Northern Ireland (Executive Formation) Bill

Dominic Grieve Excerpts

Ping Pong: House of Commons
Thursday 18th July 2019 Commons Chamber

[Mr Speaker]

He has. We are deeply grateful to him.

[Mr Dominic Grieve (Beaconsfield) (Con)]

I have considerable sympathy with the right hon. Member for Belfast North (Nigel Dodds) and, indeed, with my hon. Friend the Member for Congleton (Fiona Bruce), who both expressed their concern that the House is legislating on Northern Ireland matters. As we have set up a devolved Assembly and Executive, many of the matters with which we are concerned today now are, or should be, the province of that Assembly and that Executive, but good governance cannot exist in the condition of paralysis. Indeed, what we have seen with the passage of this Bill is that this House—very properly, because it is our duty—is paying some attention to the vacuum that exists in the Northern Ireland context, not only in wanting to see an Executive set up but in looking in the meantime at areas where there are concerns about, for example, the law as it currently exists. It is an imperfect way of doing it, but it is not an illegitimate one now.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

rose—

[Mr Grieve]

Before I give way, let me just add that the House should be perfectly aware that I abstained on the amendments concerning abortion and same-sex marriage precisely for that reason, but I do not think that it is illegitimate of Members of this House to feel that the time has come to express a view in the absence of an Administration.

Let me turn to the issues relating to Lords amendment 1, which I support, and the amendment to it proposed by the right hon. Member for Leeds Central (Hilary Benn). We face an extraordinary situation. To do its business, the House has to sit. It is perfectly normal for the House to assert that it wants, at various times, to be able to consider issues, particularly in the Northern Ireland context, in which the situation changes rapidly. Yet we have been confronted with a most unusual situation: there is a suggestion that there would be periods when, for other reasons, we would be prevented from sitting. We are responsible for ensuring, or trying to ensure, good governance. I think that is why we have the portcullis as our symbol: we are supposed to be the protectors of the nation.

[Sir Oliver Letwin]

I hope my right hon. and learned Friend might be willing, particularly as he is a former Attorney General, to join me in stating specifically, for Pepper v. Hart purposes, that the intention of those who have been involved in the preparation of the amendment is uniformly to ensure that it absolutely and explicitly blocks the use of the prerogative power to prorogue our Parliament.

[Mr Grieve]

Yes, I am entirely happy to make that assertion, because when I realised that it was an issue, I also realised that it was a threat to the good governance of this country and, indeed, to the good governance of Northern Ireland in the run-up to setting up the Executive, which I very much hope will come into being very quickly. That is precisely why we have endeavoured to do it in a manner that is wholly compatible with the Meeting of Parliament Act 1797, as was pointed out, while making it clear that, in the particular context of this legislation, this House wishes to emphasise that Prorogation is not a reason why it should not be meeting to consider these matters on the day appointed.

For those reasons, I commend this amendment to the House, and I shall be supporting it. I also agree with what has been said by others that, if we do not make such an assertion in the light of the extraordinary statements that have been made about how our business might be conducted, our role as that protector of our democracy will be seen to be shot to pieces.