Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Colum Eastwood Excerpts

Report stage & 3rd reading
Tuesday 26th October 2021 Commons Chamber

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

Thank you, Madam Deputy Speaker.

I commend the debate and the discussion about the First Minister’s titles and many of the other issues raised by the hon. Member for North Down (Stephen Farry). I am particularly sympathetic about the commencement date. However, I do not believe that this is the right place or the right Bill for many of the other amendments. Even more importantly, they risk the House losing focus on the important issue at hand: the need to implement the clauses in the Bill that assert the continuation of the Executive, with Ministers in caretaker roles, should a First or Deputy First Minister exit power sharing. A number of witnesses in Committee raised the importance of those clauses.

The sustainability clauses were a key part of last year’s New Decade, New Approach agreement and they have not yet been implemented. On Second Reading, in July, my right hon. Friend the Member for Forest of Dean (Mr Harper) highlighted the fact that the Government were already looking tardy. The sustainability clauses were agreed in order to avoid what happened in 2017, which led to three years of no Government in Northern Ireland. Even when the Bill progresses to the other place, I fear that there will be timetabling delays. As we heard, the Bill also has a two-month commencement date, so it will not be implemented for several months.

That is important because, should a First or Deputy First Minister leave office, only two weeks are provided to fill the slots. There is then a duty on the Secretary of State to call an election, but history shows that the election is often not called immediately and Northern Ireland is left ungoverned. The Bill will stop the political parties from thinking that there is an emergency escape hatch when things become politically difficult and will provide for up to 24 weeks to resolve things.

Currently, a number of issues could tempt political parties to use that escape hatch: the protocol, the cultural package, the UK Government’s putative changes to the Human Rights Act 1998, and the legacy proposals. A cocktail of issues are being injected, sometimes recklessly, into the fragile ecosystem of Northern Ireland. In that context, there is a clear and present danger of one Northern Ireland party or more diving for the emergency escape hatch. The Bill will slam shut that cop-out option.

The first clauses of the Bill are designed to put the ball back in the court of any party that seeks to exit the Executive and to shine the spotlight on each political party in Northern Ireland to restore government. Otherwise, the ball comes back into the UK Government’s court. The vast majority of NI citizens want continued devolved government. Yes, there are arguments for change and reforms at the right time, such as new clause 3, but the big issue today is why the Bill has not yet been implemented. More importantly, this House must be clear that the Bill needs to be implemented now.

The practical measures that will allow continued government—now 18 months late—will ensure that Northern Ireland business and citizens get the stability they crave. I therefore urge the Government to get the Bill to the Lords quickly, to remove the two-month commencement date and to ensure that they get behind keeping the pressure on all parties to maintain devolved government and maintaining the Good Friday agreement in all its parts.

[Colum Eastwood (Foyle) (SDLP)]

First, I welcome many of the provisions in the Bill. As the previous speaker, the right hon. Member for Skipton and Ripon (Julian Smith), knows well, we had many long hours in the three-year hiatus of the Northern Ireland Assembly discussing a lot of this stuff, but it is deeply depressing that 23 years after the Good Friday agreement we are meeting today to find ways to stop political parties pulling the whole show apart.

The political context is that, a few years ago, Sinn Féin pulled the Assembly down for three full years—waiting lists got longer, schools began to crumble, the economy was not dealt with. Even as we stand here today, the DUP is threatening to bring down the very edifice of government in Northern Ireland. If it does not gets its way, it will pull down the Assembly. It has already withdrawn from a key tenet of the Good Friday agreement, which is north-south co-operation. What does that say to the people out there who are languishing on waiting lists? Is it that the DUP’s little niche issues are more important than dealing with the day-to-day, bread-and-butter problems that people face? It is a terrible indictment of our politics that we are even here discussing this.

I will speak to some of the amendments, in particular those on how the First and Deputy First Ministers are elected and appointed, what those offices do and what they are called. My view is that they have always been joint offices: the Deputy First Minister cannot send a letter without the First Minister saying it is okay; the First Minister cannot answer a question without the Deputy First Minister saying it is okay; and many decisions cannot be made without agreement between the two. Decisions are very infrequently made, it seems, because they do not seem to agree on an awful lot.

What is really concerning, all these years after the Good Friday agreement, is that as of today, none of the Unionist parties has told us what they would do if a nationalist gets enough votes to occupy the First Minister’s position. They are refusing to tell us whether they would even serve in that Government. Well, it is not 1968 anymore, and nationalists will no longer be treated as second-class citizens. People have marched in the streets and been beaten off the streets so that our votes could count just as much as anyone else’s. If Unionist politicians want to come along and lecture anybody about the sustainability of institutions and working together, they must seriously consider their answer the next time they are asked whether they would serve as Deputy First Minister if a nationalist becomes First Minister.

In reality—we have seen this before with the Justice Minister—because of a cosy agreement between a big nationalist party and the DUP, a nationalist is still not allowed to serve in the Department of Justice. In fact it is a joint office, which is why new clause 3 has been tabled, and it is about time we looked at that reality. From listening to some of the big radio shows in Northern Ireland and watching the television news, it is clear that over the next six months in the run-up to this election—if we are allowed to have an election—we will be faced with constant arguing: “Who will be First Minister and who will be Deputy First Minister? You have to come out to vote to stop these people becoming First Minister.” Even though we have had that for 20 years, the DUP still go into government with them. DUP Members used to say, “We can’t have Martin McGuinness as First Minister. He was a terrorist”, but then they went into government with him, occupied that very same office, and worked with him every day.

Let us, please, get rid of the constant division and debate about who is First Minister and who is Deputy First Minister. I sense we will not get there today, but there is an opportunity, which I ask the Government to consider, to look at new clause 3 and think seriously about how we resolve this issue. The job of the British and Irish Governments in our peace process is to see problems before they arise, and a blind man on a galloping horse can see what is coming round the corner if we do not resolve this issue now.

It suits the DUP and Sinn Féin to have constant debate about what they call each other, because then we are not dealing with the real issues. Our health service is on the point of collapse, 100 times more people are on out-patient waiting lists in Northern Ireland than they are in England, 29% of our children are living in poverty, but there is still no antipoverty strategy because they could not agree it. My constituency has the highest level of unemployment and economic inactivity anywhere across these islands, and we still do not have the 10,000 students on the Magee university campus who were promised and negotiated by me and the former Secretary of State for Northern Ireland during those NDNA discussions.

The legacy of the DUP and Sinn Féin’s 15 years in government has been failure, failure and more failure, and they want this argument. Everybody knows that. The Government know it, we know it, the Irish Government know it, and everybody in the House knows it: they want this argument so that they can get away in the smoke for not actually delivering for people. I implore the Government to think seriously about the best way to address this issue. There are a number of good ideas in the new clause, and the best way would be to get rid of the nonsense and pretence that the First Minister is more important than the Deputy First Minister. They are joint First Ministers, so let us begin properly to call them that.

In conclusion, it is a bit rich for the Government to be telling anybody about sustainability in Northern Ireland, when everything they do in Northern Ireland undermines sustainability and the stability of our institutions. That includes how they dealt with the European Union and the DUP, and what they told them about the protocol—apparently there was never going to be a border anywhere. Well, there is one now, and if we were more honest with people we would be in a much better situation.

The NDNA agreement also mentioned 90 days for implementing legacy legislation, but where has that gone? The five parties in Northern Ireland, and every victims’ group, opposes the Government’s proposals on legacy, yet they seem determined to push that forward. We are still waiting—perhaps today is the opportunity—for the Government to tell us when Irish language and culture legislation will be brought to the House, as agreed at NDNA. There is an opportunity to stop the crisis that we are looking at down the barrel—it is clear it is coming—and for the Government to step in and do something, before we end up with another three years of collapse, when more people will be languishing on waiting lists.

[Simon Hoare (North Dorset) (Con)]

Let me echo what my right hon. Friend the Member for Skipton and Ripon (Julian Smith) said about the need for speed to get this legislation through, which I urge on my right hon. Friends on the Front Bench, and hopefully on business managers in the other place. This Bill has dawdled for too long. I agree very much with the vast majority of what the hon. Member for Foyle (Colum Eastwood) had to say, and I shall come back to that point in a moment. [Interruption.] It is not “surprise, surprise”, and I say to the hon. Member for Upper Bann (Carla Lockhart) that when somebody speaks sense, one should usually notice and acknowledge it.

--- Later in debate ---

[Simon Hoare]

I agree entirely with the hon. Gentleman, who serves with me on the Northern Ireland Affairs Committee. Thank heavens this is not being dealt with as emergency legislation and rushed through in a 12-hour sitting, but once again it speaks of dealing with Northern Ireland as something other, or as something different, and with a set of circumstances and rules that none of us would find tolerable in England and my constituency of North Dorset, or in Wales or Scotland. The hon. Gentleman makes a valid point that we should all be conscious of.

[Colum Eastwood]

I remember going through these negotiations with some of the people who are now in the Chamber. In reality—perhaps the hon. Gentleman will agree with this—it was DUP Members who pushed hardest for long periods to try to resolve some of these issues. They were responding to the issue that Sinn Féin had collapsed the institutions last time around. Of course, this time they are the ones threatening to do that, but that was largely the DUP position, and it is strange to hear the hon. Member for North Antrim (Ian Paisley) now opposing it.

[Simon Hoare]

All I will say to the hon. Gentleman is that I was not privy to those discussions, but we are where we are. We must realise that things have clearly moved on. The operation and reform of the protocol is sitting here like an elephant in the Chamber, but it speaks to my point that the workable delivery of devolution should not be used as a plaything for other issues.

That takes me to the point that the hon. Member for North Down made about democracy. We cannot have a functioning democracy in these islands that is effectively based on the Henry Ford model of selling a car. Henry Ford used to say, “You can have any colour as long as it’s black.” We cannot say, “You can have as many elections as you like as long as I turn out as the winner. If I don’t—if the public have spoken and I haven’t been successful—I won’t accept the result. I will tear the edifice down,” in some sort of democratic political toddler’s temper tantrum. That is not how we do it. Democracy only works when all of us who win take up the weight of winning with responsibility and those who lose accept that they have lost and somebody else has won. If people do not abide by that simple equation, that is not democracy, and that should cause us all considerable concern.

My final point, echoing what the hon. Member for North Down said, is that in the system that we have for sorting these things out, the language that is used—“Unionist”, “nationalist” and “other”—may be past its sell-by date. It hard-bakes into the language and the systems a previous age. It does not reflect Northern Ireland as it is today. This is not the time for it, but I agree with the hon. Gentleman that at some point in the not-too-distant future, serious, considered, sober thought needs to be given to how these issues are addressed in order to present Northern Ireland to the rest of the world, and to the rest of the United Kingdom, as it is today and not as it was 20 years ago, or 40 or 50 years ago. We need a contemporary review of that in order to ensure that it is fit for purpose.

My cri de coeur is for all parties to understand that devolution, and its delivery of public service and improvement of life for those who live in Northern Ireland, is not something to be taken lightly. It is not a plaything to be kicked around for cheap party political points.

--- Later in debate ---

[Carla Lockhart (Upper Bann) (DUP)]

Like other Members on both sides of the House, I desire a stable Stormont and a Stormont that offers good government to the people of Northern Ireland. Indeed, I am sure everyone who is present today shares that desire.

When the institutions were torn down by Sinn Féin in early 2017, 1 was a Member of the Northern Ireland Assembly. The new Assembly had embarked on a fresh mandate with many promises to tackle the huge waiting lists, but unfortunately Sinn Féin, for the sake of its own selfish, narrow political agenda, shattered the hopes of that Assembly, and they were extinguished. Three years followed that have seen our public services degenerate. The legacy of Martin McGuiness’s resignation is seen to this day: longer waiting lists, a health service that is stretched beyond its limits, a social housing crisis, a roads infrastructure that is crumbling, missed investment opportunities for job creation, and other public services held back.

Of course, for those three years the Government did nothing to face down the petulant, self-serving actions of Sinn Féin, which is deeply regrettable. A kid-glove approach was adopted when it came to confronting Sinn Féin and its reckless actions, and sadly we remain under this threat, for we know that the Government have stated that if the cultural package contained in “New Decade, New Approach” is not delivered to Sinn Féin’s timetable, it will be brought through in this place.

Let me urge the Government to exercise extreme caution in this regard. If they are serious about letting elected representatives govern Northern Ireland, it simply cannot continue to be the case that when agreement cannot be reached or takes longer than one party may wish—and the established trend is that the party jumped to is Sinn Féin—the Government take the powers back to this place. That is the recipe for instability, and it is also the fuel that fires the growing disenchantment and disillusionment in the Unionist community with the whole Stormont edifice.

The Secretary of State knows of the deep hurt many people felt in Northern Ireland when the Government chose to intervene in the provision of abortion. A matter that was so profound to so many people, and on which agreement could well have been reached given time and space, was brought back to this place to placate the pro-abortion lobby and the pro-abortion parties for whom these services could not be delivered quickly enough.

This pick-and-choose devolution settlement only leads to discontent and disillusionment. It makes people ask what is the point of devolution if the Government intervene when the agenda of some must be satisfied. We can strengthen the legislative framework to make the institutions more stable through this Bill, but the greatest threat of instability to the institutions comes from a people that sees no point in them.

In this context, the necessity is for the Government to act to resolve the widespread community concern about the Northern Ireland protocol. Time is moving on, and the patience of this party and the people is not without limit; indeed, it is stretched to breaking point right now. Promises of progress, of conclusions in weeks, are just talk. Let us see the action that is needed to ensure that political stability is restored to Northern Ireland and the damaging impact of this disastrous protocol for all the people of Northern Ireland is consigned to the past.

[Colum Eastwood]

I entirely agree with what the hon. Lady said about the fact that Sinn Féin should never have pulled the Assembly down, and about the implications of that for our health service and our public sector in general. Now she has moved on to the threat from the Democratic Unionist party over the protocol. If she does not believe that any political party should threaten the institutions of the Good Friday agreement and the outworking of that, which is good government and good public services, will she speak to her party leader and ask him to withdraw his threat to those institutions?

[Carla Lockhart]

The hon. Gentleman will know that the protocol is damaging everyone within Northern Ireland, both economically and constitutionally, and I would ask him to go and speak to the businesses that are being impacted on a daily basis by the protocol. It certainly undermines the delicate balances of the agreement.

I have listened to the remarks from the hon. Members for North Down (Stephen Farry) and for Foyle (Colum Eastwood), and I am sure that I am not alone in finding it somewhat ironic that those parties that hold the Belfast agreement as some form of religious text have sought so hard to change some of its underpinning elements. We see this in the attempts to change the appointment of the First Minister and Deputy First Minister and to change community designation, and in the quest to reform the petition of concern mechanisms, all of which were created and championed by those who now wish to do away with the old and bring in the new for their own political advantage. We in Northern Ireland are well used to the hypocrisy and double standards of the Alliance party and the SDLP, which are there for all to see in their amendments today.

--- Later in debate ---

[Ian Paisley]

Of course, this is not the first time that Social Democratic and Labour party Members have opposed the Belfast agreement and called for changes when it suits them. The previous Member for Foyle talked about the “ugly scaffolding” that surrounded the Belfast agreement—

[Colum Eastwood]

Maybe the hon. Member will give way to me, will he?

[Ian Paisley]

Of course, the “ugly scaffolding”—

[Colum Eastwood]

No? Do you want to give way?

[Ian Paisley]

I will in a moment.

[Colum Eastwood]

Good man.

[Ian Paisley]

I am never frightened to give way, while others are, and the Member knows that, so he should not worry about that. I will give way in a moment. The SDLP Members are getting particularly ratty now, because some of the points that have been made are being put back to them—that they are supporting an inherently flawed agreement. Many in Northern Ireland want to get to normal, democratic politics. One reason why we have the problems that have been highlighted today and why we have the problems that necessitate the Bill is that we do not have fundamentally democratic institutions in operation in Northern Ireland. I would love to see those institutions come into place.

Some of the amendments that have been tabled are about keeping in place and reinforcing the sectarian nature of the agreements. For example, we are told that the petition of concern is there to protect minorities, and that provided that that minority is a nationalist minority, that petition of concern should be retained, but whenever some people believe that at some point in future it may be a Unionist minority, the petition of concern better be done away with pretty quickly, because we would not want that Unionist minority on the island of Ireland having protections and rights. That is not lost on many people outside this House.

Does the hon. Member for Foyle (Colum Eastwood) still want to intervene?

[Colum Eastwood]

I would love to—if I can remember the hon. Member’s point. I thank him for giving way. On his point about the former Member for Foyle, of course, he negotiated the Good Friday agreement when the hon. Gentleman and his party were standing outside with placards, shouting and cheering. By the way, they were shouted down by the people of Ireland and the people of Northern Ireland, who voted massively in favour of the Good Friday agreement. Of course, the hon. Gentleman’s party has been implementing the Good Friday agreement ever since it did the thing at St Andrews. You talked about the petition of concern—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I did not talk about anything. Has the hon. Gentleman finished?

[Colum Eastwood]

indicated assent.

[Ian Paisley]

I think the point is not lost on anyone watching that the Member has lost.

Let me turn to some of the issues that have been raised. People have talked today about threats to the institutions—threats that they might be brought down by the Democratic Unionist party. Of course, when the Justice Minister made it clear on Radio Ulster that she did not find it comfortable being in the Northern Ireland Executive and might leave it, that was not characterised as a threat to the institution. It is amazing that when one does one thing, it is characterised in one way, but if anyone else from a different tradition indicates their concerns about the institutions, it is suddenly characterised as a threat to democracy and to the process, when it is no such thing. The fact of the matter is that the Unionist people of Northern Ireland have rights and expect their Unionist politicians to defend those rights, and we will defend their rights. No matter what the cost and no matter what the price, those rights will be defended, come what may.

The current hon. Member for Foyle made the point that the Justice Minister could not be someone from the nationalist tradition. I would make the point, which is not lost on anyone, that the last time there was a Unionist Justice Minister was in 1971—

[Ian Paisley]

Unionists are not allowed—[Interruption.] Well, David Ford, I do not think he was—

[Colum Eastwood]

Claire Sugden is a Unionist.

[Ian Paisley]

She is an independent. There was no one brought from the main Unionist party into the Justice Department, because the nationalist parties would object to that and not allow it to take place. It is very clear to all those who see that what suits one party at one time will only be used provided that it does not encourage or support the Unionist tradition. That is why there are many objections.

People from Northern Ireland will look on at this—I will use the phrase fiddling while Rome burns. Some people may think that more attractive than others do, but I certainly do not. Many people know that a torpedo has been fired at the Northern Ireland institutions and it is outside the control of the Unionist parties and nationalist parties operating in the Assembly, and that torpedo is, of course, the Northern Ireland protocol. Until and unless the Government in this place resolve themselves to do what they said in their Command Paper in July this year, that torpedo will eventually hole those institutions below the line. When that happens, no amount of hand-wringing in this place and no amount of declaring one’s dying loyalty to whatever interpretation of the Belfast agreement people feel they wish to support will salvage those institutions.

I urge the Government to move immediately—now—and to do what they should have done by invoking article 16 of the protocol and resolving that issue once and for all. Otherwise, we will continue to have the cherry-picking that we have seen in this place, with one party wanting the language provisions, another party wanting to address the issues to do with abortions and another party then wanting something else. That will go on in an infernal circle for all to see. I encourage the Government to move on that protocol, and to move immediately.