Offences Against the Person Act 1861

David Simpson Excerpts

Tuesday 5th June 2018 Commons Chamber

[Stella Creasy]

I thank my hon. Friend for her contribution to this debate, which is much welcomed.

Let me reassure Members that, as for every other medical procedure, there are safeguards that are not in OAPA or even in the Abortion Act, but in existing medical regulation. Therefore, these safeguards would not change with decriminalisation. Indeed, the 1967 Act, which is supposed to safeguard women, says nothing about informed consent and is entirely silent on these issues. Clinicians are required by law to obtain informed consent before performing any medical procedure, or risk criminal sanction. We are asking for abortion to be subject to exactly the same medical regulations as all other procedures. By repealing these provisions in OAPA we, as the UK Parliament, can show women across the UK that we trust them with their own healthcare, wherever they live. We can also show that we trust every legislature, including in Northern Ireland, to create modern abortion laws. The crucial issue for those of us who support decriminalisation is: when can we do this? For me, that is the question for Ministers today.

[David Simpson (Upper Bann) (DUP)]

Will the hon. Lady give way?

[Stella Creasy]

I will happily give way one more time, but then I really want to make some progress.

[David Simpson]

The hon. Lady has mentioned that this is very technical and that there is a lot of legislation to go through, but may I ask her one small question? In her aims and objectives in all this, where do the rights of the unborn child and the life of such a child come in?

Northern Ireland (Regional Rates and Energy) Bill

David Simpson Excerpts

2nd reading: House of Commons & 3rd reading: House of Commons
Wednesday 21st March 2018 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

My hon. Friend the Member for South Antrim (Paul Girvan) was the penultimate Back-Bench speaker in this debate, and I am the last. I am always pleased to contribute to debates about Northern Ireland—and, indeed, a few others as well.

First, I would like to thank the Secretary of State for bringing the Bill forward. As we outlined yesterday, this is not the preferred scenario for Northern Ireland. We very much want to see the Bill coming forward, but it is no doubt due to Sinn Féin’s obstinate attitude, the obstacles it has put up and its austerity agenda, which we are all going to suffer from. Today will hopefully be the first stage in people not suffering, because the people back home will have an opportunity to see what we can do.

The preferred scenario is that we allow those who were elected to do a job to sit down and do that job. My colleagues are desperately aware of that and are itching to do it, yet we are past the stage where we can apply a plaster to cover the wound. The wound is infected and seeping and needs urgent attention, and today’s debate is the prep for the surgery. The Secretary of State has set that out. I would like to thank all hon. Members who have contributed so far to bringing the Bill forward. We have discussed who and what caused the wound—a militant Sinn Féin agenda—and now we are beginning the process of cauterising it and stopping the bleeding.

I want to put on record my thanks to my colleague, the MLA and former Finance Minister Simon Hamilton, for all the hard work he has done. He is a really hard-working MLA, as all MLAs are. They do incredible work across all constituencies in Northern Ireland, night and day.

The people from the Province have waited long enough for decisions, and today we are waiting for the right decision to be made. For example, I know that the council that covers the majority of my constituency, Ards and North Down Borough Council, has been working really hard to keep the rates down in its area, as has Newry, Mourne and Down District Council. Ards and North Down Borough Council has initiated a scheme whereby the grey bin for any waste is collected every other week, a blue bin for recyclables is collected on the alternate week and a brown bin for food waste is collected every other week, along with a kerbside collection of glass.

Such initiatives enable savings to be made at the council level. Some of the savings were put into an educational pot that is used to promote environmental issues in schools, by taking children to see how recycling works and holding other such events. The pot is used to go around community groups and host events in communities, and a large amount of it goes to offsetting the rate, meaning that despite the council building a state-of-the-art leisure centre and many other outputs in Ards, when it met on Tuesday 13 February and struck a district rate for 2018-19, the domestic rate was 22.3273p in the pound—a rise of 2.96%. It is a thrifty council, using all its Ulster Scotsism to look after the pennies and the pounds and ensure that it can still deliver a good rate. For the average household in Ards and North Down, that equates to an increase a £1.35 per month, and they get all the things I have mentioned and a lot more for that money. The council has attempted to stay as close to the inflation rate as it possibly could, while still providing an acceptable level of service provision.

When we look at the decision that the Secretary of State is making today, we understand the reasons why she has put it forward and why it must be done. I know that the Secretary of State will say that we pushed and pushed her to take the decision, and we are very pleased that she has done so.

For the record, may I commend the Secretary of State for her answers during Northern Ireland questions today? She was pithy and confident, and she showed all the things we look for in a Secretary of State. There again, the Under-Secretary obviously did extremely well, too, in assisting the Secretary of State. He always does well.

Some will question why, when others are attempting to keep increases as near to the inflation level as possible, the Secretary of State has set the rate at the level she has. We need more finance, and this will enable such money to be collected, allowing business to continue and the wheels to carry on turning. This is all part of the additional money that has been granted by this House.

[David Simpson (Upper Bann) (DUP)]

Does my hon. Friend agree that councils in Northern Ireland are very prudent, because we have working relationships and collaboration right across the whole Province, which helps to save money for the general public?

[Jim Shannon]

Yes, I agree with my hon. Friend. There may be an odd council or two that are not quite as prudent as they should be, and we would like them all to be every bit as prudent as one another.

With the additional money, we live in hope that the Ballynahinch bypass might even be started, that nurses could be trained in using diabetic insulin pumps and that there may be more hours for NHS staff and more classroom assistance. We hope for all these things from this money, and we will see how it goes.

I am very pleased that the Government have awarded NHS staff a wage increase today. This House should be proud of that, use it to encourage them and say that it is a recognition of their efforts and hard work.

As we all know, the nature of rates is that they go up every year; it is very unlikely that they will not. The fact is that they are higher this year than they were last year and the year before. I want to point out, however, that families are struggling. It would be remiss of me to come to the Chamber without making that point. I obviously say that regularly, and I have done it again today.

It is my belief that the working poor are becoming more and more prevalent, with parents in work and yet struggling under the burden of bills. Another sacrifice for a struggling family who are not on benefits is that they do not get any form of rates relief, yet their children might be living in poverty. In Northern Ireland, we have some of the highest child poverty levels in the whole United Kingdom. An area may be perceived to be affluent, but that does not mean that the issues of child poverty are not real, because they clearly are.

Oral Answers to Questions

David Simpson Excerpts

Wednesday 21st March 2018 Commons Chamber

[Mr Speaker]

Order. There is a considerable hubbub in the Chamber, which is arguably discourteous to the people of Northern Ireland and certainly unfair on Members from Northern Irish constituencies. Let us have a respectful hearing for Mr David Simpson.

[David Simpson (Upper Bann) (DUP)]

The Secretary of State will be aware of the European health card system. Does she envisage that system continuing when we leave the European Union, or will there be some other arrangement?

[Karen Bradley]

The hon. Gentleman will be pleased to know that that was one of the early matters to be settled as part of the negotiations with the European Union. My right hon. Friend the Secretary of State for Exiting the European Union was able to ensure that that will continue.

Northern Ireland Budget (Anticipation and Adjustments) Bill

David Simpson Excerpts

2nd reading: House of Commons & 3rd reading: House of Commons
Tuesday 20th March 2018 Commons Chamber

[Emma Little Pengelly (Belfast South) (DUP)]

It is a pleasure to follow the excellent speeches that we have heard throughout the House today, especially those by my right hon. Friends the Members for Belfast North (Nigel Dodds) and for East Antrim (Sammy Wilson). They have very strongly set out all the key issues involved in the current situation in Northern Ireland, and I will heed their advice. It is not often in scrutiny of such a technical budget Bill that it is possible to sit on the same Benches as no fewer than two former Finance Ministers, and I am very conscious that they, in the House and in the Northern Ireland Assembly, held strongly held views and that officials shared those views. Some officials from Northern Ireland are present today, and I know that they will have sat year after year, and heard people raise the same issues, and I do not want to broach them too much today, but I will do so to a limited extent.

Before I get into the substance of some of the issues discussed, I want to say yet again that I find this a particularly sad day for Northern Ireland. Once again, we are standing in this Chamber, discussing the business of Northern Ireland, when what we want is for the Northern Ireland Assembly to be restored and for locally elected Northern Ireland politicians to be sitting in the local Northern Ireland Assembly, making decisions for our people from Northern Ireland. That is what I hear from people on the ground all the time.

A very strong point was raised by the hon. Member for Lewes (Maria Caulfield) and reiterated by my colleagues about the interest shown in Northern Ireland. I hear, as we all do, day in, day out, from across the House about Members’ interest in Northern Ireland and their interest in the economy, and what is good for Northern Ireland, how we do not know what is good for Northern Ireland and how we are irrelevant, and all that, but it is an incredible and stark fact that there has been no Government in Northern Ireland for over 14 months. In this great democracy that is the United Kingdom, there is a region—Northern Ireland, part of that United Kingdom—where there is a democratic deficit. We have no Ministers to be accountable to the people. We have senior civil servants trying to get by—because that is all that they are doing—and they are under intolerable pressure, because this is a legal minefield. They do not know, and it is not clear, what decisions can and cannot be taken; but what they do know is that they should not and cannot take decisions that Ministers ought to be taking. Yet, after 14 months, we still do not have Ministers in place, and that is simply unsustainable.

Although I welcome this technical Bill, as has been articulated by my right hon. and hon. colleagues, there is a lot of confusion at times about such technical Bills. However, it does not take away from the fact that decisions need to be taken. It is not sustainable in Northern Ireland for those decisions not to be made.

[David Simpson (Upper Bann) (DUP)]

My hon. Friend has outlined the position very well, but the bottom line is this. There is one party that is holding Northern Ireland to ransom and that has held Northern Ireland to ransom for many years through its previous violence, but now is holding the country to ransom economically, and that is Sinn Féin.

Northern Ireland Finances

David Simpson Excerpts

Monday 12th March 2018 Commons Chamber

[Karen Bradley]

I agree. My hon. Friend sums the situation up very well.

[David Simpson (Upper Bann) (DUP)]

I welcome the Secretary of State’s statement. Will she outline for the House what actions she intends to take on efficiencies within the different Departments, which she mentioned in her statement?

[Karen Bradley]

The hon. Gentleman will know that the Northern Ireland civil service had started work on efficiencies before the Executive collapsed. Those things had been talked about within ministries while there were Ministers in place at Stormont, so this is about working forward from the programme of government to deliver those efficiencies, which Ministers had previously been looking at. I recognise that this is all terribly difficult to explain, but we are working within the boundaries of what we can.

Oral Answers to Questions

David Simpson Excerpts

Wednesday 15th November 2017 Commons Chamber

[Chloe Smith]

My hon. Friend is absolutely right. She knows the region well and she will be aware that tourism numbers for the first six months of 2017 hit a record high, and that Belfast and the causeway coast is rated by Lonely Planet as the best region in the world to visit in the coming year. To continue that progress, we need to add political stability to the mix so that economic development can continue to be supported.

[David Simpson (Upper Bann) (DUP)]

The Minister will know that some good results for the Northern Ireland economy have come out this morning. Does she agree that the Democratic Unionist party has negotiated a fantastic deal with the Tory party that will help to create jobs in Northern Ireland and strengthen the economy in the future?

[Chloe Smith]

Everybody in this House ought to celebrate the further economic progress in Northern Ireland and there being a strong Government who can deliver that and support economic progress for the whole United Kingdom.

Northern Ireland Budget Bill

David Simpson Excerpts

2nd reading: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 13th November 2017 Commons Chamber

[James Brokenshire]

I agree with the right hon. Gentleman on accountability. The difficult job that the Northern Ireland civil service has had to do is effectively make its best assessment of the outgoing priorities of the outgoing Executive. It is worth noting that a lot of work was obviously done in the relation to the budget before the Executive collapsed at the start of the year—work that the parties had been engaged in closely with the Northern Ireland civil service. None the less, there are challenges and pressures in respect of how the civil service is having to operate under the emergency provisions of the Northern Ireland Act 1998, and issues about accountability and political decision making are felt keenly. There is a lack of accountability at the moment, which is why we want to see the Executive back up and running. Indeed, if an Assembly were restored quickly, the Assembly would be able to do that job. It would be able to look back at the budgeting arrangements and to carry out the normal level of scrutiny. I agree, however, that the situation is unsatisfactory, and we need to see progress and get the devolved Government back up and running at the earliest opportunity.

The powers that the Northern Ireland civil service has been exercising have their limits. Under section 59 of the 1998 Act and section 7 of the Government Resources and Accounts (Northern Ireland) Act 2001, the civil service may only issue cash and resources equal to 95% of the totals authorised in the previous financial year. The powers do not allow Departments to use accruing resources, meaning that the resources available to them are in reality significantly less than 95% of the previous year’s provision. Right hon. and hon. Members will recall that I set out in written statements in April and July an indicative budget position and set of departmental allocations based on the advice of the Northern Ireland civil service. In my written statement on 19 July, I said:

“The exercise of s59 powers cannot be sustained indefinitely”—[Official Report, 19 July 2017; Vol. 627, c. 56WS.]

Although we had not then reached it, I also warned that that critical point was approaching. The resource limits in the absence of a budget are now fast approaching. Without further action, there are manifest risks that the civil service would simply begin to run out of resources by the end of November. That would mean no funding available for public services, with all of the negative impacts that would accompany such a cliff edge. No Government could simply stand by and allow that to happen, which is why we need to take forward this Bill today.

[David Simpson (Upper Bann) (DUP)]

The Secretary of State says that only 95% of the budget was allocated. My understanding is that that 5% equates to some £600 million that has been delayed in coming to Northern Ireland. Will he put it on the record today that the party to blame for that is Sinn Féin for not bringing the budget when it should have brought it?

[James Brokenshire]

I understand the political point that the hon. Gentleman is making, and he highlights the challenges and pressures. The indicative budget arrangement has in effect meant that the Northern Ireland civil service has largely been able to operate on the basis of a full budget, which was one of the reasons why we set out the indicative arrangements with the affirmation that, should it come to it, we would bring forward a budget Bill. We are taking steps today to follow through on that, because of the need to have finances in place. We obviously have not had an Executive, which is why we are in this situation.

Efforts have been undertaken to find an agreement, and I commend the DUP for its work and the ongoing discussions with Sinn Féin to find that agreement. We want to see an enduring power-sharing Executive who are able to get on with the job and to make the high-level budget decisions that we are being forced to take in this Bill. I recognise, however, the frustrations that are felt right across Northern Ireland about not having an Executive in place that are able to make such decisions.

--- Later in debate ---

[David Simpson]

My hon. Friend has raised a number of points about different Departments. Does he agree that it is regrettable that agriculture will face a reduction of some 3.7%? It is vital that the animal standards and welfare—all of that—is taken care of as we leave the European Union, and that there is enough funding to eradicate tuberculosis.

[Jim Shannon]

I congratulate my hon. Friend on his hard work on the Select Committee on Environment, Food and Rural Affairs. He is studious, and he tells me that he will be working even harder than normal this week. The Committee is doing a lot of work, and I commend him for it.

I proudly wear a remembrance pin in my lapel today. My colleague asked my why, and it is to remember the UDR four—four young men murdered on the boundary of my constituency by the IRA at Ballydugan. I knew three of those young men personally. Justice for their families remains unmet, in this world at least, but they will get their answer in the next world—that is the way it should be. There is a day of reckoning for everyone, and those who have carried out evil deeds will one day be held accountable. The things that should be important to anyone, regardless of creed, class, colour or ethnicity, are all sacrificed for an ideal of a greater good that cannot change one person’s life or enhance it in any way—and all because people who are supposedly so principled refuse to stand up for their people today.

If a person in the street—nationalist or Unionist, Protestant or Catholic, or whatever their religion might be—were asked what is the most important thing, they will say education, health, the roads and getting the operations they want. Those are the issues in my office every day, as I suspect they are in the office of every Member here today; it is not the Irish language Act or those issues. The quicker that Sinn Féin catch on to what the issues are and, I say this with respect, the quicker the shadow Minister, the hon. Member for Ealing North (Stephen Pound) realises that, too, the better it will be and we will have an understanding in the Chamber of the real issues.

Sinn Féin are not here to speak for a solution. However, we are here, and we will continue to speak for the people of the Province in the best way we can. When I speak to constituents at home about the budget, they have highlighted many things, and my response has been steady and constant: direct rule is no good for Northern Ireland. It is not what I want, and I do not think it is what the people want. We are a party of devolution, as everyone in this House recognises. I am proud to be in this House, and this is the world’s greatest seat of democracy. I have watched direct rule, and I am of an age, as I suspect are many Opposition Members—with the odd exception or two; there might be a couple behind me—that remembers direct rule. Under direct rule we lost out on having an input on education and health, and most of our input was through the local councils or the Forum for Political Dialogue, as it started off, and then the Assembly. We lost out on those issues through direct rule.

I watched the Northern Ireland Office struggle under the weight of running an entire country, and I watched this place taken up with micromanagement, under which it is next to impossible to produce excellent results. I do not want direct rule, and neither do most people in this Chamber—most especially the Secretary of State in all likelihood—but we now have no other option unless good sense and a desire to do what is right appear.

I turn to today’s business and setting the budget. I have listened to my colleagues outline many of the pressing needs that must be addressed, and I wish to underline one of those needs in the short time I have remaining—the role of community funding. My right hon. Friend the Member for Belfast North (Nigel Dodds) spoke about that, and I do not think there is one Northern Ireland MP sitting here who is not faced with it every day. It is essential that the good work within our communities is enabled to continue. I have been contacted by the Eastend residents association, a great group in my constituency that applied for community funding through the social investment fund to build an extension on the community flat. The group provides a homework club, a pensioners club and a craft club, and it hosts a benefits advice centre and cross-party surgeries by elected representatives. The group is very much part of the community, across party politics. The group needs the extension to continue its work, and at this moment in time we are sitting in limbo; we do not know what is going to happen. We have waiting for years for the extension, and the SIF funding was granted.

I am given to understand that all commitments will be honoured, but my issue is twofold. How many other groups will not be able to grow because they have no mechanism to access capital spending? How can underperforming young Protestant men in my constituency get out of the rut in which they find themselves if they do not have the community influence and the funding to help them find what they excel at? That applies to all the community groups in my constituency. It applies to the Glen Estate, the West Winds, Bowtown, Ballygowan, Scrabo Estate, Saintfield, Ballynahinch and Crossgar community associations. Every one of those groups has a project that it needs completed. If we cannot get the money into those projects, we cannot get that done.

What about Home Start and Positive Futures? They are also organisations that are waiting on funding. We need this money, and we need this budget in place to make things happen. That also applies to domiciliary care and other care packages.

My second issue lies in the actual funding formula. The £15.7 billion figure included in the Government’s main estimate represents the cash grant payable to the Northern Ireland consolidated fund, which is also supplemented by funding from other sources, including the locally raised regional rate and borrowing under the reinvestment and reform initiative. That does not allow for any additional funding to be secured or raised.

The Secretary of State has been at pains to say that this is not direct rule and that it is simply allowing the Northern Ireland civil service to be allocated the funding as it believes has been agreed by the Department, but I believe there is no scope for political representation to change minds or to bring new information to light—some of my hon. Friends have referred to that. We are left with little accountability, which has previously been a huge problem in Northern Ireland.

I ask the Under-Secretary, in the absence of the Secretary of State, how the Government intend to ensure that this interim measure does not prevent worthy projects —I have named a number—and the groups involved from getting funding, as they would have under the guidance of a Minister, had one been in place.

I know that few answers can be given at this stage, but the truth is that people need answers. My constituents need answers and they need certainty. All our constituents need those things. Unlike those who are notably absent, the DUP, the biggest voice of Unionism, is willing to work with the Government to bring about stability. That is important for the areas of health and education, but stability is also necessary in non-ring-fenced areas. We are looking to the Secretary of State and to the Government to provide it. The time is fast approaching when they will have to take firmer steps to deal with the issue of blatant non-compliance by Sinn Féin.

Oral Answers to Questions

David Simpson Excerpts

Wednesday 13th September 2017 Commons Chamber

[David Simpson (Upper Bann) (DUP)]

Thank you, Mr Speaker. I am sure the Minister agrees with me that when Northern Ireland achieves the status of 12.5% corporation tax, along and combined with our industrial strategy, our skills base and productivity, we would be ripe for a powerhouse initiative.

[Chloe Smith]

There are two things to say. First, we would like to see additional economic co-operation within Northern Ireland—namely, the possibility of there being city deals. Secondly, the hon. Gentleman’s comments about corporation tax clearly remind us that we need to work towards the restoration of an Executive who can take such decisions for the good of the people of Northern Ireland.

Criminal Law (Northern Ireland)

David Simpson Excerpts

Wednesday 5th July 2017 Commons Chamber

[Chloe Smith]

I welcome my hon. and gallant Friend’s experience being brought to bear on this debate. He is right. I was just about to talk about the circumstances in which non-jury trials are appropriate, and will come on to that very point about the intimidation of those involved in the justice process. He will also be aware of some other jury reforms that have been implemented administratively; I hope to see them succeed.

[David Simpson (Upper Bann) (DUP)]

With the information she has outlined, the Minister is making the case for the system’s renewal very well. Does she agree that it is essential for all sections of the community in Northern Ireland to support the security forces and the work that they do?

[Chloe Smith]

Yes, I do. We are talking about a threat that goes across all communities and the wider public, and I hope I have begun to make that clear.

I shall explain the precise ways in which justice is threatened and what the measures before us are for. Non-jury trial provisions are available in exceptional circumstances in Northern Ireland, when a risk to the administration of justice is suspected—for example, jury tampering, whereby intimidation, violence or the threat of violence against members of a jury could result in a perverse conviction or acquittal.

The Director of Public Prosecutions for Northern Ireland may issue a certificate that allows a non-jury trial to be held in relation to any trial on indictment of a defendant, and anyone tried with that defendant, if it meets a defined test that falls within one of four conditions: first, if the defendant is, or is an associate of, a member of a proscribed organisation whose activities are connected with the affairs of Northern Ireland, or has at any time been a member of an organisation when it was a proscribed organisation; secondly, if the offence was committed on behalf of a proscribed organisation, or a proscribed organisation was involved with or assisted in the carrying out of the offence; thirdly, if an attempt was made to prejudice the investigation or prosecution, by or on behalf of a proscribed organisation, or a proscribed organisation was otherwise involved with or assisted in that attempt; or, fourthly, if the offence was committed to any extent, directly or indirectly, as a result of, in connection with or in response to, religious or political hostility.

A case that falls within one of the four conditions will not automatically be tried without a jury, because the DPP must also be satisfied that there is a risk that the administration of justice might be impaired were a jury trial to be held. For those with a historical view, I should be clear that this is not a Diplock system—this is not the system that pertained before 2007. There is a clear distinction between the current system and the pre-2007 Diplock court arrangements, under which there was a presumption that all scheduled offences were tried by a judge alone. In Northern Ireland today, there is a clear presumption that a jury trial will take place in all cases.

In line with the commitments made in Parliament in 2015—before the July 2017 expiry date that necessitates our being here today—the Secretary of State held a full public consultation on whether non-jury trial provisions should be extended. The consultation concluded in February this year. It received a total of 10 responses from a range of interested individuals and groups in Northern Ireland.

--- Later in debate ---

[Stephen Pound]

That is a little bit above my pay grade. I shall certainly speak to my party leader and make sure that he sends a note to the hon. Lady, of whom he is very fond.

This is my third trot around the paddock with this subject. In June 2013, when the right hon. and gallant Member for Hemel Hempstead (Mike Penning) was the Minister, we managed to deal with it in seven minutes. In July 2015, when the right hon. Member for Wyre and Preston North (Mr Wallace) was Minister, sadly it took us 22 minutes. I am in no way implying that we are on a particular scale, but I think that it is important, in view of some of the new evidence we are discussing today, that we take a little time to consider the matter.

The role of the independent reviewer of the Justice and Security (Northern Ireland) Act 2007 is crucial. I wish to recommend David Seymour’s report to the House and express my gratitude to the Northern Ireland Office for making it available, and indeed for all the work it has done. The report is salutary. It actually states why the situation in Northern Ireland is so serious. I must say that I now know more about stop and search on the causeway coast and in the glens than I ever really wanted to.

[David Simpson]

I am glad that the Opposition support these measures. The hon. Gentleman will know that my constituency, which he has visited a number of times, has the highest level of dissident republican threat, and of course it was in my constituency that Mr Black was murdered, so he will know how necessary these measures are.

[Stephen Pound]

Absolutely. One of the things that strikes many of us when we visit Northern Ireland, apart from the staggering beauty of that part of the world, is the persistence of fear. I salute all public servants, elected and non-elected, who hold the line in Northern Ireland in the most horrendous circumstances. I pay tribute not only to the hon. Gentleman, but to Prison Officer Black, Adrian Ismay and so many others who have suffered.

The independent reviewer’s report, which is a solid body of work, should be studied. I am extremely glad that in future it will contain some oversight of the process. With regard to the only challenge to the DPP’s decision that has gone to judicial review and not been upheld, some people still feel that it is a closed process. When the PSNI goes to the DPP and applies for a certificate to be issued, the DPP quite rightly runs the template of the four tests over the application and makes a decision, but it does depend, to a certain degree, on the individual characteristics, intelligence and knowledge of the DPP. I think that DPP Barra McGrory has proven time and again that he is more than capable of that, but some people have suggested that there should still be some element of external examination and oversight.

I think that the Minister, in a very fine piece of parliamentary footwork and legislative improvement, has answered those objections. I have no way of knowing whether I will be at this Dispatch Box in two years’ time—if I am, it will probably be because I have not been promoted; if I am not, it will almost certainly be because I have been demoted—but if I am, I look forward to reading this. Indeed, even if I am not at the Dispatch Box, I will certainly read it anyway, just to see where we are with the situation.

I thoroughly endorse the Minister’s earlier points about the desire to see Northern Ireland’s devolved institutions up and running again. We know that the people of Northern Ireland deserve better than an impasse or a vacuum. We know that the quality of the elected representatives in Northern Ireland is such that they are more than capable of reaching such an agreement, and I look forward to them doing so very soon.

I reiterate the point made at the beginning about this being a reluctant piece of legislation. When we considered this in June 2013, the Minister at the time said on the record that the Government wished to see a return to full jury trials as soon as possible. That goes for all of us. We do not want to see criminal non-jury trials. They do not exist anywhere else in the United Kingdom—there may have been an increase in civil non-jury trials, but criminal non-jury trials do not exist anywhere else. They exist in Northern Ireland because of the difficult and exceptional circumstances there.

Northern Ireland (Ministerial Appointments and Regional Rates) Bill

David Simpson Excerpts

2nd reading: House of Commons
Monday 24th April 2017 Commons Chamber

[James Brokenshire]

The right hon. Gentleman makes a powerful and important point about the incredible job that the PSNI does, the contribution that it makes and what that often means for its officers. I have a huge amount of respect for their professionalism and the personal dedication that they bring. I am sure the whole House would wish to underline that message of support for the incredible job that they do.

Moving on to the Bill, I have updated the House twice on the political situation in Northern Ireland in recent weeks: in my oral statement on 28 March and in my written ministerial statement last week. On both occasions, I set out that I would seek to bring forward legislation with two aims in mind: to provide the legal basis for an Executive to form, and to set a regional rate to enable that important source of revenue to be collected. As we approach the final week of this Parliament, now is the right time to deal with both those matters, in order to provide greater certainty for the people of Northern Ireland and to provide the opportunity for the parties to come together to secure the resumption of devolved government.

The background leading up to the introduction of the Bill will be familiar to many in the House. The collapse of the previous Executive in January placed a duty on me to set a date for a further election. I did so in January, and the election itself was held on 2 March. Since then, the UK Government have been engaged in talks with the political parties and, as appropriate, the Irish Government, in accordance with the well-established three-stranded approach. The talks have had one clear purpose: to re-establish an inclusive, devolved Administration in line with the 1998 Belfast agreement and its successors. Progress was made on several fronts during that phase on the formation of an Executive, including the budget and programme for government.

There was progress on legacy, too. Constructive discussions took place with all the parties on the detail of the legacy institutions set out in the Stormont House agreement and on the need to reform legacy inquests. Although no one will underestimate the challenge of addressing the legacy of the past, the proposals are now sufficiently developed that the next step should be to publish them for consultation. That way, we can listen to the views of victims and survivors and all those who will be most affected by the proposed new institutions.

Despite the progress that was made, there remains a defined number of outstanding issues on which there is a lack of agreement between the parties, and it was clear that a period of reflection was necessary to give the impetus for the discussions to conclude positively. It was with that in mind that the talks were paused over Easter. Since then, meetings have continued between the parties. The restoration of devolved government remains achievable, and it remains the absolute priority. It will, though, require more time and more focused engagement by the parties on the critical issues that remain, building on the discussions over the past seven weeks. The Bill would provide the space, and the opportunity, for the parties to do just that. We will remove the current legal barriers so that the Assembly can meet and an Executive can be formed at any point from Royal Assent to 29 June—three weeks after the general election.

We recognise that there will be focus on the general election, which is why the Bill provides parties with the scope and space to continue discussions to resolve their outstanding issues, while providing a period of reflection for the new Government if a deal still does not prove possible. That said, it remains highly desirable for the parties to continue to work to make progress quickly for the reasons that I have set out, and this Bill does not preclude the formation of an Executive sooner if the parties wish that to happen. That is an important point. In passing this Bill, we make it clear that the responsibility now lies with the parties to come together and make progress, and as I have indicated, I strongly believe that that can still happen. We have removed the legal barrier to progress, enabling an Executive to form without the need for a further Assembly election. If the parties have the will to make progress between now and the end of June, the platform is in place for them to do just that. In the meantime, we should not lose sight of the benefits that an agreement would have for the people of Northern Ireland. I am sure that that will be the hope of those voters who gave the parties a mandate on 2 March.

I pay tribute to the Opposition for their constructive and positive engagement in the process leading up to the introduction of this Bill. I pay particular tribute to the hon. Member for Blaydon (Mr Anderson) who may be making his final appearance at the Dispatch Box as shadow Secretary of State for Northern Ireland. Despite our broader political differences, I thank him for the overall support that he and his party have given me since I became Secretary of State in July. Northern Ireland undoubtedly benefits from the broadly bipartisan approach that we take in this House and, whatever the result of the general election, I hope that that will always continue. I wish him all the very, very best for the future. I know that his presence will be missed by many across this House who will wish him well in whatever new opportunities and new challenges he takes forward.

Moving to the substance of the Bill, clause 1 would remove the present legal barrier to an Executive being able to form to implement any deal that has been reached. It would retrospectively reset the 14-day clock in the Northern Ireland Act 1998, which expired on 27 March, with a 108-day period, removing the present duty on me to set a date for an election, with it arising again at 4 pm on 29 June if an Executive have not been formed by that point. This will provide the space for an Executive to form, and makes it clear that the responsibility for progress lies with the parties—indeed that duty to form an Executive and appoint Ministers in that process. As necessary, it would provide a period for further talks in the new Parliament, allowing all sides to take stock and move forward if a deal is not already in place. It would also mean that, if a deal is not struck, there is a period for the new Government properly to consider the way forward. That is important. In the absence of a deal, significant decisions will need to be made in the new Parliament to provide political stability in Northern Ireland. However, it will be for the parties to seize the opportunity, whether in the coming weeks or soon after, to deliver the Executive that they have so clear a mandate to secure.

I have mentioned the two acute issues of financial uncertainty caused by the lack of an Executive. The first is the absence of a 2017-18 regional rate, which represents more than 5% of the total revenue available to the Northern Ireland Executive. Normally, this would have been set by the Department of Finance earlier this year, via an affirmative rates order in the Assembly. That would have enabled bills to be issued in 10 instalments, giving certainty to ratepayers and allowing various payment reliefs to be applied. However, time has nearly run out for that course. If no rate is set in the next few days, there will be fewer bills in higher instalments, and the longer it takes to set a rate, the worse that situation will become. The only outcome would be bad debt, lost revenue, uncertainty and hardship.

Although we are clear that this is a devolved matter, we are also clear that only the UK Government can take action to secure the interests of individuals, businesses and indeed the Executive. Clause 2 would address the issue by setting a 2017-18 regional rate in Northern Ireland. It does so by setting “pence per pound” rates for both domestic and non-domestic properties. These rates represent a 1.6% inflationary increase, the same approach as was taken by the Executive in setting a rate the year before. As we make clear in subsections (4) and (5), it would not cut across the continuing right of the Executive to set a rate by order in the usual way, so this would be the most limited step available to us, taken at a point beyond which we cannot delay.

[David Simpson (Upper Bann) (DUP)]

The Secretary of State is outlining very well the business that this House may have to do and the business that he has to do today. But does he accept that we would not be in this place were it not for the arrogance of Sinn Féin, who walked away from the Executive and left Northern Ireland in the predicament we are in today?

[James Brokenshire]

What I can say to the hon. Gentleman is that in the recent election a clear mandate was set for the resumption of an inclusive devolved Government in Northern Ireland, and the focus needs to lie on that, on getting the Executive back into position and on dealing with the differences between the parties in Northern Ireland. We should all feel a responsibility for seeing an Executive back in position, working to serve the best interests and needs of the people of Northern Ireland. Ultimately, that is where our absolute and resolute attention should lie.

For completeness, although it is not covered in the Bill, I should say that the second financial matter is the lack of a 2017-18 budget. Its absence has meant that since the beginning of this month civil servants alone have been in charge of allocating cash, which is clearly not an acceptable solution for the longer term. Before Easter, therefore, I made it clear that I would provide further assurance in that regard if an Executive were not in place, consistent with the UK Government’s ultimate responsibility for political stability in Northern Ireland, so I wish to take this opportunity to provide further clarity to people, businesses and public services in Northern Ireland.

We very much hope, as I have said, that we will see an Executive up and running as soon as possible, but if that does not prove possible, I want to put on record that this Government would be prepared, as a last resort, to pass an Appropriation Act in the next session to provide legislative authority for the expenditure of Northern Ireland Departments. That is not a step that any Government would take lightly, but this House must not forget the duties we must uphold for the people of Northern Ireland.