(1 year, 5 months ago)
Commons ChamberAs the Secretary of State has said, tonight’s debate and the Bill are simply to allocate money, which we have already decided on in previous debates, to various Departments. Although I made a promise to the Minister of State when we discussed this on Thursday that we would try to stick to the debate on the budget and try not to wander into the Windsor framework, Brexit and the Northern Ireland protocol, the issue of—
The promise actually was broken by the Secretary of State. It was a two-sided promise: that would not be raised by Ministers, who would be sensitive to the issue, knowing what our answer to these issues are and, in turn, we would stick to the budget debate. That promise has not been kept, so it would be remiss of me not to make it clear, as has been made clear by my party leader in an intervention, that we want to see the Executive up and running, but there are rules for the working of the Executive. There are important safeguards for the Executive to work: the views of both communities have to be respected, accepted and reflected in the decisions made in the Executive and in the decisions made by the Executive.
As things stand, with the protocol and the framework, there will still be a requirement for foreign law to be imposed in Northern Ireland and for Ministers of a Unionist disposition to operate that system—a system that the Government, even in the Windsor framework discussions, indicated would lead to divergence between Northern Ireland and the rest of the UK. A paltry safeguard of the Stormont brake was put in but, even if it worked, it still would not stop Northern Ireland becoming further away from the rest of the UK because of decisions made in this House about laws that would affect the United Kingdom, excluding Northern Ireland.
I have to say to the Secretary of State that, while that situation pertains, he cannot ignore the requirements of the law in Northern Ireland. The views of both communities must be reflected, accepted and implemented in the Executive and the Assembly. If that does not happen, they cannot function because we do not have the basis for agreement and for decisions being made.
It is debatable, of course, but we can talk about the Executive, up and running, being able to decide and resolve some of the issues that have been talked about here today. As I go through my speech, I point out that the Executive, its implementation and existence is not essential to deal with some of the fundamental issues that have given rise to the budget problems that Northern Ireland is facing.
I wish to make two points, the first of which is about the impact of the budget on services in Northern Ireland. Like the SNP spokesperson, the hon. Member for Gordon (Richard Thomson), I do not want to go through every Department but, as this has been raised by two or three speakers already, one of the starkest indications of the budget problem we have in Northern Ireland is to be found in education. There will be a 2.8% reduction in education spending in Northern Ireland, while in England there will be a 6.5% increase. That will affect the aggregated schools budget: the amount of money that goes to individual schools. It will particularly affect youngsters with special educational needs because, of course, as has been said, the easiest things to cut are things like classroom assistants. Of course, spending on classroom assistants and support for people with special educational needs is to be cut by 50%. There are already 11,000 children diagnosed with special educational needs who will be affected, and there is a waiting list of 400 children who have not even been placed, so we can see the ongoing problem and the problems we will build up over the years because of the cuts in the education budget. I could also talk about aspects of the education budget that are designed to help youngsters from deprived backgrounds, such as measures on school meals that were introduced by the Minister from my party. They will have to be reduced as well, which again tends to affect children from the most disadvantaged areas.
Let us take the other example, which has also been mentioned. I served for some time on the Northern Ireland Policing Board. Policing is important for any community, and it is particularly important in Northern Ireland because of the ongoing terrorist threat, the problem of paramilitaries and the terror gangs and criminal gangs associated with them, and the impact that has on communities. New Decade, New Approach made a commitment to have 7,500 officers, yet the figure is set to fall to about 5,700 officers. In the next two years, 850 officers are going to retire. The money is available to recruit only 204, so the situation will get worse and worse in terms of police officer numbers, which will fall below the commitment made on how many are required in Northern Ireland.
I think the point that I made was an indication of that. It is not just about getting money so that we can spend it willy-nilly and not care about how it is spent. It must be spent in the best way possible. If we take education in Northern Ireland, for example, we have five different sectors, and in some cases a surplus of desks and, therefore, unnecessary schools that could be closed, amalgamated or whatever. The irony of this—this is where I take issue with some of the decisions by the Northern Ireland Executive—is that one of the last acts that the Assembly undertook was that, despite the surplus of places in existing schools in Northern Ireland, special provision had to be given to opening new schools that had “Integrated” above the door. This was despite the fact that there are stacks of schools that do not have “Integrated” above the door, but that are more integrated than some integrated schools. That will result in additional pressures on the education budget. I am not so sure that some of the decisions made by the Executive on how the money is spent are always the best.
There is one in the area of education and in the area of health as well. I know I am going to incur the ire of some of my own colleagues, and maybe some other hon. Members, by saying this, but in Belfast we have four major hospitals. Four major hospitals for a city of—what? Some 300,000 people? Are there really not better ways of spending that money to ensure proper health provision? Yet we spend it—[Interruption.] And that is exactly the debate that has to be had.
Does the right hon. Gentleman acknowledge that the Bengoa report outlined how we could tackle that reform and get ourselves to a more sustainable delivery, but that the Assembly has been collapsed for, I think, four of the six years since that that report was delivered, and that only way we can deliver those reforms, necessary as many of them may be, is in a restored Executive?
That is the whole point. Ministers have had the Bengoa report, as the hon. Lady says, for years. They have never acted on it. Indeed, some of the health reforms that were acted on and some of the politically difficult changes that were made in Health were made by a DUP Minister. We have given the lead on trying to deal with some of the spending issues. However, even with those savings, there are still the issues of fairness, of whether the Budget is sustainable, and of why we are not implementing in Northern Ireland the kind of budget reallocations that are implemented in other parts of the United Kingdom.
We will find the issues arising from this budget coming back to the Floor of this House time and again, because Departments are not going to be able to work within the existing budgets. Furthermore, since the Minister indicates that the Barnett consequentials that should be coming through will not come through this year because of the overspend in previous years, when it comes to the payment of nurses, teachers and so on, there will be greater pressures on the budgets of various Departments across Northern Ireland. I do not know whether those are reflected in this budget. That is why it must be accepted that, until the Government are prepared to look at measures that create the grounds for the formation of the Executive again, this issue will rest with the Secretary of State and he will have to take responsibility for it.
For the past five years, any budget that we have had has been delivered—sometimes fairly chaotically—here, not in Stormont. For the past decade, we have limped along with one-year allocations and without a new programme for government. Public services are at a genuinely precarious point, as colleagues have indicated; I might touch on that point.
It has to be pointed out, as we look at the context of this budget, that those factors are the consequences of two specific pernicious features of our politics over the past decade. The first is the austerity politics that have been practised by successive Conservative Governments and are being foisted on the people of Northern Ireland with no visible care for public services, let alone for how we create a better and more sustainable economic future or tackle the chronic challenges that are contributing to the financial drain.
The second factor is boycott politics, which are being practised by the DUP right now and have been practised by others in the recent past with, clearly, no real regard for how that affects devolved government and public services, how it gradually wears people down, or how it gradually undermines the belief of the people of Northern Ireland that elections matter, devolution works and politics is the way to do things.
At the risk of becoming a history lesson, may I remind the hon. Lady that between 1982 and 1986, following democratic elections, the SDLP refused to take its seats for a single day of the lifetime of that Assembly, at a time when people were dying on our streets in their thousands?
I am happy to correct the right hon. Gentleman’s history lesson. That was not a power-sharing Government, and I remind him that subsequently, in 1998, the overwhelming majority of the people of Northern Ireland made a different choice. They said, “We want to work together, in our substantial common interest, in devolved institutions that put power in the hands of our people from all backgrounds and traditions.” That is the choice before us, but unfortunately the Government are choosing austerity politics and the DUP is choosing boycott politics.
The thing that links those two toxic trends is Brexit. When the Government say there is not enough money to spend on public services, it is in large part because, as every forecaster suggested, Brexit has been economically disastrous. It is also a consequence of the disastrous Budget pushed by the previous Prime Minister. Brexit and the kamikaze Budget were the Government’s choices, and it is now their choice to inflict this budget on the people of Northern Ireland.
When the DUP says it cannot take responsibility for its share of governing Northern Ireland, it is because of the DUP’s choice for a bone-hard, bone-headed Brexit. Despite all the protestations we now hear about the lack of consensus and the DUP’s deeply held concerns not being listened to, for many years of the Brexit process the DUP refused to take on board the advice and pleading of many of us about the consequences of what we were being walked into.
That is simply not true. One of the reasons why the DUP stated very clearly that it cannot support a hard border on the island as a result of Brexit was to take account of nationalist concerns. If only that had been reciprocated and nationalists had taken account of our concerns about an Irish sea border, we would not be in the situation we are in today.
I would be happy to give way in a moment if the right hon. Gentleman wants to tell me about any proposals or votes he made in this House with a view to achieving a solution that has the consent and consensus of all the communities. I was not a Member at the time, but I spoke at meetings in this House on a borderless solution being the only outcome without a sense of winners and losers.
As I say, this has been about choices. I do not doubt that the DUP’s concerns are sincerely held but, on the choice to boycott politics, not a single thing is advanced by having no Government. Not a single technical concern about the Northern Ireland protocol or the Windsor framework is addressed by not having a Government. It is a choice, and we want a different choice. We want devolved government based on the common good and Northern Ireland’s huge economic opportunities, and devolved government in which the SDLP can play a constructive role in opposition. To that end, we have already published our detailed triple-lock proposals to protect public services from these sharp, short-term cuts while creating a pathway to much better long-term governance.
If the DUP continues to immiserate our politics, and if the Government continue to press ahead with this budget, more fundamental choices will present themselves. The first choice is to reform Stormont’s Standing Orders to make sure that one party can no longer hold up the formation of a Government. And if the DUP insists on creating the sense that Northern Ireland, as a unit, cannot work, the second choice is to realise the potential of all our people in a new Ireland back in the European Union. Especially when people are told that devolution within the UK is no longer available, the SDLP will pursue that aim vigorously and with honour, based on reconciliation and the potential of all our people.
That is a big choice about our future, but there is also a here and now that this budget does not serve well. Colleagues from across the House have highlighted some of those impacts. On infrastructure, our ability to address climate change, let alone things such as road safety, is hampered. The PSNI is facing its numbers falling to their lowest level, at a time of not just security threat, but increasing complexity of the issues it deals with, particularly on mental health. Across the economy, regions that are doing well are doing well by leaning into their economic potential and their successes, but instead we are cutting things such as the arts sector and Northern Ireland Screen, and we are cutting the budgets of Tourism NI and of further and higher education. All of these cuts undermine all of the flagship strategies about our economic future, particularly 10X. I am not sure where we can start on health and education, and I hope to be able to explore those areas in more detail in a Westminster Hall debate next week.
Schools have not been on the pig’s back at any point that I can remember, but the projected shortfall of £200 million is catastrophic. One of the many things not being covered is a much-awaited pay deal for the most shamefully undervalued parts of the workforce, SEN classroom assistants. That could lead to further strike action, which literally hurts the most vulnerable children, including those at Glenveagh School in my constituency, who have already picked up much too much of the slack of the politics.
In health, we know that a standstill budget is, in essence, a cut and that we are doing nothing. We talked a lot in this House last week about a workforce plan, none of which reaches Northern Ireland. The Chairwoman of the Public Accounts Committee rightly highlighted cuts to the Northern Ireland Audit Office and NIPSO—the Northern Ireland public services ombudsman. Those are problematic in practice and in principle, because at many times in the past few years those bodies, particularly the NIAO, have provided some of the only scrutiny we have had. They have acted as an effective opposition in some cases to aspects of Government waste and failure to reform.
In practical terms, discretionary spending is all but gone. Even permanent secretaries, who, as we know, do not like to dabble too much in the politics, are asking the Secretary of State to resolve that tension for them and asking how they reconcile their statutory duties with the budget they have. I hope that one of the Ministers can clarify the position. If their section 75 duties are always followed, as they say they are, will they clarify whether those section 75 assessments are content with the scale and depth of these cuts? What steps have they taken to identify and mitigate the impact? Have they received any advice about an overarching equality assessment?
Will the Secretary of State also clarify whether the Government have taken into account the long-standing guidance as well as the Equality Commission’s investigation into failings in the preparation of the 2019-20 budget? What lessons were learned from that? Finally, the UK has been a signatory to the UN convention on the rights of the child for at least three decades, so will he clarify what regard they have given to the UN committee’s recommendation that this budget be withdrawn and replaced with something that protects the rights and needs of children?
The budget is unworkable and it is a false economy. It is storing up so many problems, both in terms of democratic grip in Northern Ireland and in public services. Devolution has never been more needed. People in Northern Ireland feel that they are part of a political game that they are not playing and that is being played on them. I urge all of those with the ability to make these choices to stop practising austerity politics and to stop practising boycott politics, and to do so as soon as possible.
In calling Jim Shannon, I just want to say: do not forget to leave some time for the wind-ups, Jim.
(1 year, 6 months ago)
Commons ChamberToday is a day of reflection in Northern Ireland. It marks an opportunity for people to think about the tragic and needless loss experienced by so many families during the troubles. It also allows us all as a society to reflect on how far Northern Ireland has come from the most difficult days of the troubles, and the further work required to ensure that we never again return to violence and that Northern Ireland is a truly peaceful, prosperous and reconciled society, which is something this Government are determined to deliver.
If I may, Mr Speaker, I would like to note that my permanent secretary since January 2020, Madeleine Alessandri, is leaving the Department next week for another role within Government. I would like to place on record my thanks to her for all the help and guidance she has given me and everyone else over the last 10 months.
In answer to the question, in his spring Budget the Chancellor stated that Northern Ireland would receive Barnett consequentials for 2023-24 and 2024-25 as a result of increased UK Government spending on childcare policy reform in England.
The Secretary of State may be aware that there is no childcare strategy in Northern Ireland and very little support, which is placing many families under extreme financial pressure because of growing costs, exacerbating inequality among children and forcing many, particularly women, to abandon their career for years. Research by the advocacy group Melted Parents demonstrates that families in Northern Ireland have been consistently failed on this issue. Does the Secretary of State agree that childcare must be recognised as a core part of the economic and societal fabric, as well as a tool to give kids a great start in life? Will he support the Department of Education and others to ensure that families in Northern Ireland can finally access the benefits promised in the Budget, promised in New Decade, New Approach and promised before that as well?
(1 year, 9 months ago)
Commons ChamberIt is right, of course, that we are not having an election. The Secretary of State is correct to more comprehensively push that back, because it would be pointless to miss a series of little deadlines. Ultimately, an election without either a change in the context or a change in the rules would not put power in the hands of the people and would therefore be pointless.
This is a delicate time, a sensitive time, in relation to the negotiations. Hopefully, it is also a time of possibility—a possibility that we can find a deal and an outcome with which most reasonable people can live. We have all said many words in this Chamber and outside of it about the parameters of that, so I will not dwell on it this afternoon.
Clearly, the hope and the goal is to get back into Stormont as soon as possible to get on with the things that people desperately need us to progress on—in care, climate, housing and jobs. Without doubt, health is the most acute and burning issue, in terms of the need that is out there and the corrosive impact of stop-start government and what that has done to our health service over the past number of years. This has not been an overnight problem and there will not be an overnight solution. In the absence of an Assembly, we do not have health transformation; we are having ad hoc bits and pieces of collapse, which are not cost effective and not what clinicians would wish them to be, and they are not building confidence in communities about what is ahead for public health provision.
We can look at any number of examples of services in different geographical areas, but no more so than in the South West Acute Hospital in Enniskillen, where services are falling over and having to be closed without any sense of the compensatory provision that people would wish to see. People are seeing loss of services without any gain and without the improvements in health provision and outcomes that are possible if we do this properly with a locally accountable Minister and an engaged Health Committee.
I do not want to labour this point, but it is very clear that the stalemate is eroding public services. It is eroding belief in politics and it is giving comfort to some of the anti-democratic forces still skulking in the background who have not really come to terms with the agreement and with the will of most people in our society to move forward and to get on with solving our problems and creating our shared future.
This Bill, like a few that we have seen recently, is a bit of a sticking plaster on failure, but some real good is coming out of it today—thank goodness—in the progress of Dáithí’s law. I want to speak to Dáithí:
“Tá tú i do chodladh anois. Maith thú. Cinnte, tá sibh tuirseach i ndiaidh an taisteal. Duit féin, do do mhamaí, do dhaidí agus, anois, do dheirfiúr bheag, ba chomhair daoibh a bheith an-bróidiúil as an bhfeachtas a throid sibh, as an misneach a léirigh sibh, agus as an mbua mór a bhain sibh amach le chéile. Agus a Dhaithí, ár laoch, iarraim ar Dhia go mbeidh dea-scéal agus croí nua agat go luath.”
To Dáithí, to your family, to your mum and dad, and now to your wee brother: You should be so proud of all that you have achieved together—the huge progress that you have made. You have been a hero to so many people and we all just hope that you get good news and a new heart soon, and we are all with you.
It is important that we say well done to that lovely family for all that they have achieved, and to so many people who have progressed the issue over the years. I pay tribute to Jo-Anne Dobson, an Ulster Unionist MLA, who advanced the issue substantially in a previous Assembly, bringing the issue to public attention and making it a political reality. She loosened the lid.
The hon. Lady rightly refers to Jo-Anne Dobson, who has been through this situation—she had a young son, Mark, who had a transplant, without which he would not be here today. The hon. Lady looks to history, and the history is right, and she has expressed it in a very kind fashion.
I thank the hon. Gentleman. I pay tribute to others, including Fearghal McKinney, who is here from the British Heart Foundation and has worked on this issue for many years and with his colleagues has helped to get all the ducks in a row to allow the family to have the reach they need and the regulations in place. I also pay tribute to Joe Brolly and Shane Finnegan from my own parish of St Brigid’s. Joe Brolly’s act of decency and humanity a few years ago in giving his kidney to a relative stranger opened many people’s eyes; it stopped us in our tracks and underlined how meaningful and how important for life organ donation is.
I hope all those people, particularly Dáithí and his family, who brought the issue to this point, take some pride in and encouragement from their achievement, and I hope it will encourage and remind all of us in elected life that we can do good things when we work together. There are many things we need to do, and hopefully these couple of weeks can see progress and allow us collectively to get on with making many other necessary and positive changes.
Would the right hon. Gentleman mind saying what he thinks the specific impact will be on the dairy industry, and the many producers that sell about a third of their milk to the Republic of Ireland? What would be the environmental impact of having to dispose of a third of the milk produced in Northern Ireland? Where would that be sold if we did not have our privileged access to the single market?
The hon. Member should think about the issue the other way around. What would be the impact on the food industry in the Irish Republic if the EU and the Irish were so bold and so stupid as to cut off a third of the milk that they need to make cheese, butter and everything else in the factories there? There are always ways of working around these issues. There is an idea that, somehow or other, if we do not conform to EU law, we cannot trade with the EU. America does not conform to EU law; it does not have EU laws imposed on it. China does not have EU laws imposed on it, but it can trade freely, and its trade with the EU is worth billions. Of course there are ways of addressing the issue.
(1 year, 10 months ago)
Commons ChamberLike other Members, I regret that we are considering this Bill in this place in this way. I regret the lack of scrutiny, innovation and imagination that can come from Budgets being done in this way, and I regret the lack of shame from some about the collective failure that we are again foisting on the people of the region. There is definitely a sense of “same stuff, different day”, because it is worth saying that the way public spending is overseen in Northern Ireland is nearly always convoluted and untransparent. I joined the Finance Committee in Stormont in 2016, and when I was trying to get my head around the process I think had to go seven or eight years back to find a textbook Budget year. The process is so far from transparent as to put people off even understanding what we are doing.
It is also worth saying that this is not a Budget in the way people would understand the use of that term, in that it is not a list of political priorities. Again, that is increasing the cynicism among citizens about our ability to spend on things that matter to them and our ability to address the short-termism and the ingrained lack of responsibility-taking that unfortunately characterises Stormont for many people. Nowhere is that clearer than in health, where many years of this sort of stop-start governance and can-kicking has left that service and the people who deliver it for us in a really parlous state.
No party is without fault in that regard, but the two largest parties deserve the most opprobrium for walking off and staying off the job in late 2016 after the Bengoa report created a little bit of shared purpose and the little bit of hope that we could possibly reform services. What we are doing instead is allowing little bits of the national health service to fall down one by one, bringing all of the downsides of reform and none of the upsides. Just one example of that is the closure of a rehabilitation ward at Whiteabbey Hospital. It is a successful rehabilitation facility and it makes no clinical sense to remove it; its closure will send patient blockages back up the system for each one of those beds that is not reopened due to a lack of decision making. As well as the failures in those people’s lives and the pressures that that builds in the staff who are delivering the services, it will make it harder to achieve buy-in and confidence in health reform in subsequent years when we finally get back to working properly, because people associate the reforms only with closures and not with the enhanced services that they can bring. We know that there are challenges across the services, including waiting lists. Yes, people have said that they are bad everywhere, but they are far worse in Northern Ireland. GP services are facing an existential crisis, and deepening levels of mental ill health are engulfing many parts of the service.
We know that it is not just in health that we are failing people. If the climate targets that we finally agreed in the dying days of the last Assembly are not mainstreamed and given effect through Budgets and plans, they are not going to mean anything. The labour shortages that employers across Northern Ireland are facing are not going to be mitigated by, for example, parents, and particularly women, coming back to work, because there are no Ministers in place to finally get a grip of childcare. Adults with some vulnerabilities but who have plenty of ability to work will no longer be supported by the many European social fund projects. They will fall by the wayside in a crude Darwinian process that seems to be happening at the moment. Projects are failing, and we will have to see which ones survive. Without ministerial intervention, we will keep exporting thousands of students because of a cap on numbers, to say nothing of the challenges in schools that many colleagues have raised.
The hon. Member for Belfast East (Gavin Robinson) touched on an issue that underpins all of this. As I say, yes, I am prepared to share the responsibility of failures over decades of devolution, but we cannot ignore the austerity that has been imposed on Northern Ireland, as on other regions, over the past decade and a half. No one pretends that devolution is perfect, but we have to —and our party certainly does—imagine a much better way to run our public services than being dependent on a little bit of a hand-out and being tethered to a vision of an economy that is related to Brexit, deregulation and threadbare public services. The SDLP does not believe that it has to be that way, even when we are operating within devolution. The Chairman of the Select Committee, the hon. Member for North Dorset (Simon Hoare), said that it was our job to do the bits that we could. To paraphrase Wesley: “You do all the things you can in the places you can for as long as you can.” It is probably simpler than that. Woody Allen said that 80% of success is just about turning up, and that is something that devolution is failing to do.
The SDLP has tried to make the constitutional set-up work, and will continue to do so, but it is not the limit of our ambition. Members have given all the reasons why devolution cannot work. They have mentioned the trader support service and the cost that that imposes on the Budget—not the Northern Ireland Budget, but the Budget from the Treasury. That is another cost of Brexit, but they fail to mention the £1.3 billion in increased exports from Northern Ireland to the Republic that have been achieved as a result of the protocol. We would want to caution them: if you take away even the status quo, even the possibility of cut-and-paste devolution in the UK, you have to be aware that people will look at other ways to meet their basic needs. As I have said many times before, and as Hume said, if you ask for all or nothing in governance, you often end up as nothing. We are prepared to work with anyone who will work with us to try to make some lemonade out of the Brexit lemons that we have been handed. There are opportunities and options, and there is space for compromise, both in the EU-UK talks and in the Executive when we finally have Members there.
We come to the last Back-Bench contribution, from Mr Shannon.
(2 years ago)
Commons ChamberNot only would that be unreasonable, but those Assembly Members were elected on a mandate not to do so.
Does that mandate extend to the former Minister at the Department of Agriculture, Environment and Rural Affairs who, while government was being withheld from people, was writing to UK Government Ministers asking for portions of the protocol to be retained, to benefit financially farmers such as himself?
(2 years ago)
Commons ChamberAlthough I am an English MP, I have a huge affection for the people of Northern Ireland. What happens there matters a lot to me because of the three years I spent soldiering in the place. Indeed, I am revisiting the Province this weekend, as Northern Ireland Members know, for the rather sad commemoration of the Ballykelly bombing, which occurred 40 years ago and for which I was the incident commander. Thankfully the bad old days of the past have gone now, and they must never return.
May I at this point commend to the House the continuing dedication, hard work and often gallantry of the Police Service of Northern Ireland? In the past I worked closely with its predecessor, the Royal Ulster Constabulary—especially the special branch—and I have nothing but the greatest of respect and admiration for the men and women who make up its ranks.
It is unfortunate that we have to have this Bill to try to get an Executive formed in Northern Ireland, but that is where we are. It is also essential that we get through this deadlock of democracy in Ulster. Everyone agrees on that, and the stumbling block to achieving that progress is the protocol. It is certainly stumped at the moment, and people and businesses are really hurting in Northern Ireland. The protocol directly costs people in Northern Ireland. It is totally unfair that my constituents in Beckenham do not have to pay as much money in the supermarket as people in Northern Ireland do because of the protocol.
Will the right hon. Gentleman outline where he saw these price differentials? Through my work, I spend half the week in London and half the week in Belfast, and I am not seeing it. I do not think the evidence provided by the retailers is bearing out that assertion. Can he give evidence of the price distortions he says the protocol is causing?
Order. I make the same plea: there are plenty of opportunities to talk about these other issues. We have the Bill in front of us, and I think it would be more fruitful if we directed our comments towards that.
I am well aware of that. The remuneration I am talking about does not include salaries, but it does include all other expenses, including representation moneys, and the total amount in the last 10 years was in excess of £10 million—for not performing their public duties. That is not the responsibility of the Secretary of State, but it is the responsibility of the Leader of the House.
Is the hon. Member’s point that he would like the salaries of his party colleagues’ staff stopped as well? That seems to be the logical extension of what he is saying. I think we are all agreed that abstentionists should not receive a salary, but if he is saying that the issue is that there are office costs and other remuneration, is he proposing that they are taken away from MLAs?
I thank the hon. Member for that intervention. I think she knows full well that that is not what I am suggesting. I was quoting the exact reference from the Secretary of State in introducing the Bill: “full remuneration from the public purse”. That should apply equally to Sinn Féin’s allowances and representation money. Action should be taken on that. It has been requested and sought for many years. I will leave it there and hope that the Leader of the House will introduce such a change. It would be entirely unacceptable if she were not do so.
We have discussed this Bill on many occasions and also the need to get back into Stormont, which all of us share. My party is a devolutionist party. I have served for many years in various capacities under the devolutionary settlement of Stormont, so I want to see Members back doing their jobs. However, it is a mistake to keep referring to a variety of problems and say that they could be solved if Ministers were back at their desks. Ministers were at their desks when hospital waiting times got worse. The A6 dual carriageway in my constituency is almost finished, but it has been almost finished for a year, and that has been mostly under devolution. Unfortunately, the road remains unfinished. I hope that no one will suggest that we should get back into devolved Government so that the roads can be finished. I hope that no one will suggest that we should get back into Government because the waiting times in various hospitals are getting worse. They were getting worse under devolution. Yes, I want to see devolution work, but let us not create straw men for others to knock down.
I am pleased to be called to speak in the debate, but I am disappointed that it is on another Bill that is a manifestation of political failure. It is the latest in the diet of political failure that the people in Northern Ireland have been fed, and attention is rightly on the current abeyance of the institutions. However, the truth is that the stewardship of the Good Friday institutions has been abused for the past decade by partisan positioning. The people who pay the price, time and again, are those who are waiting for health treatment for want of reform of health and for want of workforce planning, the children who are sitting in an inadequate school estate because of delayed development decisions, and the people sitting in the cold and getting sick because of it, waiting for cost of living support payments that reached other regions many months ago.
We should be in absolutely no doubt that, despite the nihilist anti-devolution rhetoric that we have just heard, the responsibility to govern and the refusal of it does have a measurable impact on public services. Nobody is saying that the parties in charge over the past decade have done a particularly good job of running those services, but it is absolutely the case that having no Ministers degrades decision making. We should be in no doubt, either, that the normalisation of crisis politics is wearing people in Northern Ireland down, entrenching division and making our society even sicker.
Anybody listening to the speeches from DUP Members will have had a mind-bending experience. I am going to stick to the scope of the Bill, but I want to clarify that nobody is dismissing the hurt that many ordinary Unionists feel about Brexit and the protocol; that is why many of us advocated exhaustively for better solutions, which were dismissed, while DUP Members were gleefully all about their selfies with the European Research Group. However, we are being honest with people about the fact that the Northern Ireland Assembly does not have a role in that negotiation.
In the debate about restoring the institutions, people are frustrated at the idea that the DUP is the victim in all this, when the people I, my hon. Friend the Member for Foyle (Colum Eastwood), the hon. Member for North Down (Stephen Farry) and many others represent are the people who have been Brexited against our will. Are we tearing everything down? Are we punishing the health service? No—we are turning up for work every day to try to find solutions.
We have heard it demonstrated today that no solutions are going to be acceptable. Perhaps I imagined the years of debate about blockchain and all the other technical solutions to Brexit that were put forward, including by the DUP, but we know there is no bottom line that is going to be met. Instead, we have the promulgation of a “them’uns did it” narrative that the protocol is somehow a creation of Irish people, nationalists and foreigners in the EU, rather than a proposal by the UK Government to get themselves off the hook of the original Brexit trilemma and the fact that we cannot reconcile a hard Brexit with the geography we have. In all the debate I have heard over the last six years, including today, I have yet to hear a solution to that.
The Good Friday agreement is about solutions. That agreement and the institutions it created were supposed to give life to the aspirations of everybody in Northern Ireland, regardless of their community background or their view on the constitutional issue. Instead of people being able to see opportunity in politics and opportunity in public service, they just see dysfunction, an Assembly not sitting and—with respect—a UK Government who are not interested.
People in Northern Ireland know that our future is not fixed. They know the experience we are having right now does not have to be the experience that we have forever, and people are beginning to look clearly at their options. They see the Stormont dysfunction and the merry-go-round here, and they can see a very clear contrast with the Government in the rest of the island of Ireland, who are stable and delivering a budgetary surplus that can mean investment in public services.
The Social Democratic and Labour party has always been clear about our desire to create a new Ireland on the basis of consent, and we have rejected the scorched-earth approach of others that would see a new Ireland rooted through dislocation and disarray, but the hard truth is that those creating chaos in our institutions are absolutely scorching the earth. They are driving more people every day to think about a new paradigm in which they can enjoy good governance, run their businesses and raise their families.
Our primary political objective will always be meeting the needs of people in the here and now. That is why we support the provisions in this Bill—reluctantly, because we know it is required to keep the show on the road, and it does just that and no more.
We acknowledge the need to postpone an election. Elections are supposed to put power in the hands of the people, but the reality is that an election, had it been run next month, or in March or May, if the veto was not removed and the blockage was not removed, would do no such thing. It would not put the people in the driving seat and it would further disrespect the mandate that those people expressed six months ago.
We acknowledge the need to give clarity about interim political decisions, but—I appreciate that the Secretary of State understands this—it is no substitute for democratically accountable Ministers. We are not over the last governance black hole that caused much of the degradation in public services that we are currently experiencing.
However, the SDLP is equally clear that DUP intransigence cannot be rewarded by either direct rule or indirect rule. In the absence of an executive, even with the mitigations in this Bill, the Conservative party would be in the driving seat on major decisions. That does not reflect the will of the people as expressed either this past May or in 1998 with the Good Friday agreement. That agreement was about creating devolved institutions that reflect the views of people who are Unionist, people who are nationalist and people who are neither.
Plan A for the SDLP is a devolved Executive as chosen by the people in May. But we have tabled new proposals that would give a formal consultative role to the Irish Government and a role to the First Ministers-designate, who should be chosen from the two largest traditions—[Interruption.] People can call that what they will, but we are very clear that if strands 1 and 2 are deliberately paralysed, strand 3 and the British-Irish Intergovernmental Conference should be consciously operated. Parties should know that that will be the recourse and the consequence of their choice to hold strands 1 and 2 of the Good Friday agreement to ransom. The institutions of government rely on Unionists, nationalists and others working together in our substantial common interest, and that principle should be hardwired into any governance decisions—even those that are operating only temporarily.
We acknowledge the injustice of MLAs who are not fully at work continuing to receive a full and decent salary at a time when so many are struggling, and when those with trade unions are losing pay because they are striking to improve terms and conditions and the public services that they deliver. We regret the collective punishment and untargeted scope of this approach.
As the right hon. Member for Skipton and Ripon (Julian Smith) outlined, there are many decent and talented people in all the parties, including the many who have stepped forward for election for the first time this year. I spend a lot of time trying to persuade people of all political backgrounds to go into politics. It is difficult enough to attract talent—many of us now on these Benches had our pay cut last time the Assembly was in abeyance—but it is harder when you say, “These are the terms and conditions. This is the abuse you’ll get on social media. These are the hours you’ll keep. And by the way, for a few months every year, you’ll struggle to pay your mortgage and childcare bills because of the intransigence of others.” We have tabled an amendment that would direct that tactic at those who are creating the problem and who refuse to allow even the nomination of a Speaker.
We have also proposed by amendment a means of electing First Ministers and a Speaker. That would move us away from the culture of veto and the focus on binary designation, neither of which have, in recent years, proven healthy for discourse or decision making, unfortunately. That reflects our desire to evolve and reform the institutions without jeopardising the fundamental principles of power sharing and mutual respect. There is absolutely no attempt by the SDLP to move away from those principles, which have been at the core of our party and everything we do for the last five decades and more. But if that is only ever expressed by veto and by blocking the people of Northern Ireland from having a decent life—if that is the only tactic that people appear to be prepared to use—we will absolutely look for solutions.
If the DUP continues to be abstentionist in the new year, post any EU-UK deal, and given that an Assembly election while those are still the conditions will not put power in the hands of people, we will explore reform with more urgency—
You are doing a great job yourself.
We began that work by tabling amendments to the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 to introduce an alternative election of First Ministers—[Interruption.] We do that work despite the chuntering from a sedentary position of people who just say no, who just nag from the sidelines, who are blocking good governance, and who, day by day, move more people towards considering and exploring a new Ireland—[Interruption.] Those on the DUP Bench below me have no interest in making Northern Ireland work, have derided and mocked people like me for wanting to do so, and have shown that they are unwilling or unable to do that. Those who vote for that party to protect the Union should really take a strong look at the strategic direction that is being provided and the value that they are being given for their vote.
Order. I am going to be less generous than I was earlier. As far as the protocol is concerned, the points have been well heard. Members’ remarks are going much wider than what is in the legislation before us. Can we have a bit of focus, please? There is plenty of meat here.
I appreciate that, Mr Deputy Speaker, and my focus is exclusively on the restoration of the Executive and restoring government to the people of Northern Ireland. I am outlining the efforts that we made last year with the MEPOC Act to introduce or reintroduce mechanisms that would move us away from veto and confrontation, which have become the political culture.
We sought to equalise the titles of First Minister to clarify the joint nature of that office and to end campaigning that is only ever built on dominating other communities. We also attempted to introduce a change that would allow for the election of First Ministers based on the votes of two thirds of Assembly Members, including broad-based, not majority rule. It is worth saying that had that been voted for last July and extended to the election of the Speaker, we would be back in the Assembly now.
Solutions do exist, and we will engage with any solutions that are serious about ending the deadlock while retaining the core principles that we adhere to of common endeavour and mutual respect. The way that things are being operated at the moment and the tactics of the DUP are destroying trust in devolution, and the DUP is profiting from prioritising victory and veto in a system designed for partnership. As John Hume said many times, “If you ask for all or nothing, you will get nothing.” [Interruption.] DUP Members may think they are being smart by chatting over me, as they do. They reject anybody whose views are not identical to their own, and they will see in the long term where they get. As long as this fiasco continues, the Social Democratic and Labour party will continue to speak up for people who are just trying to get through their days, live their lives, raise their families and run their businesses. We will support the necessary provisions in the Bill that help them do that.
Thank you, Mr Deputy Speaker, for bringing us back to the Bill. The fact remains that we would not need it if the protocol was resolved.
Moving on to MLAs’ pay, the hon. Member for North Dorset (Simon Hoare), who chairs the Northern Ireland Affairs Committee, seems determined to punish MLAs for his party’s failures. His party gave us the protocol, and in doing so undermined the fundamental building blocks of the institutions and the Union which they claimed to cherish. His party failed to act when the DUP offered time and space to find a replacement and avoid the position in which we find ourselves. Does he accept any responsibility?
Let me be absolutely clear: DUP MLAs will embrace any pay cut that the hon. Member for North Dorset, or anyone else for that matter, imposes on them, whenever it comes. That will not change their stance or the stance of the DUP. As someone who was in the Assembly when pay was cut last time, I can assure the House that we are in politics because of our conviction, not for the pay that we receive.
Our refusal to enter the institutions has the support of our community, which will allow us to return to them only on the basis of respect for our constitutional position and the restoration of the integrity of the UK. The Minister of State knows that, because he heard the message loud and clear in Hillhall when he visited my constituency and the constituency of my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) last week.
Today, Members are exercised about the pace and severity of a pay cut. They ought to be exercised about the reality that should a new way forward not emerge soon, there will be no MLAs, no Ministers, no Stormont and no devolution. Furthermore, should those who now seek to exclude Unionism from the institutions under the guise of reform continue to undermine the agreements they claim to cherish, restoring those institutions will be increasingly difficult. It is telling that the same voices fell silent for years when Sinn Féin refused to enter the institutions. Indeed, rather than demand their exclusion, Alliance and Social Democratic and Labour party representatives stood at protests shoulder to shoulder with those blocking government. The double standards, and the desire to exclude Unionism from the institutions, are not lost on my community.
Does the Member acknowledge that only three or four days ago I stood shoulder to shoulder, so to speak, with a member of her party when addressing provision by the education authority? Does she acknowledge that working with members of other parties on different issues is not the same as endorsing their entire policy platform? She made an accusation again about my party withholding government. Is she going to keep repeating that falsehood, or does she acknowledge that cross-party working does not mean that we buy into the entire manifestoes and approaches of other parties?
We will have an opportunity to read Hansard and the Member’s contribution today, so we will be able to see that there is a clear ignoring of Unionist views and a clear sidelining of Unionism and the many people on whom the protocol continues to impact.
(2 years, 1 month ago)
Commons ChamberIt is kind of the hon. Gentleman to admonish my Department. I think he will find—this is a problem that politicians have—that I did stand outside the Northern Ireland Department and knock back joint authority within a few hours of it being mooted, but I had also said a couple of other things that seemed to catch the public’s eye rather than that. Our focus is on ensuring that the institutions in Northern Ireland are able to deliver on the priorities of its people, which means that our first priority must be restoring the Executive. The people of Northern Ireland deserve a stable and accountable devolved Government and we will continue to work tirelessly to secure that objective. I hear what he says about other commentators. He will understand that there is a massive international focus on what is going on in Northern Ireland. I, like him, intend to ensure that all strands of the Belfast/Good Friday agreement continue to be agreed to.
We believe strongly and hope that a fair deal is available between the EU and the UK that will satisfy all people of all identities and all economic sectors, if parties will just lead and compromise, and not spend their time on misinformation and disinformation. I believe that that is what the people of Northern Ireland want. For many years, people of my background faced the jibe that we did not want to make Northern Ireland work. We desperately do, but, unfortunately, the party in front of me, the Democratic Unionist party, will not allow that at the moment. Let us consider the following:
“it is wrong…in a democracy, that one party, representing…25% of the people, is able to veto the establishment of a Government. That is not democracy”.
Those are not my words but the words of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), whose party represents 21.3% of the voters. Will the Minister confirm that he will allow the exploration by all parties, in a transparent and inclusive way, of reforms of the Assembly, if necessary, to incentivise compromise and allow those of us who want to serve the people to do so together?
I am new to my glasses and when I looked up as the hon. Lady was talking about the people in front of her, I saw the Lib Dem Member here, the right hon. Member for Orkney and Shetland (Mr Carmichael), and I thought, “I am so sorry that you have been holding up so much progress in Northern Ireland for some time.” He is a great man so he will understand the point. I hear what the hon. Lady says. I will not be stopping any debate on anything. The one thing I have learnt quickly in Northern Ireland is that it is impossible to stop any sort of conversation or debate, so I will not even be trying.
(2 years, 1 month ago)
Commons ChamberThe Government are engaging in constructive dialogue with the European Union to find solutions to the problems that the protocol is causing. We are also proceeding with the legislation before the House, which aims to fix the problems in the event that we cannot reach a negotiated solution. Of course, it is the Government’s preference to reach a negotiated outcome.
The Social Democratic and Labour party seeks to build a new Ireland by persuasion and consent and with the endorsement of the widest possible number of people in Northern Ireland, but the rational mechanism for constitutional change is set out in the 1998 agreement, in the Northern Ireland Act 1998 and in accepted democratic norms. Will the Minister confirm that the Government have no intention of unpicking the principle of consent?
Absolutely. The Government are fully committed to the principle of consent and the Belfast/Good Friday agreement. Indeed, our actions are all guided by that full commitment to the Belfast/Good Friday agreement and its protection.
(2 years, 1 month ago)
Commons ChamberI beg to move amendment 6, page 1, line 14, leave out from “that” to second “and” in line 16 and insert
“respects the rights of others”.
This amendment would replace the principle taking account of the sensitivities of those with different national and cultural identities with a principle of respecting the rights of others.
With this it will be convenient to consider the following:
Amendment 15, page 2, line 5, after “means” insert
“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.
This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.
Amendment 7, page 2, line 13, at end insert—
“‘rights of others’ means Convention rights within the meaning of the Human Rights Act 1998 and other international human rights standards.”
This amendment defines rights of others in reference to Convention rights and other international human rights standards.
Amendment 28, page 3, line 32 at end insert—
“(4A) The Office must comply with any directions (of a general or specific nature) given by the First Minister and deputy First Minister acting jointly as to the exercise of the Commissioner’s functions.”
This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.
Amendment 31, page 3, line 32, at end insert—
“(5) The First Minister and deputy First Minister acting jointly must annually assess and report on the costs arising from the operation of the Office in line with the duties prescribed in Section 10(4).”
Amendment 21, page 3, line 33, leave out subsection 78I.
This amendment would remove the power of the Office of Identity and Cultural Expression to establish the Government’s obligation to establish the Castlereagh Foundation (see Clause 8 of the Bill).
Clause stand part.
Amendment 8, in clause 2, page 4, line 22, leave out “have due regard to” and insert “comply with”.
This amendment would amend the duty on public authorities to one of compliance with best practice Irish language standards from one of due regard.
Amendment 27, page 5, line 18 at end insert—
“(4A) The Commissioner must comply with any directions (of a general or specific nature) given by the First Minister and deputy First Minister acting jointly as to the exercise of the Commissioner’s functions.”
This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.
Amendment 23, page 5, line 20, at end insert—
“(6) The Commissioner must exercise its functions under this Part in a manner that is reasonable, proportionate and practical, and which serves to promote mutual respect, good relations, understanding and reconciliation.”
This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.
Amendment 32, page 5, line 20, at end insert—
“(6) The First Minister and deputy First Minister acting jointly must annually assess and report on the costs arising from the role of the Commissioner in terms of—
(a) the operation of the Commissioner’s Office,
(b) the engagement and compliance of public authorities with the Commissioner, and
(c) any other costs.”
Amendment 9, page 5, line 28, leave out subsection (2).
This amendment would remove the requirement that best practice Irish language standards produced by the Irish Language Commissioner be subject to the approval of the First and deputy First Ministers.
Amendment 10, page 5, line 31, leave out “approved under subsection (2)” and insert “prepared under subsection (1)”.
This amendment is consequential on Amendment 9.
Amendment 24, page 5, line 37, at end insert—
“(c) ensure requirements placed on public authorities are reasonable, proportionate and practical.”
This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.
Amendment 11, page 6, line 20, leave out “have due regard to” and insert “comply with”.
This amendment would amend the duty on public authorities to one of compliance with best practice Irish language standards from one of due regard.
Amendment 16, page 7, line 27, after “means” insert
“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.
This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.
Amendment 12, page 7, line 29, after “(N.I.))” insert
“and any public authority under the Cabinet Office that provides public services in Northern Ireland”.
This amendment would ensure key UK wide services are included.
Clause 2 stand part.
Amendment 29, in clause 3, page 8, line 27, leave out “arts and literature” and insert “heritage and culture”.
This amendment would revise and expand the functions of the Commissioner for the Ulster Scots and Ulster British traditions provided in the Bill. The Commissioner would be responsible for developing the language, culture and heritage associated with these traditions, reflecting the body of established work and existing human rights law.
Amendment 30, page 9, line 6, leave out from “subsection (3)” to end of line 6 and insert
“so far as affecting Ulster Scots”.
This amendment restores the language used to address this commitment in the New Decade, New Approach agreement. The new wording is taken from the New Decade, New Approach agreement.
Amendment 25, page 9, line 25, at end insert—
“(5A) The Commissioner must exercise its functions under this Part in a manner that is reasonable, proportionate and practical, and which serves to promote mutual respect, good relations, understanding and reconciliation.”
This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.
Amendment 26, page 9, line 25 at end insert—
“(5A) The Commissioner must comply with any directions (of a general or specific nature) given by the First Minister and deputy First Minister acting jointly as to the exercise of the Commissioner’s functions.”
This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.
Amendment 1, page 9, line 31, at end insert—
“78SA Duty to have regard to published advice or guidance
(1) A public authority must, in providing services to the public or a section of the public in Northern Ireland, have due regard to any advice or guidance published pursuant to section 78S(2).
(2) A public authority must prepare and publish a plan setting out the steps it proposes to take to comply with the duty in subsection (1).
(3) A public authority—
(a) may revise and re-publish the plan if the authority considers it necessary or desirable to do so;
(b) must revise and re-publish the plan if relevant revised advice or guidance is published in accordance with section 78S(2).
(4) In preparing or revising a plan under this section, a public authority must consult the Commissioner.”
This amendment would place public authorities under a duty to have regard to advice, support and guidance issued by the Commissioner for the Ulster Scots and Ulster British traditions. It would also require authorities to prepare and publish a plan demonstrating how they will adhere to the duty. This mirrors the duty to have regard provision that applies to the Irish Language Commissioner giving expression to the need for public authorities to give expression to the parity of esteem principle in relation to both Commissioners.
Amendment 33, page 9, line 31, at end insert—
“(9) The First Minister and deputy First Minister acting jointly must annually assess and report on the costs arising from the role of the Commissioner in terms of—
(a) the operation of the Commissioner's Office
(b) the engagement and compliance of public authorities with the Commissioner
(c) any other costs.”
Amendment 2, page 9, line 34, leave out “facilitation”.
See explanatory statement for Amendment 5.
Amendment 3, page 10, line 17, leave out “facilitation”.
See explanatory statement for Amendment 5.
Amendment 4, page 10, line 20, leave out “facilitation”.
See explanatory statement for Amendment 5.
Amendment 5, page 10, leave out lines 24 to 27 and insert—
“(6) In this section “published guidance” means guidance published under section 78S(2)(b).”
This amendment would extend the grounds on which an individual can submit a complaint to the Commissioner for the Ulster Scots and Ulster British Traditions to cover the conduct of public authorities in relation to all the guidance issued by the Ulster Scots Ulster British Commissioner, as is already the case with respect to all the guidance issued by the Irish Language Commissioner. It would thus help restore/achieve the parity of esteem.
Amendment 17, page 10, line 29, after “means” insert
“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.
This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.
Clause 3 stand part.
Clause 4 stand part.
Clause 5 stand part.
Amendment 13, in clause 6, page 12, line 2, at end insert—
“(3A) In the case of the absence of compliance with regard to identity and language functions by a Northern Ireland Minister or Northern Ireland department, the Secretary of State must—
(a) act to appoint an Irish Language Commissioner within 30 days, in the case of the First Minister and deputy First Minister not acting jointly to appoint an Irish Language Commissioner as laid out in section 78J of the Northern Ireland Act 1998 (as inserted by section 2 of this Act) within 30 days of the legislation coming into force or a vacancy arising;
(b) act within 30 days to approve the best practice standards submitted by the Irish Language Commissioner with or without modifications, in the case of the First Minister and deputy First Minister not approving best practice standards submitted under section 78M of the Northern Ireland Act 1998 (as inserted by section 2 of this Act) within 30 days.”
These step-in powers for the Secretary of State include a timescale whereby a decision by him or her must be taken. With this amendment the Secretary of State must act within 30 days of progress being restrained.
Amendment 14, page 12, line 16, at end insert—
“(c) a function conferred by or under section 28D of the Northern Ireland Act 1998.”
This amendment seeks to permit the Secretary of State to intervene, reflecting the commitment given in New Decade New Approach. The Irish language strategy is not included under these functions and this amendment would amend the legislation to include the Irish language strategy as a function.
Clause 6 stand part.
Clause 7 stand part.
Amendment 22, in clause 8, page 13, line 9, leave out “may” and insert “must”.
This amendment would require the Government to establish the Castlereagh Foundation.
Amendment 18, page 13, line 21, at end insert–
“(2A) The Secretary of State must, within 3 months of the passing of this Act, publish a report on the establishment or funding of any body or organisation under subsection (1).
(2B) A report published under subsection (2A) must include details of the relevant body or organisation’s—
(a) membership or proposed membership;
(b) funding structure or proposed funding structure;
(c) functions, responsibilities and objectives;
(d) compliance with Article 1(v) of the British-Irish Agreement 1998; and,
(e) compliance with the National and Cultural Identity Principles.”
This amendment would require the Secretary of State to publish a report on the structure and functioning of the proposed Castlereagh Foundation.
Clause 8 stand part.
Amendment 20, in clause 9, page 14, line 30, leave out subsection (2) and insert—
“(2) Part 1 comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint subject to subsection (3).”
This amendment would remove the concurrent powers and powers of direction granted to the Secretary of State for Northern Ireland under Part 2 from the Bill.
Amendment 34, page 14, line 31, at end insert—
“(2A) Before Part 1 comes into force the Secretary of State must lay before Parliament a report assessing—
(a) the annual costs to the public purse of–
(i) the establishment and operation of each of the three bodies constituted under this Bill, and
(ii) the relevant public authorities engaging and having regard to the three offices, and
(b) how this spending allocation gives effect to the principle of the parity of esteem between the unionist and nationalist communities.”
The explanatory notes for this Bill only provide costings for the running costs of the three new offices. This amendment requires the Secretary of State to assess the costs to the public purse both from running the three new offices and for meeting the cost of public authorities engaging with and having regard to the three new offices.
Amendment 35, page 14, line 33, at end insert—
“(4) After the Bill comes into effect, the First Minister and deputy First Minister acting jointly must—
(a) publish an annual report comparing the total public monies spent in relation to—
(i) the Irish Language Commissioner under Section 2(6), and
(ii) the Ulster Scots Ulster British Commissioner under Section 3(5), and
(b) assess the costs associated with running the Office of Identity and Expression,
to ensure that the parity of esteem is respected in the spending between the unionist and nationalist communities.”
This amendment requires Ministers to annually compare the total public monies spent in relation to the Irish Language Commissioner and the Ulster Scots Ulster British Commissioner to ensure that parity of esteem is respected in the spending between the unionist and nationalist communities. It also requires them to assess the costs associated with the Office of Identity and Expression on the same basis.
Clause 9 stand part.
Clause 10 stand part.
Clause 11 stand part.
Government amendment 19.
Clause 12 stand part.
New clause 1—Duty in relation to the European Charter for Regional or Minority Languages—
“A public authority must, in carrying out functions relating to Northern Ireland, act compatibly with its obligations under the European Charter for Regional or Minority Languages.”
This new clause would oblige public authorities to comply with obligations accepted by the United Kingdom under the Council of Europe Charter for Regional or Minority Languages.
That schedule 1 be the First schedule to the Bill.
That schedule 2 be the Second schedule to the Bill.
That schedule 3 be the Third schedule to the Bill.
Go raibh maith agat, Dame Eleanor. I rise to discuss amendment 6, tabled in my name and those of my hon. Friends the Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry), as well as to speak about some of the other amendments we have tabled, including amendment 13, which we might seek your permission to press to a vote later. For the convenience of the Committee, I will comment on amendments tabled by others as well.
Amendments 6 and 7 to clause 1 clarify the issues with the clause and seek to move provisions on to a more rights-based footing. The amendments bring the Bill into line with international human rights standards and the drafted legislation worked on between the parties prior to New Decade, New Approach. The phrase in the Bill as drafted, without amendment, refers to the “sensitivities” of others, but unfortunately in Northern Ireland we know that there are people of various political hues who might be hostile to the cultural expression of others. The amendments seek to place these measures on a rights-based footing, because in the same way as there is no right not to be offended, there is not really a right for anyone not to have other people speak around them a language that they do not support.
Elsewhere in clause 1, the Social Democratic and Labour party also supports the Opposition’s amendment 15, which seeks to include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of a public body. We have concerns about amendments 28 and 31, which locate further powers and duties with the First Minister and Deputy First Minister, which I shall expand on later. We also do not support amendment 21, which would seek to remove the proposed Castlereagh Foundation from the architecture that we are creating through the Bill and would be a further departure from New Decade, New Approach.
On clause 2, I want to speak in favour of amendments 8 to 12, which we do not seek to push to a Division. Amendments 8 and 11 focus on amending the duty on public authorities to one of compliance with best practice standards rather than just due regard. We think that the duty should flow from the St Andrew’s agreement on language rights based on the experience of Wales, and the amendments would ensure that that was the case.
Just to clarify, I do not know how much the hon. Gentlemen are in touch with the voting public, but believe me, between the two of them, they are driving voters into the arms of Sinn Féin. Sinn Féin Members hardly need to turn up for the debate with all the platforming the hon. Gentlemen are giving them.
I am happy to platform Unionism and more than happy to voice the Unionist opinion, which comes clearly to me from my constituents in Strangford. At the end of the day, we will hear the Minister respond and probably be disappointed—we know what he is likely to say. However, I hope he will listen intently to what we have to say. We are looking for parity under the Bill, and we do not see that.
I will not retract what I have said. It is absolutely correct: you stood shoulder to shoulder during the time when the Executive were pulled down by Sinn Féin at the behest of its demands. The same political activists will adopt the same approach should they not be appeased again. Like many others, there is little faith in the Northern Ireland Office's ability to withstand such demands. That is a road to further instability and division in our Province.
Intertwined with this issue is the role of the First Minister and the Deputy First Minister, and in that context we have tabled amendments 26, 27 and 28. These amendments underline the importance of political accountability and consensual ministerial agreement in the exercise of the functions of the headline offices and bodies established by the Bill. The two commissioners and the director of the Office of Identity and Cultural Expression will ultimately be appointed by the First and Deputy First Ministers. Compliance with guidance or directions mutually agreed by those Ministers must therefore be a defining feature of their operation. We would point out that the wording “must comply” is drawn word for word from the three draft Bills published in the aftermath of “New Decade, New Approach”. The existing drafting in this Bill reneges on that provision, emphasising the power to direct rather than the duty to comply.
There is an urgent need to place consensus working and cross-community protections at the heart of our politics. That is the key to the parity of esteem that all parties claim to value and cherish. As I have said before, it is ignored in the Bill, and the Government have the opportunity to address that.
Amendment 1 and amendments 2 to 5 address the duty to have regard to Ulster Scots guidance, and the current imbalance in the enforceability and robustness of the functions of the commissioner for the Ulster British Ulster Scots tradition in comparison with those specified in the Bill empowering the Irish language commissioner. The amendments, if accepted, would extend the grounds on which a complaint can be brought to the commissioner for the Ulster Scots and Ulster British tradition to cover the conduct of public authorities in relation to all the guidance that they issue. Importantly, it would deliver parity of esteem by applying a due-regard duty for advice and guidance to the Ulster British Ulster Scots commissioner comparable with that which applies to the Irish language commissioner. The Bill, as currently drafted, creates an office for Ulster British Ulster Scots in which the commissioner can be ignored. With no binding duty or incentive for public bodies to adhere to recommendations from the commissioner, the likely impact of such a commissioner is seriously restricted. To the Unionist community, such a toothless tiger is not acceptable. We will not be bought off with the image of a commissioner with the substance of a ghost.
It is window dressing to expand the scope of the Ulster Scots commissioner to arts and literature but not to include guidance issued in those areas as eligible for the purposes of complaints. Limiting the scope to language is not fair or balanced. It has always been recognised that in order for the Unionist community to be afforded a commissioner who is of equal value to it as the Irish language commissioner is to the nationalist community, it must have a broader focus than language, because the development of bilingual service provision in Ulster Scots has never been a priority for Unionists. If adding arts and literature to the scope of the commissioner was deemed necessary by the Government to offset the risk of the added value for Irish language trumping Ulster Scots, it follows that the parameters of the complaint’s mechanism should also be extended.
Amendments 21 and 22 seek to right a failure in the Bill as drafted relating to the Castlereagh Foundation. The amendments tabled by my party colleagues in the other place would have required the Secretary of State to take action and establish the foundation. The eventual provisions to be enacted are ambiguous and provide an escape clause for the Government to farm out the function to an outside body without a clear explanation.
Throughout my comments, I have cited instances in which there is a departure from NDNA, and we see this once again in relation to the Castlereagh Foundation. The NDNA obligation on the Government to fund the foundation is precisely that: an obligation on the Government. We do not believe it would be appropriate to vest this power on the Office of Identity and Cultural Expression irrespective of whether it is deemed an operationally independent branch. Moreover, the change ushered in by the Lords does not go far enough in respect of funding and establishment. It is not appropriate for clause 8 to rest as merely a permissive power which the Secretary of State may or may not use.
Let me now deal with our amendments relating to cost to the public purse. Amendments 31 to 35—again, in the names of my colleagues and me—address the fact that there is currently no mechanism in the Bill to ensure transparency and accountability with regard to public spending on each of the bodies and officers established. It would be wholly wrong for one office to run at a disproportionate cost to the other in fulfilling its duties. The existence of such a mechanism is therefore vital to ensuring parity of esteem between the various traditions.
An indicative £9 million is stipulated in the explanatory notes in relation to the establishment and operation of the two commissioners and the Office of Identity and Cultural Expression. However, there is no equivalent assessment of the likely financial implications for public authorities of having to give due regard to Irish language best practice standards and respond to advice on Ulster Scots. This is alarming: it is alarming for councils, who are looking at double-digit rate rises on hard-pressed householders; it is alarming for housing associations and our Housing Executive, who have record waiting lists and a homelessness epidemic to address; and it is alarming for our health trusts, who face unprecedented pressures.
(2 years, 2 months ago)
Commons ChamberI want, like others, formally to convey our condolences to and our solidarity with the people of Creeslough after the unimaginable tragedy that struck them on Friday. I know that the very sincere words from the Prime Minister, the Leader of the Opposition and the King have been warmly received and felt by every community across the island. Ar dheis Dé go raibh a n-anamacha.
I would like to speak about this important—overdue, but welcome—legislation. It has been a long road to get here at length, but credit is due to the lovers of the language throughout the decades for their persistence and to those who did campaign for this legislation. Is fearr go mall ná go deo—it is better late than never.
I am glad to follow the hon. Member for Belfast East (Gavin Robinson)—I am sure he would like to clarify that other beers are available—who made a thoughtful contribution. If that is his party’s position, it will be easier to engage with, because there are good provisions in the Bill and, crucially, these are provisions that the DUP agreed to in New Decade, New Approach.
The Bill provides for an Office of Identity and Cultural Expression for both Irish and Ulster Scots, with the aim of promoting pluralism and respect for diversity and shared cultural and linguistic heritage. It guarantees no diminution of the status of the English language, and yes, it does repeal the Administration of Justice (Language) Act (Ireland) 1737. It provides for commissioner oversight to promote and ensure best practice in the use of language by public bodies.
Just for clarity, Members will be aware of the Social Democratic and Labour party’s approach to public bodies and public buildings. We believe in levelling up—to borrow a phrase of the time—on identity. We do not believe in expunging the shared history of this place, but it is just a fact that in many public buildings there will be no markers of identity for people of an Irish tradition, women, the LGBT community or trade unions. Buildings have been very much of a single identity for many generations, and it is appropriate that they will change. However, we stand by our shared history and seek to protect it, and this Bill will not undermine that.
We hope that this Bill will normalise and mainstream, and that it will remove a lot of the poisonous party politics that has thwarted the language. Language has of course been political on the island of Ireland for many hundreds of years. Unfortunately, party politicisation has not improved—in fact, it has deepened in recent years—and the SDLP is hopeful that this Bill will take the business of promoting and protecting language and culture out of such everyday thwarting and weaponisation. However, we do have very serious concerns about re-embedding it in the Executive Office, which over the last decade and more has become a place of veto and deadlock, where good ideas in Northern Ireland have been going to die. We will be seeking, by amendment, to address that to prevent delay and language provision being held hostage in future years.
Those provisions have to be put into legislation because of the commitment to protect language, on which there has been dither, delay and denial for decades of devolution. It is also correct that this should absolutely be done on the Floor of the Assembly. We would all wish that to be the case, but it is also important to note that the Northern Ireland Assembly, to the best of my knowledge, has never delivered a piece of equality legislation.
Those who think that they are holding some imaginary line by undermining equality provisions should be aware that they are doing the opposite of what they think they are doing. They are making many people believe that the rights, lives and opportunities that they want are not available to them under devolution in the United Kingdom. Níor bhris focal maith fiacail riamh—a good word never broke a tooth—so I think it is appropriate that people find it within themselves to be positive about these provisions.
I would be delighted to do so—I would use my Ulster Scots and say, “Houl yer whisht, Jeffrey,” but I will let you speak.
Well, I will try not to be thran about it.
I welcome the approach that the hon. Lady is taking. In her, I see someone who lives the Irish language, who values it and sees it as an important part of her culture and identity, and I have no difficulty with that. She spoke about the importance of words. Does she agree with me—and I quote the words of Danny Morrison, the former publicity director for Sinn Féin—that every word spoken in Irish is
“another bullet…fired in the struggle for Irish freedom”?
It is that kind of use of the language as a political weapon that causes concern. I am not for a moment suggesting that the hon. Lady is guilty of that in any way, but does she agree that we need to move beyond that and get away from politicisation? Language is a means of communication. It should not be used as a political weapon.
I will come on to address exactly that politicisation, but it is also about the collective punishment that is applied to children learning Irish in the nursery school. Of course the right hon. Member knows that I would not support language like that, but neither do I damn all protection of Ulster Scots and Ulster British identity because of some words of Ulster Scots or Irish that may appear on a loyalist mural or drum. That is why we need those protections, so that people cannot deny everyday provisions because of the perceptions that they have. I should be delighted to come on to that, and I want to discuss how we build up the confidence of everyone in these cultural provisions by implementing things that were agreed many years ago and which could take some of the heat, poison and damage out of everyday politics.
A fair and wise point was made earlier about the need for things such as a sign language Act as well. It is a fact that the stop-start stand-off culture in which the Assembly has been bogged down over recent decades has damaged the wider rights and entitlements of everyone in Northern Ireland to decent public services and economic opportunities. Those who have withdrawn governance, in this stand-off or the previous one, which was ostensibly over the Irish language, are doing far more to undermine rights and entitlements than a Bill such as this will ever do.
The measure is far from perfect, and it has been a long time coming. I would like to mention two of my Gaelgóirí colleagues, Patsy McGlone and Dominic Bradley, who tried to bring forward private Members’ legislation in 2008 and 2016, before it was introduced. At least we are on the path now, even if it falls short of what was promised at St Andrews—an Irish language Act based on the experience of Wales and the Republic of Ireland. This legislation is not that, and it is fair to say that it is very far from radical. Language in the Republic of Ireland and Wales thrives in part because it is underpinned and financed by a strategy to focus on promotion, because those nations have been able to proceed without the toxification that language and identity have experienced in our region. I really, really regret that language has become zero sum—if they win this, we lose this—like a lot of other things in our region. That is not unique to Northern Ireland or the Irish language, but we all have to work to counter it.
It was key during the negotiation that neither of the commissioners had the right to promote, and the hon. Member’s party and others—including the DUP—were correct in ensuring that promotion was nowhere near the focus of the Bill.
The right hon. Member is right to clarify that, but we do need a promotion strategy. As someone with an interest in the language and who is inspired when I hear names and place names, if I want to read a council’s accounts, I go and do it as Béarla—I will read it in the English. The promotion is what will allow the language to be transmitted and to thrive, and the Bill is not as expansive as many people would wish it to be.
I want to address the point made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). I really regret the suspicion of Irish by many Unionists, but I do not pretend not to understand the roots of it. Some of that is just about the experience that we have all had in our lives. Few state schools, which the majority of Protestant, Unionist and loyalist children would attend, promote Irish, and trips to the Republic, where Irish-language signs are normal, were not as commonplace. They probably did not spend their summers learning Irish in Rann na Feirste or Machaire Rabhartaigh, as I and friends of mine did. I therefore appreciate that some of it is about cultural experience; that in many cases people perceive Irish language as something to be used for a buttressing phrase in a political contribution; and that some perceive it as a manifestation of aggressive Irish nationalism, but that is not what it is to so many speakers.
Yes, no doubt there has been weaponisation in the past, but some of that is about the failure of political parties over decades to internalise and sell the concept of parity of esteem where it applies to culture, and to tar and tarnish an entire community of people because of the phraseology of others. The reality of the long war and the long peace that we have had is that “their” and “our” cultural archetypes are reinforced all the time with all the decades of suspicion and baggage that many people have. But we have an opportunity, through legislation such as this and more, to fly by those nets, particularly to a generation for whom “us” and “them” does not mean as much as “all of us.”
As the right hon. Member said, we can make language about the richness of communication and heritage and not about an identity marker. That is why so many take such inspiration from the work of Linda Ervine and Turas—Irish for “Journey”—the project that she set up with the east Belfast mission of the Methodist Church. Linda has not changed who she is—she has not changed her identity or her aspirations—but she is connecting many hundreds of people from a Protestant background with their own history and the Irish language. She received an MBE from Her Majesty the Queen for her efforts in that work, where she has taken such a mature approach to these issues. Her views on Irish, like Ulster Scots, are rooted in a real understanding of the entwined nature of nationalist and Unionist history. She said:
“I believe that the people of Northern Ireland have a rich cultural identity, a mixture of native Irish and of the many peoples who made Ireland their home. This rich ancestry influenced our surnames, our place names and our everyday language. Our vernacular of hiberno English reflects this mixed identity. We are native…speakers whose English is littered with beautiful Scots and Gaelic words. The syntax of our speech reflects that of Gaelic. As a people, we are culturally rich, yet instead of embracing that wonderful cultural mix, we separate it into narrow divisive boxes and deny ourselves.”
Many of us should take on board her approach to language and many other things.
I also acknowledge the work of people such as the much-missed Aodán Mac Poilín, who was the director of the Ultach Trust, a cross-community language promotion agency, and an inspiration to me as a late learner of Irish, which I picked up in adulthood. His posthumously published collection of essays, “Our Tangled Speech”, is one of the most nuanced and perceptive books that I have ever read on Northern Irish politics and culture. He argued that to get the sustainable transmission of language, it needs to be embedded in public bodies and have the support of Government and other interest groups. He was also clear about the need to shift our attitudes and learn from our past. He had theories about how nationalists and Unionists have believed each other’s propaganda over the years and found themselves reacting to both the position that they think is being ascribed to them and their opponent’s ideological position, which he believed was why our debate has often got so extreme. He always perceived the Irish language to have been a victim of that. I think the argument put forward by the hon. Member for Belfast East (Gavin Robinson) would probably concur with a lot of that analysis
I also want to mention the work of the recently deceased Dr Roger Blaney, whose work “Presbyterians and the Irish Language” was a revelation to many people about the work done by so many of that denomination in Belfast to preserve and protect the language because it was at its most vulnerable. It is a matter of fact and the politics that the rights component of language has been a product of the withholding of support. Many Gaeilgeoirs I know over the years were not as bought into the concept of an Irish language Act as they were into that of promotion and the living language. It is a fact that what are seen as small-minded approaches to language and the cancellation of programmes has made people believe that it needs promotion. Organically, the community of Irish speakers is growing in number and in breadth and that is a win for all of us.
We believe that this Bill will help to grow that wider embracing of language. Ar scáth a chéile a mhaireann na daoine—it is in each other’s shadows that we grow. We are better when we all work together, and I hope that that is something that Members will keep in mind when we vote on the Bill.