Northern Ireland (Executive Formation) Bill

Conor McGinn Excerpts

2nd reading: House of Commons
Monday 8th July 2019 Commons Chamber

[Conor McGinn (St Helens North) (Lab)]

It is a pleasure to follow my neighbour from the north-west of England, the hon. Member for Congleton (Fiona Bruce). I do not intend to detain the House for long, not because I do not have a lot to say, but because I hope that I will get the chance to say it tomorrow if my amendment is selected and I am lucky enough to catch the Chair’s eye.

Today, two friends and colleagues—my hon. Friends the Members for Vauxhall (Kate Hoey) and for Ealing North (Stephen Pound)—announced that they will not be standing at the next election. I hope we have the chance to pay further tributes to them, but given that we are discussing Northern Ireland business, I will do so now. For many years, they have both shown passion for and commitment to Northern Ireland and raised issues about it consistently in the House. On a personal level, ever since my very early years of political activism in the Labour party, they have both strongly supported me and given me very wise counsel—often conflicting counsel, but wise none the less. I have retained a letter from my hon. Friend the Member for Ealing North rejecting me for a job in his office as his parliamentary assistant, but he was kind enough to say that it was because I was over-qualified for the job.

I am afraid that I have to adopt a somewhat more negative tone when talking about the Government’s approach to this business. I commend the Leader of the House for making good on his promise that we would get more time to debate these issues, but quite frankly, as they say in my erstwhile part of the world—South Armagh—the Government were trying to pull a stroke, and they got caught. They were trying to force this legislation through the House in a matter of hours, to avoid any debate or discussion on the numerous issues listed by the hon. Member for Lewes (Maria Caulfield), and particularly to avoid the possibility of amendments on what Democratic Unionist party Members understandably say are more contentious issues, but which none the less are being debated and discussed widely among the community in Northern Ireland.

[Lady Hermon]

I am grateful to the hon. Gentleman for allowing me to intervene. I have received dozens and dozens of emails from constituents and those who are not constituents urging the House to respect the devolution settlement. Since it was the Labour party, led by Tony Blair as Prime Minister, which led to the successful conclusion of the Good Friday/Belfast agreement and put in place the devolution settlement, how do the hon. Gentleman and his colleagues feel that this House is showing respect for the devolution settlement in Northern Ireland by tabling their amendments?

[Conor McGinn]

I thank the hon. Lady for her intervention. If she will allow me, I will come back to that later in my remarks.

I want to, perhaps unusually, issue a defence of politicians in Northern Ireland. In particular, we should recognise the commitment that has been shown by Members in this place—I know that the hon. Members for Belfast East (Gavin Robinson) and for Belfast South (Emma Little Pengelly) and the right hon. Member for Belfast North (Nigel Dodds) have been involved in the talks—to meet their responsibilities here, but also to be intensively involved in negotiations in Belfast.

I know lots of politicians in Northern Ireland who represent the many different political parties there. I am yet to meet one who does not want to do a good job. I am yet to meet one who does not care about the people they represent. When people say, “They should just get on with it and come to an agreement,” it reminds me of people in my constituency who say to me, “We should just get on with Brexit.” Actually, what they want is for us to get on with their version of Brexit, and that is similar to the negotiations in Northern Ireland.

I understand that people are frustrated; that is one reason why I tabled the amendment. But to say, “Just get on with it” does not take into account the fact that what politicians in Northern Ireland are trying to find agreement and a common way forward on are issues that have been intrinsic to the terrible conflict we had and, indeed, over many centuries of Irish history. They are not easy to resolve. Of course, compromise will need to be found, but 20 years on from the Good Friday agreement, these are essentially the most difficult issues that we are left to deal with.

I want to be clear about my interpretation of the Bill’s scope. I hope that this is not an arbitrary change of date. The Secretary of State presumably has given some thought to the period of extension and why it is needed. The Bill is not just about standing still. It gives the Government the power to introduce regulations by statutory instrument. It is an acknowledgment and an admission of failure by both Governments and the political parties to find an agreement. However difficult it might be to do that, as I have acknowledged, there has not been much sign of progress since the Assembly collapsed in January 2017. There is a huge democratic deficit in the representation of people in Northern Ireland in what was their devolved legislative lawmaking body, because quite simply, laws are not being made. We have heard about the myriad issues affected by that.

I have tabled an amendment on the extension of equal marriage to Northern Ireland, to bring it into line with the rest of the United Kingdom and, indeed, the rest of the island of Ireland. People in my constituency who love each other and who happen to be of the same sex can get married. If people in Cardiff, Edinburgh, London, Dublin, Cork and Galway can do so, why should people not be able to in Belfast? It is a simple contention, and one that the Secretary of State knows I have made many times before.

I hope that the Government will acknowledge that I try to be circumspect in my interventions in Northern Ireland and the degree to which I speak on it and make my views known because I have always been clear that I am an MP from Northern Ireland, but not an MP for Northern Ireland. I am not a proxy for any person there and I cannot claim to have a mandate to represent any person there. However, I hope that the House accepts that I do care deeply about the place I still call home and that, when making interventions or pronouncements on issues affecting it, I do so because I want to be as helpful as possible.

That is why I am disappointed at the attitude of the Government on this particular issue. I and the Love Equality campaign have tried to be generous and patient, and we have not received an awful lot of reciprocity. There is no tangible progress to which we can point. We also need to say very clearly when we are talking about devolution and respect for the devolution settlement that the Assembly has not met since January 2017. The Government have not functioned since 2017, so when we are talking about devolution in Northern Ireland, are we talking about a concept, rather than a reality?

The fundamental point about my amendment, to answer specifically the point made by the hon. Member for North Down (Lady Hermon), is that it does several things. First, it respects the ongoing talks process. It invokes, in fact, the date set by the Secretary of State as the next deadline for progress on restoring the Assembly as the date by which to have taken some action on this issue. So it is a challenge to politicians in Northern Ireland—whether they are passionate about being the ones to introduce same-sex marriage themselves or equally passionate about opposing the introduction of same-sex marriage—to get the Assembly back up and running. That is the first thing.

The second thing is that we would then legislate for same-sex marriage here if the Assembly is not back up and running by October 2019 because, as I have contended and challenged, LGBT people in Northern Ireland should not have to wait any longer for their rights, and this is an issue about rights. However, were the devolved institutions to be restored, which is something I know we all want to see, the power would revert to the Assembly, so if it so chose, it could simply change the law. I hope this would not be an interim step—in truth, I think it would be inconceivable that the Assembly would seek to overturn it if it were introduced here. None the less, that is the fundamental point. So it is my strong view that the amendment is respectful of devolution and that it is in scope of the provisions of the Bill, which are directly about the formation of the Executive.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

My hon. Friend has my wholehearted support on this Bill, not least as a proud devolutionist. I represent Wales and I am proud of our devolution settlement. We all want to see the devolved Administration functioning again in Northern Ireland. The very patient, calm and constructive way in which he has constructed the amendment and the way he has set it out is exactly the way to go forward. Does he agree that, fundamentally, this is about listening to those people whose rights are currently being denied in Northern Ireland? They have spoken to many of us, and I speak to many of them on a regular basis. They have seen the Assembly actually vote in favour of equal marriage and, indeed, all the polls show that they want to see this happen, so we need to have that deadline and we need to see progress for them.

[Conor McGinn]

I thank my hon. Friend for his intervention. As he says, he is a proud devolutionist, and I think that colleagues from Scotland and Wales would find it inconceivable, in the event that the Scottish Parliament or the Welsh Assembly did not sit or their respective Governments were not taking decisions, that we would not discuss or debate these things in Westminster.

[Sammy Wilson]

Regardless of how the hon. Gentleman tries to twist and turn on the issue, the one thing he cannot deny is that the amendment and the path he has taken actually does impinge on the devolution settlement because it interferes with an issue that is the prerogative of the Northern Ireland Assembly, whether or not it is sitting. But if he has decided that it is justifiable to do this, can he tell us why it is not justifiable to overturn the devolution settlement altogether and deal with issues—schools, hospitals, transport, infrastructure—that affect far more people than the issue he is talking about? If he is prepared to interfere with the devolution settlement, why is he not prepared to interfere with it to help the majority of people—huge numbers of people—across Northern Ireland by having intervention by the Government?

[Conor McGinn]

The first point is that this is an issue about rights, not about policy. The second point is that I think, and hope, I have made it clear that I certainly do not want to impinge on the devolution settlement because the power will be retained by Stormont when an Executive and Assembly are functioning. I think there is quite a significant distinction between an Assembly and Executive that exist in the ether or as a concept, and an Executive and Assembly that are meeting, taking decisions and doing work on an issue that affects quite a lot of people in Northern Ireland. There is overwhelming public support for addressing the issue.

Having said that I was not going to speak for long, I realise that I have now spoken for longer than I intended. I just wanted to be clear about my motivation for tabling the amendment and the thought that has been given to it so that it respects the devolved settlement. It also respects the need for decisions to be made about important issues in Northern Ireland. Most of all, however, what my amendment does is respect equal rights for all people in the UK and Ireland.

--- Later in debate ---

[Mr Lewis]

They cannot be put on hold forever. Equal marriage and abortion generate strong feelings in all societies, but this is especially the case where religion has played such a central role in a sectarian divide. I do not support those in the House who want to use the current political stalemate to impose solutions from Westminster, but courageous leadership from the Government would mean using this period to allow the people of Northern Ireland to make their voices heard on these issues. The Government should bring forward legislation to hold one referendum covering abortion and equal marriage, and they should be consistent. As with Brexit, they should commit to introducing the necessary legislation if the people of Northern Ireland chose to vote for change.

I understand those who argue that these issues are about fundamental human rights and therefore should not be subject to a referendum, and I also understand why people may be a little cautious about referendums on anything in the present climate, but there is currently no other credible way forward or one that can achieve a solution in the foreseeable future on these issues, which are so divisive. I believe in universal human rights, including the right to religious freedom, but I also believe—this is very important—that societies scarred by conflict require very delicate handling. Wading into these issues as though Northern Ireland is simply like anywhere else misses an important point about societies emerging from conflict.

[Conor McGinn]

Sure, what would I know about it?

[Mr Lewis]

The hon. Gentleman is entitled to his position. Other people who know as much as he does have an entirely different opinion.

[Conor McGinn]

I would make two points. First, the hon. Gentleman’s constituents in Bury and mine in St Helens who are gay did not have to win a referendum to be able to marry the person they love. Secondly, I gave a lot of thought to my amendment on same-sex marriage and to the sensitivities in Northern Ireland. I do not claim to be an expert in any way, shape or form, but I have considered the matter very carefully.

[Mr Lewis]

I do not dispute the fact that the hon. Gentleman, in every intervention he has made on Northern Ireland over a very long period—it is his home, not mine—has sought to be sensitive. A referendum is not the ideal solution, but to those who believe in gay marriage and believe that the rules on abortion need to be changed and brought into line with those in the rest of the UK, I would say that that will not be achieved by these amendments, given the parliamentary arithmetic. My solution provides an opportunity to achieve a breakthrough that cannot be achieved otherwise, given this perpetual debate and stalemate around the Executive and Assembly and given the parliamentary maths.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for Bury South (Mr Lewis). When I intervened on him, I reflected on his tenure as shadow Secretary of State for Northern Ireland and spoke warmly about him and, despite his speech, I meant it. I have to say, however, that a number of contributions this evening have been jaundiced and negative about the political situation in Northern Ireland, have been warped politically, have not taken account of contributions in the House, have not taken account of commitments made publicly, and have not taken account of the rational, sincere and at times politically difficult and contentious positions that we adopt to resolve issues at home in Northern Ireland.

In her excellent speech, my hon. Friend the Member for Belfast South (Emma Little Pengelly) referred to times throughout the last 10 years when we did everything to sustain government in Northern Ireland. I had been in the House for about three months when the IRA shot dead a constituent of mine, Kevin McGuigan, who lived in Short Strand. He was killed by an organisation that we are told does not exist and does not hold on to arms—an organisation that had been, to that day, inextricably linked to Sinn Féin.

There was a huge crisis in Northern Ireland, and the Ulster Unionist party walked out of government having decided that enough was enough. However, we knew that, should we do the same thing and should the Assembly fall, it would be incredibly difficult to put it together again, so we bought time. We went through a very unedifying process of rolling resignations to keep the institutions alive, while at the same time seeking from, and gaining from, the Chief Constable security assessments that gave us the courage and faith to continue.

We could easily have walked away. We could easily have thrown our constituents, and the entire society of Northern Ireland, into an abyss. But we did not do it because we believe in devolution, we believe in power sharing and we believe that, no matter how difficult it may become and how diametrically opposed we may be to our neighbours in Northern Ireland, there is value in the existence of democratically electable institutions in Northern Ireland and huge merit in the existence of an engaged political class—a forum in which people can present their issues and seek resolutions.

We all recognise that, in politics, we must turn up here day after day. We do not get everything that we want, but we must try, we must present positive arguments and we must champion causes in our communities. That is why I found it depressing to hear the hon. Member for Bury South say that there was a failure of leadership. There are politicians in this place who are not prepared to tell their own people what they need to hear, but my colleagues and I put ourselves in difficult situations every day doing just that, and I have to say that representatives of the other side of the community put themselves in dangerous situations every day doing just that. From a position of leadership, we are saying what is right—recognising the political parameters in which we operate and recognising the positions that we hold, but doing just that.

When 1,800 tyres were removed from a bonfire yesterday in the constituency of my hon. Friend the Member for Belfast South, we could easily have hidden from those who thought that it was a good idea to burn tyres and pollute our community. We could easily have stood back and said, “These are all very difficult issues and we cannot resolve them.” But we do not do that in these circumstances because it is important not to. We stand up to those who threaten violence in our communities against our communities. We stand up to those who sell drugs in our communities and destroy our communities. We are not afraid to take positions of leadership when that is required. And—as I mentioned in an intervention that was quickly dismissed—we are not afraid of compromise either. That is not a dirty word. It is not wrong to recognise that other people have an aspiration that is different from one’s own.

However, we cannot set aside competing aspirations either. We should not be here this evening, but the thrust of this debate and the reason for the Bill is the fact that we are faced with a political situation in which one party, whether we in this Chamber like it or not, has decided that if it does not get what it wants, it will pick up the ball and walk off the pitch.

It was encouraging to hear the hon. Member for Lewes (Maria Caulfield) talk about a coalition of the willing. One of the key strands of the talks in which we have been engaging is the sustainability of the institutions. She mentioned that there was some muttering of “That is not power sharing” from the Benches in front of me. Who says that it is not power sharing? Why can we not have a coalition of the willing across the community divide—across the sectarian divide—which recognises that people come from different traditions, but want to share things?

We do not have power sharing at the moment. We have a refusal to share power and, when one party does it, the entire society of Northern Ireland suffers. That is not right. That is not sustainable government. That is not a basis for progress. I have to say that if, over the forthcoming days, weeks or months, we end up with a talks process that has not produced a change in the way in which the system operates, and has not told the public at large that this cannot happen again and never again can institutions be brought down at the behest of one party because it does not get what it wants, that talks process will have failed.

Similarly, I am not going to spend a lot of time talking about amendments that may or may not be selected tomorrow, but, just as I would be critical of the contribution by the hon. Member for Bury South—he is not alone in this—I also have critical comments to make of the shadow Secretary of State. I am sorry to say that. I am sorry to reflect this evening that, over the course of 21 years of a peace process in this country, the Government and the loyal Opposition have always stepped in tune, have always walked together, have recognised sometimes that decisions are being made that do not suit or are not quite palatable, but recognised that that is in the best interests of society in Northern Ireland, yet over the course of this Bill what we see are amendments that are purely partisan.

If this was about rights, there are more than one or two issues. If it was about progress, there are other issues to be progressed. But I do find it a little rich when we are engaged in trying to restore devolution in Northern Ireland that we have politicians in this Chamber who think it is their duty to cherry-pick, to virtue-signal and to pluck out a couple of issues here and there that they wish to progress, to the exclusion of all others. It does not need to be repeated ad nauseam because my colleagues have mentioned the litany of issues that we need to see progressed in Northern Ireland, yet they do not feature. If it is about coercion, which is what the hon. Member for Bury South was getting to, to encourage us to get back into talks, I think it is counterproductive. If it is about changing the rationale of other parties in Northern Ireland, those who tabled these amendments should not have been so selective. Is there one amendment being proposed by that side of the Opposition Benches that is going to cause difficulty for Sinn Féin or nationalism? There is not one. This is partisan and regressive. It turns back the tide of 21 years of constructive contributions from both Government and Her Majesty’s Opposition.

I do not suggest that Northern Ireland politics are easy or that everyone should agree with my view. I started my speech in that vein but, if we respect devolution and if we want to see the institutions up and running and take decisions on the issues that we can, the only people who are preventing progress on the issue of same-sex marriage are Sinn Féin. They could have the Stormont Assembly restored tomorrow. They could have its first plenary session—not to put anyone under pressure during their holidays—on 1 September and the first thing they could pass is a motion on same-sex marriage. But they are not facilitating, agreeing or permitting a restoration of those institutions. They say it is a political request that they have and they say it is an aspiration, but they are doing nothing to deliver it. And the same can be said on the issue of the Irish language. We are criticised for not compromising, but we committed to legislate for the Irish language and yet still were rebuffed.

[Conor McGinn]

The hon. Gentleman knows I have a great deal of respect and affection for him. I am sure he would want to clarify that he is not suggesting for a moment that any of the amendments proposed by me or colleagues on the Opposition Front Bench are at the behest of Sinn Féin. On same-sex marriage, I have worked very closely with the Love Equality coalition and with representatives from all political parties, including, I might add, his own.

[Gavin Robinson]

For the avoidance of doubt, let me assuage the hon. Gentleman’s concerns—although in the context of this exchange, I am not sure “affection” was the appropriate word, but I will take it in the spirit in which it was offered. I know the hon. Gentleman’s sincerity on the amendment he is putting forward and I also know the sincerity of the hon. Member for Walthamstow (Stella Creasy) on the issue that she put forward. I did not mention either of them when I was making my remarks. It was the Front Bench that I was focusing on and its amendments. I am not going to frustrate anybody’s ability to table an amendment in this place. It is not my position to do so.

I engage with Love Equality. I got castigated for accepting a petition from them. They know my position and I know their position. I see no difficulty whatsoever in engaging positively and constructively. I get criticised for doing the things that I think are important, from a position of leadership, yet I still think it is the right thing to do. The same is true of my constituent Sarah Ewart, who I am sure will get mentioned. She is the most lovely lady who has had a most horrendous time. She is seeking a political answer to an issue that has dogged her personally for the last number of years, with no success. I think that she believes and hopes that she will get an answer through the courts in September. I think she believes that it is appropriate that such issues are dealt with locally. But I am not going to frustrate the political aspirations of others. They can put them forward but, if they respect devolution, if they believe that what I and my colleagues are engaged in in the talks has a purpose, and if they want to put us to the test, let us do it. But do not cherry-pick on a partisan basis.

I want to make just two brief points. I should not be here discussing this this evening. I should be in my constituency—although knowing we have parliamentary duties—dealing with some of the contentious issues that are being raised around bonfires and community tension. I mentioned the removal of tyres from a bonfire last night in Belfast South. I was pleased to see voluntary action this evening by some of the bonfires in east Belfast to remove tyres and pollutants from our community. These are sensitive issues. At the same time, I will have people criticising me and wanting to drag me through the streets to say I do not stand up for the right to celebrate our culture, and from the other side of the coin I will have people saying that I do not do enough, I do not challenge and I do not control. But I will always stand up for the interests of people in my constituency.

Northern Ireland (Executive Formation) Bill

Conor McGinn Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Conor McGinn (St Helens North) (Lab)]

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

[The First Deputy Chairman]

With this it will be convenient to discuss the following:

New clause 2—Pension for victims and survivors of Troubles-related incidents: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards preparing legislation to implement a pension for seriously injured victims and survivors of Troubles-related incidents mentioned in section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 1 on a report on progress made towards preparing legislation to implementing a pension for seriously injured victims and survivors of Troubles-related incidents, and provides for the report to be debated in Parliament.

New clause 4—Reproductive rights of women in Northern Ireland: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards meeting international human rights obligations applicable to the United Kingdom in relation to the reproductive rights of women mentioned in section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 2 on a report on progress made towards meeting international human rights obligations applicable to the United Kingdom in relation to the reproductive rights of women, and provides for the report to be debated in Parliament.

New clause 6—Historical institutional abuse in Northern Ireland: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards implementing the recommendations made by the Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 3 on a report on progress towards implementing the recommendations made by the Hart Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995, and provides for the report to be debated in Parliament.

New clause 8—Same-sex marriage in Northern Ireland: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards implementing marriage for same-sex couples in Northern Ireland is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 3 on a report on progress towards implementing the recommendations made by the Hart Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995, and provides for the report to be debated in Parliament.

New clause 10—International obligations—

“(1) In accordance with the requirements of section 26 of the Northern Ireland Act 1998 regarding international obligations, the Secretary of State must make regulations by statutory instrument to give effect to the recommendations of the Report of the Inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

(2) Regulations under this section must come into force by 21 October 2019, subject to subsections (3) and (4).

(3) A statutory instrument containing regulations under subsection (1)—

(a) must be laid before both Houses of Parliament;

(b) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) If a Northern Ireland Executive is formed before 21 October 2019, any extant obligations arising under subsection (1) shall cease to have effect.”

Amendment 9, in clause 3, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a review of the current legal framework on abortion in Northern Ireland with an analysis of how that framework could be amended by Parliament during the period when there is no Executive, subject to a sunset clause to respect devolution, in order to comply with the human rights obligations of the United Kingdom.”

The subsection would include placing a duty on the Secretary to State to report on the legal framework on abortion in Northern Ireland with an analysis of how that framework could be amended by Parliament during the period when there is no Executive, subject to a sunset clause to respect devolution, in order to comply with the human rights obligations of the United Kingdom.

Amendment 10, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made towards preparing legislation implementing a pension for seriously injured victims and survivors of Troubles-related incidents.”

The subsection would include placing a duty on the Secretary of State to report on the implementation of a pension for seriously injured victims and survivors of Troubles-related incidents.

Amendment 11, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made towards meeting international human rights obligations applicable to the United Kingdom in respect of Northern Ireland in relation to the reproductive rights of women.”

The subsection would include placing a duty on the Secretary of State to report on the implications of any relevant judicial decision in relation to abortion.

Amendment 12, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made towards implementing the recommendations made by the Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995, including the establishment of a publicly funded compensation scheme under an HIA Redress Board, distinct from the Northern Ireland Criminal Injuries Compensation Scheme 2009.”

The subsection calls for a report on implementing the Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995, published in January 2017, which was chaired by Sir Anthony Hart.

Amendment 13, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made in preparing legislation to make provision for the marriage of same sex couples in Northern Ireland.”

The subsection calls for a report on preparations for same-sex marriage in Northern Ireland.

[Conor McGinn]

I rise to speak to new clause 1 in my name and the names of many right hon. and hon. Friends and Members across the Chamber. I want to speak briefly about the purpose of the new clause, the rationale for my tabling it and for wording it in the way I have and my motivation for bringing this before the Committee today.

The purpose of the new clause is straightforward. It stipulates that, if devolution is not restored to Northern Ireland in the form of a functioning Assembly and Executive, the Secretary of State would bring forward regulations in this House to introduce the legalisation of same-sex marriage in Northern Ireland.

My rationale for phrasing the new clause as I have, with the stipulations that it contains, is simple. There is an ongoing talks process at Stormont. Two and a half years since the Assembly and Executive collapsed, we are still waiting on that to come to a successful fruition. As I said last night on Second Reading, these issues are difficult and complicated, and politicians in Northern Ireland have my respect and full support in trying to resolve those; but if, in three months’ time, they—along with the two Governments—have not been able to ensure that a fully functioning Executive and Assembly are back up and running, we should legislate here for equal marriage. In the event that they are up and running before then, this provision would not be enacted. In the event that the Stormont Executive and Assembly are up and running after we enact this measure here, of course the power to legislate on marriage remains with the Stormont Executive and Assembly, and they could seek to change or overrule the regulation that we have made here.

[Ian Paisley (North Antrim) (DUP)]

Is the hon. Member at all concerned that the implication of this could impact on the negotiation process and de-incentivise one of the parties from negotiating at this particular time—that it would just sit it out until 21 October?

[Conor McGinn]

I think the hon. Gentleman is posing a question for his own party and other participants in the talks, because to my mind the idea that this measure would lead to a failure of those parties to restore the Stormont institutions and get on with doing the business of Government on everything, including health and education, is quite far-fetched. It should act as an incentive for the parties to come to an agreement and have the institutions restored.

When the hon. Gentleman talks about one particular party, I think he refers to Sinn Féin. It has been very clear with me that it wants to see this decision made at Stormont, not Westminster. I have had discussions through the Love Equality campaign—the broad-based campaign for equal marriage—but also directly with all the political parties in Northern Ireland, including members of the hon. Gentleman’s own party, about the new clause. I understand the hon. Gentleman and his colleagues’ strongly, firmly and sincerely held views, both on the substantive issue that we are discussing and on the interpretation of its impact on the devolved settlement. I hope, however, he will accept that I, in crafting the new clause in this way, have tried as far as possible, in absolutely and unapologetically trying to make this happen and have same-sex marriage extended to Northern Ireland, to give the time and space for the political parties and the two Governments to restore the institutions. I have also respected the devolved settlement by emphatically saying that the power remains with Stormont.

[Joanna Cherry (Edinburgh South West) (SNP)]

We are very proud of the introduction of equal marriage in Scotland under an SNP Government, led by the former First Minister, Alex Salmond. I am happy to hear the hon. Gentleman making it clear that he respects the devolved settlement. It is much easier for many of us in the SNP to support this excellent measure in the knowledge that he is proposing it given the fact that there is no Assembly at the moment, but it still respects the devolved settlement.

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[Conor McGinn]

I thank the hon. and learned Lady for her intervention and pay tribute to her and her colleague the hon. Member for Livingston (Hannah Bardell) for the work that they have done to ensure that their party is in a position to support the new clause tonight. That is very important to me, because the hon. Member for North Down (Lady Hermon) raised a point last night about her validly and genuinely held concern about the impact this would have on devolution; and when the hon. Lady speaks, I listen, as I think do most Members across this House. I hope that, given the answer that I gave last night and my explanation today, she is comfortable with the knowledge that this power does remain a devolved one, but that in the absence of an Assembly and Executive we can make what might be described as an interim provision here, which can then be overturned by the Assembly if it is back up and running.

[Lady Hermon (North Down) (Ind)]

rose—

[Nigel Dodds (Belfast North) (DUP)]

rose—

[Conor McGinn]

I will give way to the hon. Lady and then to the right hon. Gentleman.

[Lady Hermon]

I am very grateful to the hon. Gentleman for allowing me to intervene. May I just remind him of the fact that a large number of constituents, and those who are not constituents, have emailed me, and have contacted other Members representing Northern Ireland constituencies and who have taken their seats here, greatly concerned about the possibility that his new clause might undermine the devolved settlement in Northern Ireland? What can I say to those constituents, in an email reply to them, that confirms to them that the hon. Gentleman’s new clause in no way undermines the devolved settlement that was crafted so carefully by a Labour party led by Tony Blair?

[Conor McGinn]

I thank the hon. Lady again for the direct way in which she puts the question. I was not old enough to vote for the Good Friday agreement, but everything I have done in my personal life and political career has been about supporting that—supporting the principle of consent, supporting power sharing, supporting peace on the island of Ireland, and supporting reconciliation between people who live in Northern Ireland and between Ireland and Britain. I am a passionate defender of the devolved settlement and a devolutionist. I think that, despite the ups and downs we have had, it has been a force for good in Northern Ireland, and my priority, and what I want to see, is the Assembly back up and functioning in Stormont.

As I have said, it is my strong view that, given the way the new clause is crafted—it has been selected by the Chair—it does not impinge upon the devolved settlement; it explicitly recognises that this is a devolved power. At the minute, however, the Assembly and the Executive exist in the ether, or as a concept, not in reality, so if they cannot make this law, we will make it here, because, as I have said often, rights delayed are rights denied. We will make the law here, and then when the Assembly is back up and running, the power remains its to change it.

[Nigel Dodds]

I am very grateful to the hon. Gentleman for giving way and for giving way so frequently so early. This is an important issue because his proposal does drive a coach and horses through the principle of devolution and, if the SNP is prepared to accept it, this House can legislate and then ask a devolved legislature to overturn it. That is an interesting and novel concept. But would the hon. Gentleman confirm that, in seeking to drive a coach and horses through the principle of devolution, overriding the concerns—[Interruption]—overriding the concerns of people in Northern Ireland that the hon. Member for North Down (Lady Hermon) has referred to, his proposal actually would be not for a vote in this House, but that the procedure would be a process of annulment, so that regulations would come forward without any further vote in this House? Perhaps he would explain whether that is the case; I am just asking a question of information

[Conor McGinn]

Regulations would come forward in the usual form, on the basis of a vote tonight approving the mechanism to do that. The Bill in fact makes specific provision for the Secretary of State to introduce regulations, through statutory instruments, for governance in Northern Ireland. That is not specified—what I am actually doing is specifying one area where I would wish them to do that.

I understand that an issue like this is binary, and that the right hon. Gentleman and I are on opposite sides on this, but I hope he understands that it certainly is not my intention to drive a coach and horses through anything. I gently say to him, I have always supported the devolved institutions from 1998 and the power-sharing arrangements that were made then.

[Ian Paisley]

No one challenges the hon. Gentleman’s sincerity, both on the point of his desire to see relations fixed in Northern Ireland and his opinion on this matter. We are just at different ends of the scale in terms of opinion on this matter. Surely he must accept, under the work that he did when he was in the shadow office, that this completely and totally usurps the role of the Northern Ireland Assembly. It does drive a coach and horses through the issues. There is not sufficient time between now and 21 October to establish a new Executive that would be able to function on these matters by that date. Surely he recognises that.

[Conor McGinn]

I thank the hon. Gentleman for what he has said and I will answer him very directly. Far from usurping the role of the Assembly, I am acting on a mandate given by the Assembly when it voted in favour of equal marriage. That was vetoed by his party, using a petition of concern to block it. The majority of the Assembly, the majority of political parties in Northern Ireland, members of his own party, and the overwhelming majority of the public support legislating to legalise equal marriage in Northern Ireland.

[Wes Streeting (Ilford North) (Lab)]

The constitutional debate we are hearing this afternoon is very important—no one would deny that. My hon. Friend has already made the point that the distinction between Northern Ireland and Scotland is that there is a functioning Scottish Government and a functioning Scottish Parliament. But this is not just about constitutions; it is about people and the fact that Northern Ireland is, at present, the only place in the whole of the United Kingdom, or indeed the island of Ireland, where LGBT people cannot exercise their right to marry. Given that there is already, as he says, a majority in favour in the Assembly and a majority in favour among the public, is this issue not now about democracy and human rights?

[Conor McGinn]

I think it is. That has always been my contention and I hope to speak on that in my closing remarks. Did the hon. Member for North Antrim (Ian Paisley) want to intervene? I will give way one last time and then I will have to make progress.

[Ian Paisley]

The hon. Gentleman is being very generous. He makes a point about rights. There is the protection of rights in the Assembly: the petition of concern allows for all rights to be protected. That is why, I assume, he supported Tony Blair when he introduced the petition of concern mechanism.

[Conor McGinn]

It is very important that we have a mechanism where sensitive, cultural or constitutional issues get support on a cross-party basis. I do not believe same-sex marriage was one of those issues and I do not think it was appropriate to use the petition of concern in that respect.

[Hannah Bardell (Livingston) (SNP)]

I pay tribute to the very pragmatic and careful way the hon. Gentleman has drafted his new clause and gone about this. What can I say, other than that I give my full support to him, the people of Northern Ireland and, in particular, the LGBTIQ people in Northern Ireland? The hon. Member for Ilford North (Wes Streeting) made the important point that it is a very different situation when the Northern Ireland Assembly has not sat for 900 days. The Scottish Parliament and the Scottish Government are fully functioning, and Scotland has had a coach and horses driven through its devolved settlement. The hon. Member for North Antrim (Ian Paisley) should remember that. We absolutely support the hon. Member for St Helens North (Conor McGinn). I hope that Democratic Unionist party and Government Members will listen to him very carefully. We have an opportunity to do something very positive here. I hope Members from across the Chamber will support him.

[Conor McGinn]

I appreciate the hon. Lady’s remarks and the work she has done in Scotland. I also appreciate her acknowledgment that this can and should be done, and that it does not impinge on the devolved settlement.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

My hon. Friend knows his new clause has my full support. As I made clear on Second Reading last night, I am a proud devolutionist. I support the Welsh Assembly and the Welsh Government, as I do the other devolved Administrations. This matter is about a fundamental issue of rights. He has constructed this in a very careful way. Does he agree that there is a fundamental anomaly here? Individuals in the rest of the UK who want to marry Northern Irish citizens, or get in a marriage in Northern Ireland are unable to do that at present. That is a huge anomaly that affects relationships and people across the United Kingdom.

[Conor McGinn]

Absolutely. I see that my hon. Friend the Member for Rutherglen and Hamilton West (Ged Killen) is in his place. He is married to a Tyrone man. As an Armagh man, I make no further comment on his choice of husband and his county affiliations. [Laughter.] He makes the point frequently that, when he is in Scotland they are married and recognised by the law, but when they get off the plane in Belfast they quite simply are not. That cannot continue and, from a Unionist point of view, is anathema to anyone who values equal rights within the Union as a whole.

[Owen Smith (Pontypridd) (Lab)]

My hon. Friend is making an excellent speech and I wholeheartedly support his new clause. Does he agree that we in this House need to remember that it is not unique for us to propose to legislate from Westminster in respect of Northern Ireland? It is not particularly anomalous. There have been myriad occasions in recent history, during the difficult periods of the political process in Northern Ireland and over the past two years, when we have legislated effectively in this place to either put in place important provisions for the people Northern Ireland or to keep the peace process on track. This is an important instance when we should do likewise and step in in the absence of the Assembly.

[Conor McGinn]

I thank my hon. Friend for what he said and for the work he did as shadow Secretary of State for Northern Ireland. This and other issues we will discuss today, on which I am sure he intends to speak, were critical to getting us to the point where we are now.

I want to close my speech because there are myriad other important issues—

[Tim Loughton (East Worthing and Shoreham) (Con)]

The hon. Gentleman is being generous in taking interventions. I am very pleased to have added my name to his new clause, and I speak as somebody who did not vote for the same-sex marriage Bill originally, but the world has not fallen in since. I would not vote to change the law and this is a matter of equal opportunities for people across the United Kingdom. I believe in the Union and therefore I believe that the opportunity should be open to every citizen of every part of the United Kingdom. Can I ask him—I am sure the answer will be yes because he supported my Civil Partnerships, Marriages and Deaths (Registration etc.) Bill to have equal civil partnerships in England and, I hope, the rest of the United Kingdom—would he support extending that equality to Northern Ireland? If we brought those two together, what a double whammy that would be.

[Conor McGinn]

I very much appreciate the sentiment, but let us get through today first and then we can have a conversation about that.

[Gavin Robinson (Belfast East) (DUP)]

Will the hon. Gentleman give way?

[Conor McGinn]

I will, but I am afraid I will then have to close.

[Gavin Robinson]

I am very grateful to the hon. Gentleman. I appreciate him taking this intervention. I hope he recognises that the comments I made last night about the unsatisfactory way in which individual issues have been adopted are not attributable to him. He is right, and has every entitlement, to advance the issues he so chooses. There are a huge number of issues that affect society in Northern Ireland and impinge on rights in Northern Ireland, yet there is no progress on legislation for them. I do not expect him to champion all those causes individually but, if he believes now is the time for Westminster to start acting and legislating on those matters, will he be responsive and proactive, and support a huge range of issues that we believe need to be addressed in Northern Ireland and cannot wait any longer?

[Conor McGinn]

I thank the hon. Gentleman for his comments. I have always been clear that I am an MP from Northern Ireland, not for Northern Ireland. It is his job and the job of his colleagues and other MPs to lead on issues that are affecting their constituents. I do not claim a mandate from Northern Ireland but, as I said in last night’s debate, I hope people will accept that it is the place that I will always call home. Family and friends still live there. I try to visit when I can and I care deeply about the place.

On the hon. Gentleman’s point about Westminster engaging in other issues that have been raised over the course of the debate on the Bill, I acknowledge that there is a deep frustration among people in Northern Ireland on a whole range of issues that progress is not being made. I think we are fast approaching the time when they will want politicians somewhere to do something. If that has to be this place, then, reluctantly, I would agree with him that after this current extension we have to think seriously about making some progress on all the matters that have been discussed. It would have to be, in my view, strongly based on a three-stranded approach, north-south co-operation with the Irish Government, and co-operation between the two Governments through the British-Irish Intergovernmental Conference.

I have focused a lot on process in last night’s debate and in my speech today, because I want to provide reassurance about the devolved settlement. When I made my speech to move my private Member’s Bill in February 2018, I quoted some of the wit and wisdom of people in south Armagh and Northern Ireland, and some of the Ulsterisms that were used. I have to say that it is not funny anymore. This is really serious and it needs to be addressed. This House has failed LGBT people in Northern Ireland before. It failed a generation of people in Northern Ireland by not decriminalising homosexuality, and condemned them to discrimination, to abuse and to living in fear many years after that stopped being the case in the rest of the UK. It failed people in Northern Ireland by not extending same-sex marriage when it became the law here, making people in Northern Ireland less valued than the rest of us. Tonight, we have the chance to do the right thing. People in Northern Ireland, and indeed across Britain and Ireland, are watching. I, for one, am not going to let them down. I hope colleagues do not let them down either.

[Mrs Maria Miller (Basingstoke) (Con)]

It is a pleasure to follow the hon. Member for St Helens North (Conor McGinn), who made a powerful argument for extending same-sex marriage across Northern Ireland. I was the Minister who did not extend same-sex marriage to Northern Ireland at the time, because of the devolution settlement, so I viscerally understand his arguments. I regret that that was not done when the legislation was put in place for England and Wales.

I spent many hours at the Dispatch Box making arguments similar to those that the hon. Gentleman made about the importance of equal marriage. The state has no right to discriminate against people on the basis of their sexuality, and we have laws that prohibit that. As marriage is a fundamental part of our society, we should encourage more people to be married, including those in same-sex relationships. He is right that we need to make this change, but today’s debate will be about whether this is the place to do so. Does this debating Chamber and body of people have the right to do that? If we had that right, we would have exercised it when the initial legislation came through. I will listen closely to the Minister’s response before I make a decision on whether to support new clause 1. My heart tells me that it is the right thing to do, but my head is yet to be convinced that this is the right place to do it.

At the heart of my comments are new clauses 10 to 12, in the name of the hon. Member for Walthamstow (Stella Creasy), and amendment 9, in the name of the hon. Member for Kingston upon Hull North (Diana Johnson). The Women and Equalities Committee did a detailed and forensic analysis of the current situation on abortion in Northern Ireland. That was because of the report by the Committee on the Elimination of Discrimination against Women, which was published last year, and our concerns about the evidence that was put before us by individuals and organisations representing a range of beliefs and positions in Northern Ireland.

I will not go through all the recommendations in that report; I will focus on the key recommendation, which the Committee almost unanimously believed to be the change that should be made. It was about mums and dads facing the appalling prospect of their unborn baby dying before it is born or shortly after, because it has been diagnosed with what is called a fatal foetal abnormality. Our Committee felt strongly that the law needed to change in this respect forthwith—quickly, immediately—because of the impact that that was having on people’s lives and wellbeing, as well as the threat to their mental and physical health.

Hon. Members will be aware that cases are before the courts and will be going before the Supreme Court for consideration. There has already been partial consideration of the issue, following which the Supreme Court said that there was a very real prospect that the law in Northern Ireland contravened human rights. As a Parliament we should be concerned that not every woman in our constituencies, wherever they might be, enjoys the same access to care and support. If the women in my constituency were facing the prospect of having to carry a baby that was going to die, I would man the barricades to change that law.

--- Later in debate ---

[Nigel Dodds]

I think that the hon. Gentleman is mistaken in relation to that issue, but there have been instances in which legislation has been passed for the whole UK, which was entirely appropriate because there was no dispute about it.

[Conor McGinn]

May I draw the right hon. Gentleman’s attention to his own new clauses 15 and 17, which propose the introduction of legislation relating to the armed forces covenant and the definition of a victim through exactly the same process through which I am proposing legislation relating to same-sex marriage?

[Nigel Dodds]

I shall deal with new clauses 15 and 17 when we discuss the second batch of new clauses and amendments, but the issues that they concern are UK-wide. The definition of a victim should be a UK-wide definition, and the military covenant should apply across the UK. That is the difference between the hon. Gentleman and me: I am taking a UK-wide approach, while he wants to override the devolution settlement at a time when there is a prospect of devolution being restored.

I referred earlier to issues on which there has been a consensus, a cross-party view that something should happen. The Government have always been willing to take such issues on board, as, indeed, have the Opposition. One example is the Historical Institutional Abuse Inquiry. All the party leaders have written to say that that is one area in which they would be content for something to be done, but that had been agreed by everyone across the community.

In this context, it is clearly appropriate to mention the sad passing this morning of Sir Anthony Hart, the chair of the inquiry which did such fantastic work in relation to victims of historical institutional abuse. It is a shock to us all, and I am sure that I speak for the whole House in extending sympathies and condolences to his family. That inquiry, and the sterling work done by Sir Anthony and all involved with it, has resulted in recommendations that have not been able to be taken forward, and indeed the Assembly was collapsed just a few weeks before proposals could be tabled. We urged that the Assembly not be collapsed to allow these proposals to be taken forward, but that was ignored by the Sinn Féin Minister of Finance. The fact of the matter is that there is one area where we do have total cross-party consensus, and we would certainly be supportive of taking that forward.

There is not cross-party support on the other areas, but on abortion there would certainly be a degree of concern among all parties in Northern Ireland about legislating; although the Northern Ireland Assembly parties across the board may take a different view on what needs to be reformed, they might not agree with Members here about the extent to which reform should happen in terms of time limits and the other aspects.

--- Later in debate ---

[John Penrose]

Dame Eleanor, I had probably better not try your patience by going through them all. We have accepted a fairly large number of reporting requirements and we are happy to report back to this House on that basis. With my hon. Friend’s indulgence, I will perhaps go through the individual amendment numbers with her separately afterwards. With that, I draw my remarks to a close.

[Conor McGinn]

I pay tribute to all those colleagues who have taken part in the debate; it was characterised by strongly held, sincere views, articulated in an environment and atmosphere of respect and understanding. Although I know that disagreement remains over the substance of the issues that we spoke about, it is my strong contention that new clause 1, which stands in my name, lends itself to be supported by the Committee of the whole House tonight and I will press it to a Division.

Question put, That the clause be read a Second time.