Northern Ireland (Executive Formation) Bill
Debate between Dominic Grieve and Baroness Winterton of DoncasterTuesday 9th July 2019
(5 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 9 July 2019 - (9 Jul 2019)
The Second Deputy Chairman
With this it will be convenient to discuss the following:
Clause 2 stand part.
Amendment 14, in clause 3, page 2, line 13, leave out “21 October” and insert “4 September”.
This amendment would bring forward the date for a progress report to 4 September 2019.
Amendment 8, page 2, line 13, after “report” insert
“and make an oral statement to Parliament”.
Amendment 6, page 2, line 15, at end insert—
“(1A) The report under subsection (1) must include a report on progress made towards protecting veterans of the Armed Forces and other security personnel from repeated investigation for Troubles-related incidents by introducing a presumption of non-prosecution, in the absence of compelling new evidence, whether in the form of a Qualified Statute of Limitations or by some other legal mechanism.”
The subsection would include placing a duty on the Secretary of State to report on the options available to ensure that veterans of the Troubles would be able to assist in a truth recovery process, for the benefit of bereaved families, without fear of prosecution.
Amendment 7, page 2, line 15, at end insert—
“(1A) The report under subsection (1) must include a report on progress made towards developing new prosecution guidance for legacy cases of Troubles-related incidents by the Attorney General for Northern Ireland to take into account whether or not the person who allegedly committed an offence had the means to do so because that person had been lawfully supplied with a deadly weapon, with a presumption in favour of prosecuting in cases where a person who has allegedly committed an offence had the means to do so because that person had been unlawfully supplied with a deadly weapon.”
The subsection would place a duty on the Secretary to State to report on progress made towards a new prosecution guidance taking into account whether or not the person who allegedly committed an offence had been lawfully armed.
Amendment 15, page 2, line 15, at end insert—
“(1A) The Secretary of State shall make a further report under subsection 1 on or before 9 October 2019 at least every fourteen calendar days thereafter until either an Executive is formed or until 18 December 2019, whichever is the sooner.”
This amendment would require fortnightly reports to be made after the conference recess until an Executive was formed, or until the December recess.
Amendment 18, 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 confirming the application of the Armed Forces Covenant in the provision of public services in Northern Ireland.”
The subsection would include placing a duty on the Secretary of State to report on the preparation of legislation confirming the application of the Armed Forces Covenant in Northern Ireland.
Amendment 19, 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 whether the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (Order No. 2953 (N.I. 17)) should be revised to apply only to a person who is injured or affected wholly through the actions of another person.”
The subsection would include placing a duty on the Secretary of State to report on the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006.
Amendment 21, page 2, line 15, at end insert—
“(1A) The report under subsection (1) must include a report to be published on or before 4 September 2019 on progress made in Northern Ireland on—
(a) the law on gaming machines;
(b) the law on online gambling;
(c) the number of people who are seeking treatment for problem gambling;
(d) the services available to people seeking problem gambling; and
(e) the level of support from the gambling industry for problem gambling.”
The subsection would include placing a duty on the Secretary of State to report on various matters related to the law on gambling in Northern Ireland and support for those experiencing problem gambling.
Amendment 22, page 2, line 15, at end insert—
“(1A) The report under subsection (1) must include a report to be published on or before 4 September 2019 on progress on the use of discretionary powers to provide assistance and support under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. The report must cover—
(a) how many times the Department has decided it is necessary to provide assistance and support for victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking in human beings;
(b) the reasons the Department has decided it is necessary to provide assistance and support for victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking in human beings; and
(c) the immigration status of those victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking in human beings who are receiving assistance and support beyond the relevant period.”
The subsection would include placing a duty on the Secretary of State to report on the assistance and support offered to victims of human trafficking in Northern Ireland from receiving a conclusive grounds decision.
Amendment 23, page 2, line 15, at end insert—
“(1A) The report under subsection (1) must include a report on progress made in preparing legislation to extend the reporting requirements of donations to political parties in Northern Ireland to all donations made after 1 January 2014”.
Amendment 24, page 2, line 15, at end insert—
“(1A) The report under subsection (1) must include a report on progress made in preparing legislation to make provision to recognise coercive control and stalking in Northern Ireland”.
Amendment 16, page 2, line 16, leave out “the report” and insert
“any report under this section”.
This is a consequential amendment.
Amendment 17, page 2, line 16, at end insert—
“(2A) A Minister of the Crown must, within the period of two sitting days beginning with the day on which a report under this section 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 three Commons sitting days beginning with the day on which the report under this section 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 three Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.
(2B) 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 amendment would require progress reports to be debated.
Clause 3 stand part.
Clause 4 stand part.
New clause 11—International obligations: oral statement—
“In the absence of Northern Ireland Ministers to address the matters identified by 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, the Secretary of State for Northern Ireland must make an oral statement to the House of Commons on progress on implementing recommendations in accordance with section 26(1) of the Northern Ireland Act 1998.”
New clause 12—Requirement on Secretary of State—
“If an Executive is not formed by 21 October 2019, nothing in this Act shall remove the requirement on the Secretary of State set out in section 26(1) of the Northern Ireland Act 1998 to direct action in the absence of ministers to ensure that all Northern Ireland departments comply with international obligations, and in particular the recommendations made by 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.”
New clause 15—Northern Ireland: Armed Forces Covenant—
“(1) The Secretary of State must make regulations to confirm the application of the Armed Forces Covenant in the provision of public services in Northern Ireland.
(2) Regulations under this section must be in force no later than 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 the regulations under this section come into force, any regulations made under this section and any extant obligations arising under subsection (1) shall cease to have effect.”
This new clause would require UK secondary legislation to confirm the application of the Armed Forces Covenant in Northern Ireland.
New clause 16—Armed Forces Covenant 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 preparing legislation confirming the application of the Armed Forces Covenant in the provision of public services 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 18 on a report on progress made towards preparing legislation to confirm the application of the Armed Forces Covenant in Northern Ireland.
New clause 17—Northern Ireland: Definition of victim—
“(1) The Secretary of State must make regulations to amend the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (Order No. 2953 (N.I. 17)) so that the definition applies only to a person who is injured or affected wholly through the actions of another person.
(2) Regulations under this section must be in force no later than 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 the regulations under this section come into force, any regulations made under this section and any extant obligations arising under subsection (1) shall cease to have effect.”
This new clause would require UK secondary legislation to amend the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006.
New clause 18—Definition of victim: 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 whether the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (Order No. 2953 (N.I. 17)) should be revised to apply only to a person who is injured or affected wholly through the actions of another person 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 19 on a report on whether the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006 should be amended by UK secondary legislation.
New clause 20—Law on gambling and support for those experiencing problem gambling 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 gambling in Northern Ireland 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 the amendment 21 on a report on progress made on the law on gambling in Northern Ireland and support for problem gambling, and provides for the report to be debated in Parliament.
New clause 21—Assistance and support for victims of human trafficking 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 assistance and support for victims of human trafficking in Northern Ireland 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 the amendment 22 on a report on progress made on the law on gambling in Northern Ireland and support for problem gambling, and provides for the report to be debated in Parliament.
Mr Dominic Grieve (Beaconsfield) (Con)
Thank you, Dame Rosie; it is a pleasure to participate in this debate and to raise with the Committee, at this stage, potential amendments to the legislation that I think are capable of improving it for Northern Ireland, as well as for our country as a whole.
I was a little bit startled when I read a tweet by my hon. Friend the Member for Lewes (Maria Caulfield) in which she, first, described the amendments as “Shameful”, which is of course a matter of her opinion, and secondly, went on to say that I had no interest in Northern Ireland. All I can say is that, having been in the House for 22 years, I have acted as a spokesman on Northern Ireland matters when we were in opposition; I served for six years, I think, on the British-Irish Inter-Parliamentary Body; I was chair of the Conservative Back-Bench committee on Northern Ireland in my early years in the House; I participate actively in the British-Irish Association annual conference; and I try to make myself as frequent a visitor to Northern Ireland as I can, sometimes to give talks and lectures, or, indeed, to visit people, and on a number of occasions I have been there on holiday. Whatever my views may be and however much my hon. Friend may think that they are erroneous, I can absolutely assure her that I have Northern Ireland at heart. I am a Unionist and it matters to me very much indeed.
The position on the amendments is fairly straightforward. There is provision in the Bill for a report to be made to the House on how progress is being made on setting up the Executive. I greatly welcome this measure. I apologise to my hon. Friend for the fact that I was not able to be present for the debate yesterday, but it was a debate on a principle that I entirely supported. However, the measure on the report does not go far enough. Quite apart from anything else, we are at the eleventh hour when it comes to the possibility of setting up an Executive, which I believe is massively desirable for the interests of the people of Northern Ireland. It therefore seems to me to be extremely desirable for Members to provide some further impetus and scrutiny for that process, which is why I chose in amendments 14, 15, 16 and 17, along with my right hon. and hon. Friends who support the amendments, to try to move and accelerate the process forward.
For example, amendment 14 would mean that, rather than the report coming back on 21 October, it would come back on 4 September. In addition, I chose to try to make provision for the close monitoring of the process thereafter by the House, by ensuring with amendment 15 that the Secretary of State would make
“a further report under subsection 1 on or before 9 October 2019”,
which is when we come back from the conference recess, and
“at least every fourteen calendar days thereafter until either an Executive is formed or until 18 December 2019, whichever is the sooner.”
Amendment 16 is consequential to that.
Amendment 17 would provide that, in addition to what I have outlined, and so that the House may have an opportunity to indicate how it feels the direction of travel should go and to encourage the Government in their endeavours, there are opportunities within
“two sitting days beginning with the day on which a report under this section is published”
for
“a motion to the effect that the House of Commons has approved that report to be moved”.
There is a similar provision for the House of Lords, which their lordships will of course wish to consider in due course. I believe the amendments provide a sensible package that can help to facilitate the setting up of a Northern Ireland Executive, which I dearly want to see.
It has been raised with me, and I entirely accept, that Brexit also features in this matter, and so it should. Brexit threatens Northern Ireland more than almost any other part of the United Kingdom. It threatens it economically; it threatens it in terms of its security; and it threatens it in terms of its cohesion. For all those reasons, we should as a House—particularly, I might add, those of us who consider ourselves to be Unionists—be exceptionally troubled by the current direction of travel. In particular, I cannot escape the fact that I have listened with astonishment to a number of references from people who may be holding high office in the near future, one of whom appears to think that proroguing Parliament to achieve Brexit is an acceptable form of activity for the leader of the Executive, when in fact it is a constitutional enormity and a gross undermining of democracy.
I freely admit that one of the purposes of these amendments is to try to ensure that this extraordinary threat of really an unprecedented character made against this House that we should be prorogued can be banged on the head. Furthermore, the fact that we should be sitting in October to consider these grave matters in relation to Northern Ireland is, in my view, a good reason why these amendments should be supported. I am mindful of the fact that a further amendment, new clause 14, has, for perfectly understandable reasons, not been selected at this stage of the proceedings because of the nature of its scope. It would have effectively provided—I want to make this point very briefly—that Prorogation could not take place, because when these statements and motions should be made and passed, the House would have to be sitting. That is desirable, because as we approach the crisis that is impending on 31 October, if this House wishes to approve a no-deal Brexit, then so be it, but it should be here to do just that, and not pushed into the margins, as some have suggested in this entirely unconstitutional fashion.
European Union (Withdrawal) Bill
Debate between Dominic Grieve and Baroness Winterton of DoncasterWednesday 15th November 2017
(7 years ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 15 November 2017 - (15 Nov 2017)
The Second Deputy Chairman of Ways and Means
Obviously I would not comment on the order of selection on the Floor of the House, but the Leader of the House is here and I am sure that she will have heard the hon. Lady’s comments.
Mr Grieve
It is a pleasure again to be able to participate in this debate.
The new clause in the name of the Leader of the Opposition raises a really important issue about the way in which the Government have approached the whole question of retained EU law. To be clear at the outset, and it is worth repeating, the Government’s aim—to bring EU law into our own law, retain it there to ensure continuity and then, over time, to take such steps as this Parliament wishes to take to replace it or change it—makes absolute sense. But as we discussed yesterday, the difficulty that arises is that the origins of EU law mean that it has come into the law of this country in ways that are totally different from our usual process of primary and secondary legislation. [Interruption.] Does my hon. Friend the Member for Stone (Sir William Cash) wish me to give way? I thought that he said something from a sedentary position.