Northern Ireland (Executive Formation etc) Act 2019 Section 3(2)

Emma Little Pengelly Excerpts

Monday 9th September 2019 Commons Chamber

[Julian Smith]

I think my right hon. Friend, who has spoken very persuasively on this issue for many years, makes some important points, but I return to the fact that the Government are looking at all these issues in our cross-Whitehall review.

In Northern Ireland, just as in England and Wales, prosecutorial decisions are made independently of Government. The Director of Public Prosecutions for Northern Ireland is not under the superintendence of the Attorney General for Northern Ireland. The Director of Public Prosecutions has a consultative relationship with the Attorney General for Northern Ireland, but the former cannot be compelled by the latter. This feature of the relationship between these key figures is an important component of the devolution settlement in Northern Ireland, and it is not within the UK Government’s powers to direct the Attorney General for Northern Ireland or the Director of Public Prosecutions for Northern Ireland. Members will be aware that what is central in these cases is not how an individual came to have a weapon, but what they did with it, and it is for the courts, not the Government, to determine innocence and guilt.

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

Does the Secretary of State accept that in Northern Ireland we have an abnormal situation, as all state-related deaths have been referred to the criminal justice system for examination? That does not happen elsewhere in the United Kingdom, so in those exceptional and abnormal circumstances, we need to find a solution to support those who served this country on the front line in Northern Ireland during the dark days of the troubles.

[Julian Smith]

I accept the hon. Lady’s point, but I return to the fact that the ways to achieve the sorts of things that she is discussing are much more complex.

The Government are committed to finding practical, sustainable and workable solutions to establish an improved system that works better for all and ensures that soldiers and former police officers who risk their lives to maintain peace and order and to keep others safe are treated fairly.

On abortion law, if an Executive is not formed by 21 October, the Government have a duty to make the necessary regulations. As I have set out, it is the Government’s preference that any questions of reform on these important, sensitive and devolved issues are considered in the right place by a restored Executive and a functioning Assembly. However, we recognise that a majority of MPs want to ensure that reform happens if we continue to see an absence of devolved government. From 22 October, the specific criminal law in Northern Ireland will fall away, and a criminal moratorium on prosecutions will come into place. I have instructed my Department, working closely with the Department of Health and Social Care and the Government Equalities Office, to develop an appropriate new legal framework that will be in operation by 31 March 2020 if that proves to be the case.

--- Later in debate ---

[Simon Hoare]

I am grateful to the hon. Lady for her intervention and pay tribute to the enormous amount of work she did on that important issue; she knows that she had my support in that endeavour. She points to another example of where, if we are to believe that “Conservative and Unionist”—Unionist is the key bit—is more than just a word on a badge or on the ballot paper we need to step up to the plate to demonstrate that we are serious. She draws proper attention to another issue where ordinary families in Northern Ireland are not able to rely on the support and the interventions of the state that others have. We have an active devolution settlement in Scotland and in Wales and the Westminster Parliament here; it is only Northern Ireland that, apart from a little bit of ad hoc direct rule, is subject to civil service managerial governance, because there is no political impetus.

I say very clearly to the two main protagonist parties, which have the fate of devolution for Northern Ireland in their hands, that if they do not step up to the plate pretty damn soon other parties will point to them and say, “You’ve tried them, they have failed, you now have to give us a chance.”

[Emma Little Pengelly]

If the hon. Gentleman has a discussion with his right hon. Friend the Secretary of State, his right hon. Friend will inform him that the Democratic Unionist party has put suggestion after suggestion on the table. I personally have put forward a number of suggestions. Sinn Féin remains adamant that it is not going back into government despite many genuine attempts by my party to get back in and deliver for the people of Northern Ireland.

--- Later in debate ---

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

It feels somewhat absurd that there is so much to say today regarding the reports, but so little time in which to say it. It is deeply frustrating because the people and representatives of Northern Ireland have so many things that they need to air and discuss, and that is being denied. We are currently in a situation of political turmoil across the United Kingdom, but that turmoil and turbulence are even worse in Northern Ireland due to the fact that there are no Northern Ireland institutions.

I want briefly to reiterate the offer that the Democratic Unionist party has made to Sinn Féin. Because of the exceptional circumstances that we find ourselves in, that offer is to go back into government immediately, not just with blind faith, but by agreement that we will enter into government and discuss the issues that we are currently discussing in this talks process and cannot get resolution on; and that, by agreement, if there is no resolution, then the institutions will fall. That offer is there to Sinn Féin, and we ask all political parties to urge them to take it.

There is no risk in the offer for Sinn Féin. We could get back into government, get on with talking about these issues and deal with the historical institutional abuse payments, the much-needed funds for severely injured victims, health, education and the real policies having an impact on people across Northern Ireland every day. That is the offer and I believe that it is an absolutely reasonable one. I ask Sinn Féin to consider it seriously, and everybody in this House and beyond to urge them to take it up. We live in exceptional times; we should be doing something exceptional to try to resolve the situation.