Northern Ireland (Executive Formation and Exercise of Functions) Bill

Diana Johnson Excerpts

2nd reading: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Karen Bradley]

It is precisely because of the uncertainty since the Buick judgment that we are bringing forward this legislation. I do not want to be bringing this Bill forward; I would much rather not be standing here at this Dispatch Box, taking the Bill through the House, because I would much rather that there were Ministers in Stormont making the decisions on behalf of their constituents; but there are not, and faced with the reality of the situation, I have to do what I consider to be best for the people of Northern Ireland, to ensure that their public services can continue, and that civil servants can continue to take the essential decisions in the public interest that they need to take.

It is vital that Members read the guidance alongside the legislative measures, as it clarifies the legal basis for the decisions.

[Diana Johnson (Kingston upon Hull North) (Lab)]

I just want to be clear in my mind about what the Secretary of State is saying. I understand she is saying that there will be no change in policy and decisions will be made by civil servants in the Departments without changing policy. What happens when, in the absence of an Assembly and an Executive, there is a challenge to the policy—perhaps for being in breach of our international obligations? What happens then to the policy? Who is responsible then for dealing with that?

[Karen Bradley]

The hon. Lady introduced her ten-minute rule Bill yesterday, and I know she is a campaigner on a particular topic, which I suspect is what she is referring to. This Bill does not make civil servants lawmakers, so they will not be able to change the law—quite rightly. It also does not enable them to take new policy decisions, because it would be wrong to ask civil servants to do so. Civil servants across the United Kingdom act in an incredibly professional and independent way and they follow the decisions and the policy recommendations of Ministers, and it is right that they do that. The answer to the hon. Lady’s question is that we need Ministers in Stormont, because Ministers in Stormont could quite rightly make those decisions. They could change the law, and they could make policy decisions on behalf of the people who elected them, and that is what the Bill is about—enabling us to have the best conditions and framework for talks to recommence, and for the parties to come back together and do the right thing by the constituents who elected them.