Oral Answers to Questions

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

Wednesday 28th February 2024 Commons Chamber

[Mr Speaker]

I call the leader of the DUP.

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

Further to the question from my hon. Friend the Member for Strangford (Jim Shannon), will the Secretary of State join me in welcoming the fact that the new UK East-West Council will have its first meeting next month in Belfast? One of its key objectives is to encourage greater educational co-operation across the United Kingdom, as well as binding Northern Ireland more closely into the wider economy and the UK internal market.

[Chris Heaton-Harris]

I am happy to join the right hon. Gentleman in welcoming the new East-West Council and its situation, and I also look forward to seeing the North South Ministerial Council functioning. The UK East-West Council will bring together a wealth of experience and knowledge from representatives of the United Kingdom Government, the devolved Administrations, business and the culture sector, and educational leaders. We are committed to getting it working in March and doing good things.

[Sir Jeffrey M. Donaldson]

The Secretary of State referred earlier to the financial package that the Treasury has put in place to support our public services in Northern Ireland, but our commitments on public sector pay mean that there remains a significant gap in the next two financial years. Will he work with us to seek further support from the Treasury, so that we can ensure that the Executive lives within its budget and that we can pay our public sector workers a decent wage for the vital work they do?

Northern Ireland

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

Thursday 1st February 2024 Commons Chamber

[Chris Heaton-Harris]

Yes, nothing that we are doing here changes that fundamental principle. The hon. Gentleman is absolutely right to make that point and I hope I have clarified it for him properly.

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

Further to the point made by the hon. Member for Foyle (Colum Eastwood), the difficulty was that in the eyes of Unionists the Northern Ireland protocol undermined the principle of consent, which is at the heart of the Good Friday agreement. Does the Secretary of State agree that these new measures and the legislation reset the balance so that the principle of consent and the will of the people of Northern Ireland alone will determine the future of our country as part of the United Kingdom?

[Chris Heaton-Harris]

Yes, and I think the right hon. Gentleman and the hon. Member for Foyle (Colum Eastwood) are making exactly the same point, and rightly so. They represent two communities that have governed by consent in the past and what we are doing here today is trying to get government by consent back up and running in Stormont in the future.

Oral Answers to Questions

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

Wednesday 22nd November 2023 Commons Chamber

[Mr Speaker]

I call the DUP leader.

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

Further to that excellent question from the hon. Member for Stoke-on-Trent North (Jonathan Gullis), our objective is to ensure that Northern Ireland’s place in our biggest market, the United Kingdom, is restored and protected in law. Will the Secretary of State work with us to ensure that, where goods are moving from Great Britain to Northern Ireland, they are not subject to EU customs processes that are neither necessary nor fair and right? Save for reasons of animal health and the risk of smuggling, there should not be checks on those goods.

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his question, and I very much enjoy working with him on a regular basis to try to achieve the aims he has set out. We have so far gone a long way in this space with the Windsor framework, but I look forward to continued engagement with him in the next few days, because we do need to find a resolution to these issues that also means we can re-form Stormont and deal with the other domestic issues in Northern Ireland.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for the additional support that has been provided to businesses affected by flooding in Northern Ireland. Will he work with us to ensure that, whatever additional support is required for the recovery of towns such as Downpatrick, Newry and Portadown is delivered by Northern Ireland Departments working together with the Northern Ireland Office?

[Chris Heaton-Harris]

I would like to thank the local councils and the Northern Ireland civil service for the work they have done on this so far. The flooding, which I know we will talk about a bit later, was extraordinary and so many people were affected who did not expect to be. Some £15 million has been assigned for that at this point in time, but the right hon. Gentleman is quite right to say that the consequences of the floods will have ramifications for months and years to come.

Oral Answers to Questions

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

Wednesday 6th September 2023 Commons Chamber

[Chris Heaton-Harris]

Yes, I absolutely can. I look forward to continuing to work closely with the PSNI’s senior leadership team, who have a wealth of experience and are dedicated to keeping the people of Northern Ireland safe. I know that they are continuing to work closely to ensure the very best possible response to this breach. Just to give a tiny bit of detail, very briefly, the PSNI and security partners will continue to take proportionate action to protect their officers, staff and families and they have full Government support in responding to the data breach. At the moment, our focus remains on providing specialist support and expertise to the PSNI from across Government.

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

I congratulate the Secretary of State on his first anniversary and welcome the right hon. Member for Leeds Central (Hilary Benn) to his new role as shadow Secretary of State. We look forward to working with him.

This Secretary of State has rightly said that many aspects of policing in Northern Ireland are devolved, but the data breach is a matter of national security because it includes officers who work with the Security Service in a very specialist role involving counter-terrorism and intelligence in Northern Ireland. Will he assure the House that whatever resources are required by the PSNI, not only to fulfil that function but to protect its own officers and staff, will be made available?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for congratulating me on my anniversary. I was hoping that he might give me a different anniversary present, by heading back to Stormont, but perhaps we can have that conversation later.

[Sir Jeffrey M. Donaldson]

indicated dissent.

[Chris Heaton-Harris]

I have to ask, haven’t I?

The right hon. Gentleman asks a very sensible and serious question, for which I thank him. I obviously cannot answer some elements of his question in public, but any additional funding required by the PSNI would be submitted through an established process. We are currently at the very beginning of that established process, so it would not be right to pre-empt that. The Government are clear that security is paramount, and our focus remains on the items I set out. It will move on, but it is currently specialist support and expertise in response to the latest assessments.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for that response. In his earlier answer he referred to the PSNI’s senior leadership team. For the record, my party fully supports the PSNI in its impartial implementation of policing across all communities in Northern Ireland, but we are in a crisis situation, not only with the data breach but with the loss of confidence internally within the PSNI. Although it is the responsibility of the Policing Board to make appointments, does he agree that perhaps what we need now, in the absence of a chief constable, is for someone to be brought in who has the experience and leadership credentials that are needed in the interim period, pending the appointment of a new chief constable, to take control of this situation?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for that question, the way he poses it and the point behind it. The senior management team is a strong and effective unit, and the Policing Board has a lot on its plate at this point in time. I believe it has even launched a review into how the Policing Board itself operates. I am quite sure that questions are being asked about what can be done in this space but, as of now, I can update the House only on what I have done.

Police Service of Northern Ireland: Security and Data Protection Breach

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

Monday 4th September 2023 Commons Chamber

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

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the breach of security and data protection at the Police Service of Northern Ireland.

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

I thank the right hon. Gentleman for his urgent question. As you know, Mr Speaker, I was keen to do a statement on the Police Service of Northern Ireland’s data breach on 8 August, so I am pleased to have this opportunity. I am also happy to provide an update to the House on this matter. However, since writing this answer, and as the right hon. Gentleman will know, news of the PSNI’s Chief Constable’s resignation has broken over the past few minutes. I thank Simon Byrne for his years of public service. The right hon. Gentleman will know that the appointment of a new Chief Constable is a matter for the Northern Ireland Policing Board, and I will continue to liaise with the senior management team of PSNI while the process of appointing a successor gets under way. The PSNI continues to have my and the Government’s full support in responding to the data breach, and we are focused on providing appropriate and proportionate data and expertise.

The breach, where the personal information of more than 10,000 officers and staff was accidentally published in what appears to be a human error involving a number of spreadsheet fields, happened on 8 August. Not realising that the relevant document contained a hidden table, the initials and surnames of every rank and grade, the location where an individual was based—but not their home address—and their duty type were published online for approximately three hours. The data breach is deeply concerning and significant. Recent events in Northern Ireland, including the terrible attack on Detective Chief Inspector John Caldwell, show that there is still a small minority in Northern Ireland who wish to cause harm to PSNI officers and staff in Northern Ireland. I take this opportunity to thank all those individuals who work to keep the people of Northern Ireland safe. They have my many thanks, and we all owe them our gratitude.

I recognise, too, that there is significant concern about the consequences of this data breach. Many PSNI officers and staff have raised concerns about themselves and their families, and they have my support and understanding as they go about their important work, keeping communities safe in these worrying and most testing of circumstances. To them, I again say thank you.

In response to these concerns, the PSNI and wider security partners are taking appropriate action and are working around the clock to investigate the incident, provide reassurance and mitigate any risk to the safety and security of officers and staff. As of 30 August, 3,954 self-referrals have been made to the PSNI’s emergency threat management group. That is part of the welfare and support services that have been made available to PSNI officers.

The House will understand that the PSNI is devolved and has operational independence. That has been the case since April 2010 with the creation of the Department of Justice. However, as the House would expect, the Government have remained in close contact with the PSNI since this breach and other data breaches came to light. My officials and I have been receiving regular updates and the Government’s focus has been on providing specialist support and expertise to the PSNI in its handling of this issue. Officials in the Cabinet Office have chaired—[Interruption.] I will finish in a second, Mr Speaker. Officials in the Cabinet Office have chaired regular meetings, and I will update the House further, hopefully during this urgent question.

[Sir Jeffrey M. Donaldson]

Thank you, Mr Speaker, for the opportunity to raise the plight of police officers and staff in Northern Ireland. The industrial-scale breach in data last month was yet another self-inflicted blow to the morale of the police service, as well as to confidence in policing across Northern Ireland. For the rank and file, and for the staff working in our police stations, for their personal details to be released into the public domain and to find their way into the hands of dissident republicans is unforgivable.

The current terrorist threat level in Northern Ireland is “severe.” Just a few months ago, Detective Chief Inspector John Caldwell was barbarically attacked by gunmen in front of his young son after coaching an under-15s football team near Omagh. Now, each one of his colleagues must come to terms with the fact that they and their families have potentially been placed in harm’s way by the release of this data.

It goes further than that. Last week’s ruling by Mr Justice Scoffield found that the PSNI’s senior command unlawfully disciplined two of its own officers in order to appease Sinn Féin. These actions are hugely damaging to community relations, to community confidence and to confidence in the rule of law in Northern Ireland. Fair and even-handed policing is just as foundational to progress in Northern Ireland as is fully functioning political institutions operating on a cross-community consensus basis. We therefore need to hear from the Government that they will ensure that the necessary resources are available to the police—notwithstanding budgetary constraints—so that police officers, their families and police staff are properly protected against terrorist attack.

Furthermore, the Democratic Unionist party welcomes the decision by the chief constable to announce his resignation. We believe that is the right thing to do in all the circumstances. Now we want to see confidence rebuilt in our police service, and we will work with the PSNI—it has our full support—to achieve and deliver effective and efficient policing for everyone in Northern Ireland in a way that commands cross-community support.

Northern Ireland Budget (No. 2) Bill

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

2nd reading
Monday 10th July 2023 Commons Chamber

[Chris Heaton-Harris]

I very much hope that no discussion with a future Executive would take seven years to come to any conclusion. In the meantime, we have a responsibility to ensure that public services and the management of public funds can continue. That is why I have commissioned a range of information and advice from the Northern Ireland civil service on potential measures for raising more public revenue and otherwise improving the sustainability of public finances in Northern Ireland that an incoming Executive could consider. That is the UK Government’s first step in supporting the development of revenue-raising measures in Northern Ireland. It will allow us to better understand the challenges of taking this work forward, and support the Northern Ireland civil service in delivering it. The Government have for many years recognised the unique challenges that Northern Ireland faces. We have provided around £7 billion in extra funding to Northern Ireland since 2014, on top of the Barnett-based block grant.

I am grateful to officials in the Northern Ireland civil service for keeping public services running until an Executive are in place. The Government will continue to support the Northern Ireland civil service where we can, but it is important to note that responsibility for the difficult spending decisions flowing from this budget will ultimately continue to rest with the Northern Ireland Departments in the absence of an Executive. I do not want that to happen, and I encourage the people of Northern Ireland to urge their locally elected politicians to return to Stormont, so that decisions can be taken by those who were democratically elected to do that. As I say, the difficulties that Northern Ireland Departments face are a result of tough decisions not having been taken by elected representatives in Northern Ireland, not just this year, but over successive years. Funding alone will not solve the issues; that will require strong, responsible leadership, backed by a stable, devolved Government. We need the Executive back, so that they can progress much-needed and long-promised public service transformation.

Like others, I welcome the parties’ ongoing discussions with the head of the Northern Ireland civil service. There is a great deal of work going on behind the scenes about what a plan for government, and a budget for government, would look like, and how critical issues will be addressed when the Executive come back—issues such as budget sustainability and better, more efficient public services, which should be everyone’s priority. However, the head of the Northern Ireland civil service has written to me to say that things now need to become more political. In a way, I agree, but if that is to happen, all the parties must confront hard choices and ensure stability, rather than regular political crisis.

We must restore confidence in the institutions and show the people of Northern Ireland and the world what good devolved government looks like. I look forward to speaking with all the party leaders in the coming weeks, and receiving their proposals for the budget and a programme for government.

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

As one of those leaders, may I be absolutely clear? My objective is to ensure that we get solid foundations for the restoration of our devolved Government, and that we do not meet another crisis in six months’ time, or a year’s time. That is why I will continue to work with the Government to get this right, and to put in place the measures that are necessary to safeguard Northern Ireland’s ability to trade within its own country—within the United Kingdom—and its internal market. That is essential to building the stability of which the Secretary of State speaks.

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his point. He and his party representatives, and indeed all the political parties in Northern Ireland, have been working extremely hard behind the scenes—and in front of the camera, after each occasion—to develop what will, hopefully, be a plan for government, and proposals for the budget. As I say, it is time to bring those proposals forward into more political discussions. I know that each of the political parties will require a little time to develop those plans within their political committees and what have you. I should acknowledge, though, that I have already received budget proposals from the Alliance party, and I would welcome similar engagement from all the other parties.

Before I briefly summarise the intention behind the Bill, I should express my sincere thanks to the Opposition for their continued co-operation with the Government as we seek to bring the Bill forward at the requisite pace. I am particularly grateful to the shadow Northern Ireland Secretary, the hon. Member for Hove (Peter Kyle), who, as always, has been constructive. I also thank others on the Opposition Front Bench for the way that they have approached the Bill, and my hon. Friend the Member for North Dorset (Simon Hoare), who is Chair of the Northern Ireland Affairs Committee, and the Committee members, for their interest in the Bill.

The Bill will place on a legal footing the budget allocations that I outlined to the House via written ministerial statement on 27 April. I am conscious that the hour is already relatively late, and lots of hon. and right hon. Members want to contribute. I therefore do not propose repeating the contents of that written ministerial statement, which sets out the departmental allocations reflected in the Bill.

Oral Answers to Questions

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

Wednesday 21st June 2023 Commons Chamber

[Chris Heaton-Harris]

This Bill has had a long gestation. It had two days of consideration on the Floor of this House in its original form this time last year. It had one of the longest Committee stages ever in the House of Lords, taking nearly five months to complete. We laid a whole host of amendments as a Government at that point. It has its first day on Report today and another day next Wednesday. This House will have plenty of time to consider those amendments and others when the Bill returns to this place.

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

I join the Secretary of State in paying tribute to his outgoing permanent secretary, Madeleine Alessandri, and we wish her well in her new position.

The Secretary of State will be aware that since New Decade, New Approach at the beginning of 2020, we have pressed for legislation that will protect Northern Ireland’s ability to trade within the internal market of the United Kingdom and respect our economic rights under article VI of the Acts of Union. Are the Government any closer to bringing forward such legislation?

[Chris Heaton-Harris]

I very much look forward to being in a space where, following further conversations with the right hon. Gentleman, I can bring forward legislation in this place that does exactly what he needs it to do for his party to be able to give me a date when it will go back into the Executive in Northern Ireland.

[Sir Jeffrey M. Donaldson]

The Secretary of State will know that we want to see Stormont back up and running and fully functioning again, but it is critical for us that Northern Ireland’s ability to trade with its biggest market—which is, of course, the rest of the United Kingdom—is protected. We do have concerns about the practical outworking of proposals in the Windsor framework and what it means for the movement of goods in the non-EU lane. The Prime Minister has stated that there will be free movement of goods between Great Britain and Northern Ireland, and we need to see that reflected in the practical arrangements, which, I have to say, are not matched by what the EU is saying about the non-EU lane and its operation.

[Chris Heaton-Harris]

The right hon. Gentleman has detailed knowledge of this area, and I do enjoy our regular conversations on these points. He knows that in the Command Paper on the Windsor framework, which was published back in February, we detailed the British Government’s view of how we could bring in unfettered NI to GB trade as we move forward. We need to put more flesh on that bone—of that I am sure—but, as he knows, I constantly seek his guidance to ensure that I get this bit of my job completely right.

Northern Ireland (Executive Formation) Bill

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

2nd reading
Wednesday 22nd February 2023 Commons Chamber

[Chris Heaton-Harris]

I admit that I was unaware of that case, but I like to think that we would address all the significant issues that occur around medicines in general. I am afraid that the hon. Lady will have to wait, as will everyone else, for the conclusion of the ongoing talks and negotiations.

My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) made a number of points with which I concur, and I look forward to our continued conversations. He spoke of a “Taste of Northern Ireland” event that he attended on Monday evening, which alas, because of other matters—he might guess what they were—I could not attend. I was provided, however, with some of the products that I could have tasted had I been able to attend. It must have been a very warm evening in the Jubilee Room, because most of the liquid in the bottle of Irish whiskey that I was sent seemed to have evaporated. I hope that I can have a taste of the wee dram that remains when I finish with dry February.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for his reference to the Taste of Ulster event. The distillery that presented the whiskey is Hinch Distillery in my constituency, and the Secretary of State would be more than welcome to come with me on a visit. I am sure that we can replenish that which he has lost.

Northern Ireland (Executive Formation etc) Bill

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

2nd reading
Tuesday 29th November 2022 Commons Chamber

[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.

Northern Ireland Elections

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

Wednesday 9th November 2022 Commons Chamber

[Chris Heaton-Harris]

I understand the point that my hon. Friend has made and I will swerve well away from it.

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

The Secretary of State is making a statement under provisions laid out in the New Decade, New Approach agreement, yet the only remaining part of that agreement that has not been implemented and honoured by this Government is the most important one of all: restoring Northern Ireland’s place in the UK internal market.

We have had legislation passed on language and identity, and other pieces of legislation, including the provisions that the Secretary of State draws upon today. We recognise that the Government have brought forward legislation on the protocol, which is welcome, and that negotiations are ongoing. The Belfast/Good Friday agreement is based on the principle of consensus and cross-community support. When I hear some Members in this House saying that no one party should have a veto and praising the Good Friday agreement, maybe they need to read the agreement again and recognise that it is cross-community. There was silence from some when Sinn Féin kept Northern Ireland without a Government for three years; nothing was said about removing the Sinn Féin veto, so let us be even-handed.

To conclude, I say to the Secretary of State that words such as “courage”, “understanding” and “compromise” are fine and good words, but what the people of Northern Ireland need now, the sooner the better, is a solution that sees the institutions restored on the basis that Northern Ireland is an integral part of the United Kingdom, in line with article 1 of the Belfast agreement and with the Act of Union itself.

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his words and his questions. I hear exactly what he says. He details where legislation is in this place. The Northern Ireland Protocol Bill is, I believe, now in Committee in the House of Lords, unamended at this point. It is moving at good pace. This Government’s preferred view is to have a negotiated solution with our European partners, but he can see what we are aiming for in the content of that Bill.

I also hear what the right hon. Gentleman says about the history—I have made that point myself to all those who have raised similar points with me because I am aware of it and of the responsibility that sits on my shoulders. I am also aware that the 25th anniversary of the Belfast/Good Friday agreement on 10 April could and should be a great day for Northern Ireland, its politics and its past, present and future. I look forward to working with the right hon. Gentleman on all those matters.

Identity and Language (Northern Ireland) Bill [Lords]

Debate between Chris Heaton-Harris and Jeffrey M Donaldson

2nd reading
Wednesday 12th October 2022 Commons Chamber

[Chris Heaton-Harris]

I hear what my right hon. Friend is saying, but BSL is not reflected in this Bill at this point. I am sure he can add expertise and wise counsel as to whether this is the right place for any addition of that type.

Clause 1 amends the Northern Ireland Act 1998 to make provision for the national and cultural identity principles, and requires specified public authorities to have due regard to them when carrying out their functions. These principles affirm the freedom of everybody in Northern Ireland to choose, affirm, maintain and develop their national and cultural identity, and to express and celebrate that identity in a manner that takes account of the sensitives of those with different national and cultural identities. Furthermore, public authorities should encourage and promote reconciliation, tolerance and meaningful dialogue between those with different national and cultural identities.

Clause 1 also establishes the new Office of Identity and Cultural Expression, which will be required to promote awareness of the principles, and to monitor and encourage compliance with them. It will, for example, be able to issue public guidance on best practice for complying with the new duty and to commission research into matters relating to national and cultural identity in Northern Ireland. Clause 1 was also amended in the other place, and I will tackle that when I talk about new clause 8, as inserted in the other place, a bit later in my remarks; further details are also contained on the proposed Office of Identity and Cultural Expression.

Clause 2 provides for the official recognition of the status of the Irish language in Northern Ireland and the appointment of an Irish language commissioner to enhance and protect its use by public authorities when they are providing services to the public. The commissioner, who will be appointed by the First and Deputy First Ministers acting jointly, will develop standards of best practice to which public authorities must have due regard. Those standards will have to be approved by the First and Deputy First Ministers before they can take effect. The commissioner will also monitor and promote compliance with approved standards and investigate complaints where it is claimed by a person directly affected that a public authority has failed to comply with its obligations.

Clause 3 makes provision for the appointment of a commissioner for the Ulster Scots and the Ulster British tradition. The commissioner will be required to promote awareness of services provided by public authorities in Ulster Scots or those likely to be of particular interest to those with an interest in the language, arts and literature associated with the Ulster Scots and the Ulster British tradition. The commissioner will also be required to provide and publish advice, support and guidance in respect of such language, arts and literature, reflecting the Government’s recent recognition of Ulster Scots under the framework convention, as I set out earlier. That advice will also cover the effects and implementation of that international agreement, the UN convention on the rights of the child and the Council of Europe charter for regional or minority languages. For Members who are interested in this matter, schedule 3 contains further details about the commissioner for the Ulster Scots and the Ulster British tradition.

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

To those on the DUP Benches, it is evident from the Secretary of State’s explanation that there is a disparity between the power of the two commissioners. One has the power to direct; the other has the power to issue advice. That is important, because I was involved in the discussions on the New Decade, New Approach agreement, and we were very clear. We have seen local council buildings in Northern Ireland stripped bare of any vestige of British identity. We wanted to protect the right to reflect our identity in public buildings and public spaces, yet I do not see any power for the Ulster British commissioner to direct councils where they are stripping out the Ulster British identity from their public buildings and public spaces. He can offer advice, but does that compel a council to act? For us, this is a key issue.

[Chris Heaton-Harris]

The right hon. Gentleman is correct; the duty is to give due regard to the items that I have listed. I would like to think that some of the measures that I have outlined would act as safeguards. The appointment of the commissioners must be made by the First Minister and the Deputy First Minister in agreement, and there will be a level of understanding at that point in time, but I completely understand the point that the right hon. Gentleman has been making.