Northern Ireland: Security Situation

Emma Little Pengelly Excerpts

1st reading: House of Commons
Monday 21st January 2019 Commons Chamber

[Karen Bradley]

All city regions that apply for city deals must go through a process, but negotiations are ongoing, and work is being done by the Ministry of Housing, Communities and Local Government and the Treasury to ensure that the Derry and Strabane city deal can be delivered.

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

Last week I met representatives of the Department of Justice in Northern Ireland to discuss the fantastic job that police officers and the Prison Service do there in very difficult circumstances, in the face of the incredible threat posed by the terrorists. As the Secretary of State will know, they have not received a pay award for some years, unlike police and prison officers across the rest of the United Kingdom. One reason for that is the absence of any Minister, but another is budgetary. Will the Secretary of State undertake to do all that she can, particularly in the current budget round, to ensure that police and prison officers working in those conditions are given the reward that they deserve?

[Karen Bradley]

The hon. Lady is right to mention not just the PSNI and the security services, but the prison officers who are working under immense pressure and do a fantastic job. She is also right to highlight the decisions that need to be taken by Ministers in Northern Ireland with regard to public sector pay. The UK Government are currently undertaking budget-related work. There are restrictions and limits when it comes to what I can do as Secretary of State, because many of these matters are devolved, but I note the points that the hon. Lady raises.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Emma Little Pengelly Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Dr Murrison]

I am not really sure that that is the case. I refer the hon. Gentleman to the guidance, which I am sure he has now read. On the third page, the guidance states that particular weight must be given to any

“serious detriment to the public interest, public health and wellbeing”.

That seems fairly clearcut to me. I think that the Secretary of State will have got the sense of the House today on her being proactive in the guidance that she is able to issue.

[Emma Little Pengelly]

Some of the concern is that this is actually not that straightforward. The terms of reference that set up the Hart inquiry clearly said that what came after the findings was not a matter for the chair of the inquiry. There are issues and decision points in those recommendations. To use a quick example, Hart recommends legal aid or separate legal representation for each of the people coming forward to a redress board. That has never been agreed. There would be a huge cost and, in my view, a lot of bureaucracy with that approach. There are decision points in the recommendations that, as I understand it in terms of the guidance, could not be made by a civil servant, because there is no consensus at this stage on those matters. That is the complication, and that is why the Secretary of State needs to step in and make those decisions.

[Dr Murrison]

I do understand that. One point I made on Second Reading was that I was slightly disappointed that the Bill does not advance pretty much any of the recommendations we made in our report on the democratic deficit, published in May. Had it done so, there would be scope now for even more consultation, using formal structures, which may have assisted the implementation to which the hon. Lady rightly refers.

My right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) mentioned cannabis, which leads me on to healthcare—a matter that is of particular importance to my Committee right now, since we were at the Royal Victoria Hospital on Monday, where we took evidence from a number of service users. It is very clear from the guidance, which cites public interest and public health, that this matter is preying on the mind of Ministers.

It is a crying shame that there is no proper cancer strategy in Northern Ireland right now. There is one published in 2008, so it is out of date. We have a situation where, to pick one condition at random, the outcomes for prostate cancer are far worse in Northern Ireland than in the rest of the country. This is pretty clear. If we do not have a cancer strategy and we believe that a cancer strategy will be of assistance in improving outcomes, of course outcomes will be worse if one is not in place. To get a cancer strategy, we need some form of direction to civil servants to get on with it and, furthermore, to implement it.

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[Simon Hoare]

My right hon. Friend does not have a unique understanding of what happens in Northern Ireland. Many of us will have been to Northern Ireland, will know people in Northern Ireland and will have heard a variety of experiences and views.

I think we know how the media and social media will deal with this. This will be “Abortion has now been made legal in Northern Ireland.” For many that will be a welcome thing, but for others it will be the worst thing imaginable. Whichever side of the argument we sit on, I am firmly convinced that expectations have been artificially inflated, but I am not convinced by the arguments of the hon. Member for Walthamstow that new clause 7 would not fundamentally undermine the very foundations of devolution, with ramifications for both Scotland and Wales. We should resist this new clause.

[Emma Little Pengelly]

I am aware that time is short, so I will make a couple of short points.

Following on from the previous speeches, I urge everyone in the Committee not to support new clause 7 for a number of good reasons. First, this is a hugely controversial issue. Regardless of what Members think of my views, they must objectively accept that this is a controversial issue in Northern Ireland. This amendment has been tagged on to a Bill during its accelerated passage through the House. The fact I am standing here with just a couple of minutes to make these points emphasises that this is the wrong way to do it. I urge Members, regardless of their views on the substantive issue, to reject new clause 7, so that we can have proper consideration of this issue in this House or in any other more appropriate Chamber.

Secondly, there is the devolution settlement. The termination of pregnancies is presented by some, including in the Committee, as a very black and white issue—we are either supporting women, or we are against women—but the reality is that court cases in every country in the world, including in relation to the European convention on human rights, have found this to be a complex issue that is rightly for democratic institutions in each jurisdiction.

In the UK, termination of pregnancy is very clearly a devolved issue. I accept that there are some complications in relation to the legal cases, and it may be, for the first time, on very narrow grounds of life-limiting conditions—fatal foetal abnormality, and rape and incest, potentially—that this is ruled to be a human rights issue under the European convention on human rights. If that happens, it becomes a more complex issue, not just for the UK, but for all signatories to that convention, because there will be horizontal impacts from that type of decision. But in the first instance the courts have recognised that this is rightly for the relevant democratic body, which in this case is clearly the Northern Ireland Assembly.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Emma Little Pengelly Excerpts

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

[Karen Bradley]

Thank you, Mr Speaker. I could not have put it better myself.

The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) makes an important point, in that it is not the fault of Members of the Legislative Assembly that this is the situation. The MLAs I meet regularly want to get back to the Executive and the Assembly, and it is important we recognise that. I also want to put on record once again that I am of course not cutting the pay of any of the staff of MLAs. As we all know in this House, our staff work tirelessly for our constituents, as do the staff of MLAs. They are dealing with casework and constituency matters, and it is quite right that those staff should not be prejudiced against as a result of decisions taken by others.

During the period covered by the Bill, it will be necessary to provide Northern Ireland Departments with certainty about their decision-making powers. Clarity is needed on the decisions that they should or should not make. This follows a recent court ruling against a Northern Ireland Department’s decision to approve a major waste disposal and energy generation facility. The Bill clarifies that a senior officer of a Northern Ireland Department is not prevented from exercising departmental functions in the absence of Ministers during the period for forming an Executive, if the officer is satisfied that it is in the public interest to do so. The Bill also requires that I, as Secretary of State, should publish guidance about the exercise of departmental functions, as I will, of course. That includes principles that senior officers in Northern Ireland Departments may take into account when deciding whether or not to exercise a function, and they are required to have regard to that guidance.

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

I thank the Secretary of State for her engagement on this issue. It will come as no surprise to her if I mention the transport hub, which is in my constituency but of regional significance for Northern Ireland. Will she confirm that the decision hoped for before Christmas is the type of decision that can be made under the terms of this Bill by a senior civil servant in the relevant Department?

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[Karen Bradley]

This is a matter that I know the hon. Lady feels very deeply about, and it is the subject of one of the amendments tabled by my hon. Friend the Member for South West Wiltshire (Dr Murrison), the Chair of the Select Committee. The difficulty with the Hart recommendations, as the hon. Lady knows, is that they were laid after the Executive had collapsed, and that means we have no ministerial direction on which of the recommendations have cross-party support and which do not. Although, from my discussions with parties, it is clear that everybody wants some action to be taken, it is not clear that there is a consensus in favour of every recommendation. However, I am sure the hon. Lady will be relieved to know that David Sterling has written to me to say that he would like to consult on the recommendations, and I have thanked him for the fact that he is going to do so, because that is something that he can do as a civil servant. Even if he cannot make the final decision on which of the recommendations should be accepted, he can consult on how those recommendations would be implemented, and I welcome that decision.

[Emma Little Pengelly]

Issues relating specifically to the victims of historical institutional abuse, for whom I think we all feel huge sympathy, have been outstanding for a considerable time. The Assembly collapsed only about a week before the report was due to be published, and that date was known to everyone, but may I suggest that there are other options? For example, we could consider the contributions from the Roman Catholic Church and other institutions that were mentioned in the report. Some work could be done to establish the number of victims who may be able to come forward to claim compensation and redress. It might be possible to consult on a specific scheme, and, rather than just consulting on the recommendations, use the coming weeks and months to make constructive progress in trying to secure justice and redress for the victims.

[Karen Bradley]

The hon. Lady makes some interesting suggestions. This might be a topic on which we could engage a number of MLAs on a cross-party basis to try to identify where there may be consensus and where there may be recommendations, or other elements, that could be acted on.

The Hart report is an excellent document, and I pay tribute to Sir Anthony Hart, who did a tremendous amount of work. It is right that those victims should receive the justice that is appropriate for them, because they have suffered in a way that they should not have suffered, and all of us in the House feel strongly about that. However, I return to a point that I made earlier. The constitutional settlement is clear, and we cannot cherry-pick the matters about which we feel strongly, on whatever grounds, as matters with which we deal in the House. We have to respect that constitutional arrangement because not to do so would undermine a devolution settlement throughout the United Kingdom, and that would not be the right thing to do.

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[Gavin Robinson]

I intend to speak, Mr Deputy Speaker, but you knew that anyhow.

I say respectfully to the hon. Lady—an honourable Lady in name and nature—that that is a fair question, but if she follows the logic of what I am saying, she will see that it is not one for us. We want to see the restoration of an Executive. We have indicated no red lines. We made an offer of an olive branch last August, and it was rejected in 35 minutes; it was not considered. We have the clearest of clear indications from Sinn Féin that it does not envisage having Ministers appointed until April 2019. It is a disgrace, and it bears no resemblance to the needs, the frustrations, the angst, the wishes or the aspiration of every single person who lives in Northern Ireland.

I have mentioned that this Bill lacks certainty. That is a product of the way in which it is framed, and the Secretary of State has sought to issue guidance. It is right that the civil service has been empowered to advance decisions that are couched within the public interest. However, I have no certainty whether a planning decision for the power plant envisaged in my constituency will be advanced by civil servants. Why is it necessary? Because some of our older power stations are coming offline. There is a need for this planning approval to be given so that the power station can form part of a capacity auction this autumn for future years. If it is not advanced, we will be in a difficult situation in Northern Ireland. The same can be said for the north-south interconnector. It is a necessary part of infrastructure that we support—we think it is imperative for the future of our energy arrangements—yet there is no certainty that this Bill will advance a decision on the north-south interconnector.

My hon. Friend the Member for Belfast South raised the transport hub in the south of the city. It is an important project that has regional significance in that it connects every part of Northern Ireland to our city. It has significant public resource allocated to it, and it will be necessary for the future development and aspirational growth of Belfast city and Northern Ireland. Is there any certainty that this Bill will advance that decision? Regrettably, there is none. Professor Bengoa—

[Emma Little Pengelly]

Will my hon. Friend give way?

[Gavin Robinson]

You know I have to do so, Mr Deputy Speaker.

[Emma Little Pengelly]

I will be brief. My hon. Friend referred to the uncertainty about the transport hub in Belfast. Does he agree with me that senior civil servants should heed what has been said today by the Secretary of State? Given the consensus about this issue, there are clear indications that this is very much the type of decision that could be made and in fact, from my point of view, should be made under this guidance.

[Gavin Robinson]

Absolutely right. Mr Deputy Speaker, we gave time to my hon. Friend, but we have saved time on what I was about to say. This is an important point and such civil servants should take cognisance of their ability to make these decisions, and they should make these decisions.

Very helpfully and importantly, paragraph 10(c) of the guidance outlines that NICS departmental officials are encouraged to

“continue to advance preparatory work”

up to the point at which a ministerial decision would be required. That goes some way to addressing the point made by my right hon. Friend the Member for East Antrim (Sammy Wilson). No longer can a departmental official say, “I’m sorry, we can’t advance that project or strategy, consider an alternative or engage with interested groups because we don’t have a Minister”; they can, and I think that is crucial.

As a constituency representative for Belfast East, I look to the regional stadium development fund as a prime example. The Executive agreed that they would spend £36 million on stadium development. Strand 1 of that scheme said there would be £10 million for a football club in my constituency—Glentoran football club. Officials say they cannot advance it because they do not have a ministerial decision. Well, of course they can, because it is an Executive priority, it is agreed, the consultation has been issued, the consultation responses are back, the consultation responses have been appraised by officials and they know exactly the direction of travel. Preparatory work still needs to be concluded, particularly with the Irish Football Association on the funding matrix for such a development, and that work should continue.

Transparency needs to be at the heart of this Bill. I was therefore pleased to see in paragraph 15 of the guidance a requirement on departmental officials in Northern Ireland to report to the Secretary of State monthly on any decision that has been taken under the Bill. That is really important, and it goes to the heart of transparency of government. The notion that senior civil servants could take decisions and not tell the people or that they could fail to take decisions that we know remain outstanding is one that is well worth consideration. I am pleased to see that that is included in the guidance.

There is a whole other issue that should have featured as part of this Bill. I look to the Minister to see whether he can give any comfort on this issue at all. We have no legislative forum in Northern Ireland. This is the only legislative forum in this country that can legislate on behalf of Northern Ireland, and every week, Bills go through this place that could and should be extended to cover Northern Ireland: issues that are not controversial; issues that do not cause difficulty between political parties; and issues that are normal and run of the mill. It is important that they are progressed and that we in Northern Ireland do not lose the opportunity for legislative change. We do not have any certainty that the ad hoc procedures and ad hoc approach to the inclusion of Northern Ireland in England and Wales legislation and the extension of that legislation to Northern Ireland will take place. That leaves us in a ridiculous situation. We are asked to come here and vote on issues that affect the people of England and Wales and yet not get any progress for the constituents that send us here. It is not right.

The Under-Secretary of State for Health and Social Care, the hon. Member for Winchester (Steve Brine), had the courage to include Northern Ireland in non-branded medicines cost regulations back in March. He said that he sought a legislative consent motion, but there was no Northern Ireland Assembly. None the less, it was the right thing to do, and it was in the public interest to include Northern Ireland. Yesterday, the Civil Liability Bill should have included Northern Ireland. Animal welfare changes that have been brought forward by the Department for Environment, Food and Rural Affairs should include Northern Ireland. In Westminster Hall, in debate after debate, we ask Ministers whether the Government will extend the same provisions in the absence of an Assembly to cover Northern Ireland, and they say that they cannot because it is devolved. I invite the Minister, if he can provide comfort for us now or later in his summation, to outline the steps that we can achieve to make sure that there is certainty that, when a legislative vehicle gives the opportunity to extend something sensible to Northern Ireland, we seize that opportunity.

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[Sir Mike Penning]

I will not give way to the great Lady, simply because I know so many other colleagues wish to speak in the debate.

The Bill worries me. I worry how amendable it is, which could impose things on Northern Ireland that are devolved matters. I accept that the Assembly is the right place. In a perfect world, I would like to see no abortion, but we do not live in a perfect world. We have abortion legislation here, and I was on the Opposition Front Bench during the passage of the Human Fertilisation and Embryology Act 2008—a really difficult Bill—and we had a long debate about abortion. I personally think that a woman’s choice is important and we should allow abortion, but I would like to reduce the length of time in which the foetus can be aborted. However, it would be fundamentally dangerous to impose a decision made here on Northern Ireland when it is a devolved matter. I personally think that it should happen in Northern Ireland, but that is for the politicians who were duly elected there to deal with. If the amendment is passed today, it will cause chaos and division in Northern Ireland, and I shall vote against it if it is selected.

I have to say to those on the Front Bench that I have told my Whips that if that amendment were to be in the Bill, that is one reason why I would not be voting for the Bill later. But there is another reason, which is just as important. A whole group of veterans made Northern Ireland safer than it was when we went in. Many Members of this place have served in Her Majesty’s armed forces and been decorated for it. I find inconceivable the way that a British Conservative Government are dealing with British ex-servicemen. Years and years after we served and after the investigations have taken place, we are being treated like we were terrorists. That is the way we feel.

I first went to Northern Ireland in 1975, and Captain Robert Nairac, who sadly passed away there—we think, although we still do not know the exact facts of what happened to Robert—was my captain. I am surrounded by people saying to me, “Why are you”—this Government, this House—“not protecting me, rather than letting me be dragged back to a court in Northern Ireland for something that was finished years ago and of which I was found not guilty?” That form of double jeopardy is fundamentally wrong and it should be covered in this Bill. The Bill is concise and capable of containing that protection. I raised this matter at business questions last week, and the Leader of the House, in good faith, told me to go and speak to the Ministry of Defence. It has nothing to do with the Ministry of Defence; it is to do with the Northern Ireland Office and the Prime Minister, and that is the most important thing.

[Emma Little Pengelly]

As has been mentioned a number of times in this House, this week marks the 25th anniversary of the Shankill bomb. The person responsible for that was convicted in a court of law, but was released under the terms of the Good Friday agreement after serving just seven years for the murder of nine innocent civilians, including two children. That is absolutely appalling. Does the right hon. Gentleman agree that it is grotesque that Sinn Féin, who defended that and fought for early release of those murderers from prison, is now going after those soldiers who were in Northern Ireland to defend, to protect and to do their job?

[Sir Mike Penning]

I completely agree with the hon. Lady. Sinn Féin see their people who were doing those atrocities as combatants. They were part of their army; that is why they called them what they did. But they do not look at our veterans in the same way; actually, I think they look at them with derision. I served with Catholics from Belfast in the Army, and they could not go home—certainly, if they did, they could not tell anyone what they were doing. When I was in basic training, many of them stayed with me, with us, because they felt that they could not go back, even though they were Unionists and they wanted to serve in the British Army. Many people from the south served in the British Army. We have police officers from the Republic now who are serving in the police force in Northern Ireland. That is the sort of thing we had, but we still do not have peace.

What peace do we have in Northern Ireland? We have touched on this, and on the murders of prison officers. When I was the Minister there, David Black was shot with a weapon that most people in Northern Ireland know was an AK47, from the Gaddafi era, that was supposed to have been placed out of use and out of everything. He was shot on the M1 going to work. What sort of peace is that?

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

I will try to be relatively brief, because my hon. Friend the Member for Belfast East (Gavin Robinson) has made a fantastic speech in which he articulated many of the issues that I wanted to touch on. I am also conscious that my hon. Friend the Member for Strangford (Jim Shannon), who is sitting behind me, is keen to speak and to have sufficient time to articulate his issues, and I do not want to disappoint him in that regard.

I want to talk about the specifics of this legislation. I echo the words of my hon. Friend the Member for Belfast East in thanking the team at the Northern Ireland Office and the ministerial team for all their work and for the help they have given to me and the Democratic Unionist party team to enable us to understand better the issues in the Bill. They also gave us the space to raise our concerns and issues, some of which I will touch on today.

As already articulated, this Bill is not a perfect solution. In fact, I would go so far as to say that it is far from a perfect solution, because it is so limited in what it can actually do and in the powers that it gives to senior civil servants. The context of course is that that is also difficult and troubling, because giving such powers has at its heart a democratic deficit that goes to the centre of British constitutional democracy. I will touch on that again later, not least because it is almost unprecedented in decision making in any part of our United Kingdom.

Throughout the process, from the first suggestion of this approach, the ministerial team in the Northern Ireland Office will be aware that DUP Members have expressed disappointment over the ambition of the proposals. That disappointment arose not because the Secretary of State was keen to ensure that some decisions can happen in Northern Ireland, but because putting Northern Ireland back into a pre-Buick but post-collapse position is insufficient. The legislation gives only limited scope for decision making by senior civil servants, about which the Secretary of State was frank and clear, but I am grateful that there are some exceptions, although they are small, covering planning and big investment decisions when they are non-controversial and enjoy a broad consensus and when decisions are clearly in the public interest. I put it on the record again that I welcome the Secretary of State’s clarity that a decision like that on the transport hub, which is of regional significance and critical to Northern Ireland’s economy, can be made under the terms in the legislation.

However, I share the sentiments of the hon. Member for Chelmsford (Vicky Ford) that it is extremely disappointing that we are where we are. This is not where any of us want to be. I do not want to go into great detail, but it is worth reminding ourselves of how we have reached this point. My DUP colleagues have already articulated our frustration, because we want to get back into government to work and to deliver for the people of Northern Ireland. My colleagues who are Members of the Legislative Assembly were elected to do that job, but they cannot. They, like Members of every other party, are frustrated from entering the Northern Ireland Assembly and the Northern Ireland Executive by one party, but one of the frustrating things about the process thus far has been the tendency by many to look at all the parties in Northern Ireland and say, “You’re all as bad as each other. You’re all holding back progress. Why don’t you just get on with it and get back into government?”

[Bob Stewart (Beckenham) (Con)]

I was here for most of the first part of the debate, but I had to be away to attend a Committee. I just want to agree with the hon. Lady. Only one party is stopping Stormont reconvening, and it is Sinn Féin. It is in Sinn Féin’s interest to screw up—I use that phrase advisedly—the whole idea of Northern Ireland being self-governing, and it will continue to do that. I suspect that we will still be here arguing like this next year. I wish that the situation were not like this, because Northern Ireland is a great place. One party—Sinn Féin—is ruining what should be happening.

[Emma Little Pengelly]

I thank and agree with the hon. Gentleman.

I came in to work for and with Government back in 2007 on the restoration of the Northern Ireland Assembly. I was an adviser in the office of the First Minister, and I worked closely not only with our DUP team, but with the Sinn Féin team. Back in 2007, that was challenging, because the office of the First Minister and Deputy First Minister is a joint office. Part of my job was to advise the First Minister and try to get agreement on a range of issues to be signed off by the Ministers in the relevant Department. What did that mean in practice? It meant that every letter and every policy—everything that went out of the Department—had to be agreed between the DUP and Sinn Féin. I was one of the people charged with seeking those agreements for ministerial sign off.

I say this today not because of any blind hatred or opposition to Sinn Féin, because we worked the system, and we worked it hard, to try to deliver on behalf of everyone in Northern Ireland. We had to make very difficult compromises, decisions and agreements to make devolution work in order to try to stabilise the peace.

It was therefore particularly disappointing when the collapse happened, and I recognise all those people across all parties, including Sinn Féin, with whom we worked to try to make Northern Ireland work. It is in that context that everyone here, including on the Labour Benches, should be clear about who is causing there to be no government in Northern Ireland today. We would go back into government tomorrow morning. We are willing to turn up, and we are not asking for anything. One party is saying to every other party in Northern Ireland, “You are not going into government unless we get our demands.” That is blackmailing not just the other parties in Northern Ireland but the people of Northern Ireland who want to see issues addressed such as health, health transformation, education, necessary infrastructure and the fantastic projects happening on the ground to foster good relations—those things cannot happen.

In the main, the Bill gives unaccountable senior civil servants the power to make some decisions, and it has been acknowledged that most of them will be routine, non-controversial, low-level decisions. As my right hon. Friend the Member for East Antrim (Sammy Wilson) rightly said, the vast majority of the 200 decisions that have been listed are not controversial, but they cannot be taken under the terms of this Bill. That is why, right from the outset of this process, we expressed disappointment, because the time has now come that, if Sinn Féin will not move on and if they want to boycott the Northern Ireland Assembly, they should allow those who want to work to work. There need to be ministerial decisions on a whole range of important issues.

New clause 7 has received some coverage and has caused some controversy because of the two issues relating to Northern Ireland. I echo the comments of many on both sides of the House that we recognise these issues are of deep concern to many people in Northern Ireland. These issues are of deep concern to many people in my constituency. We have heard the experiences of women, particularly in relation to life-limiting conditions and fatal foetal abnormalities. We have listened to their stories and experiences, and they are incredibly difficult. I challenge anyone not to feel empathy for the very challenging circumstances in which those women find themselves.

I spoke on behalf of the DUP in the Northern Ireland Assembly just prior to the collapse on a report we commissioned, and I urged people to wait, to let us see the report and to approach the situation with compassion and care. That report has been received, and I honestly believe that, if the Northern Ireland Assembly were re-established, the report would be debated, considered and decided on where it rightly should be dealt with. The only thing holding that up is the lack of a Northern Ireland Assembly, and there would be no impediment to the Assembly getting back to work tomorrow if Sinn Féin dropped their red line.

Yes, there are some concerns about the Bill, and I conclude by addressing some specific issues for Northern Ireland. The historical institutional abuse inquiry has been mentioned, and I have frequently met victims and victims’ groups over the past seven to eight years. I have put on the record, and wish to say again, that we in the Democratic Unionist party are hugely sympathetic to what those people experienced, particularly as children, in those institutions. That is an example of an issue that needs to be addressed. A huge amount of work needs to happen on a possible redress scheme—a support scheme— and who would be eligible for it and what mechanism could be used to introduce it. But that can happen at the moment, in preparedness for a decision to be made; my understanding is that under the terms of this Bill and guidance that is the type of decision that cannot be made.

In the absence of such decisions, if there is no restoration of the Assembly, I urge the Secretary of State and her team: be a little braver, step up and make the decision to say, “It has gone on long enough.” Victims, those suffering, those in need and those sitting on waiting lists need decisions, and they need to be ministerial decisions. Although that needs to happen now and in a couple of months’ time, it needed to happen yesterday—it needed to happen a year ago. This is now urgent across such a wide range of issues.

Briefly, I wish to touch on the issue of the definition of a “victim”. I mentioned in an intervention that this week marks the 25th anniversary of the Shankill bomb, an incident that demonstrates so acutely the grotesque nature of the definition of “victim” in Northern Ireland. Under that definition, which is holding up issues such as the victim’s pension and other support, the nine innocent victims of that atrocity—that IRA act of terrorism—are gauged to be the same as the IRA bomber who blew himself up and killed himself planting that bomb on that day. That is grotesque and appalling. People right across all the political parties, here and in Northern Ireland, have a number of issues they are really concerned about and care deeply about. I recognise that many care deeply about the Irish language Act, but there are many other issues to address, such as the one I mentioned. What a wrong to turn around and say to the families of those who were murdered and injured on that day, “That bomber is treated the same under victims’ schemes and victim support as the people he went out to murder.”

Connected to that is the point relating to our veterans. We do need our covenant—we need full implementation of the covenant. Northern Ireland has 3% of the UK’s population, but we contribute 7% to the Army, which is vastly higher in terms of proportion across the United Kingdom, and we do deal with the legacy. When people come back, they have done their duty and have seen some terrible things, not because they chose to go there, but because that was their job and duty. We therefore have a responsibility to do what we can to support them. We need the full implementation of the armed forces covenant in Northern Ireland. We also need to address the issue of the disproportionate and grotesque attempts to pursue soldiers and police officers who did their duty, stood up to protect and were only there with a gun in that situation because they were placed there to protect people. We need to get that addressed urgently, and with that I will conclude.

[Jim Shannon (Strangford) (DUP)]

rose—

Northern Ireland Budget (No. 2) Bill

Emma Little Pengelly Excerpts

2nd reading: House of Commons
Monday 9th July 2018 Commons Chamber

[Karen Bradley]

We are considering the position. The judgment was received at 9.30 am on Friday. There has been a little bit going on over the weekend, but we are working very hard on that, and we will ensure that we come to the House with our conclusions and decisions. That decision was not the one that we wanted, and we will obviously consider our position.

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

I welcome the fact that the Secretary of State is considering the judgment, which deals with a big decision made by a permanent secretary—a civil servant. However, that situation does not accurately reflect the fact that hundreds of decisions across all the Departments are not being made, and cannot be made unless there is a Minister in charge to make them.

[Karen Bradley]

We need to consider the exact implications of the judgment that we received on Friday. When we have reached our conclusion, I will of course come to the Chamber, when I will be happy to debate it with the hon. Lady, who I know has a particular interest in and knowledge of that issue.

The budget statement that I made to Parliament on 8 March set out headline departmental allocations for the 2018-19 financial year, helping to safeguard Northern Ireland finances by enabling the Northern Ireland civil service to manage and maintain public services throughout the early months of this financial year. This budget Bill seeks to build on that certainty.

As I advised the House on 20 March, the budget position and the vote on account provision approved by Parliament in the Northern Ireland Budget (Anticipation and Adjustments) Act 2018, which provides authority to the NICS to access up to 45% of the previous year’s allocations to allow day-to-day spending in the early months of this financial year, was the first step in the budget-setting process. Further legislation is now required to put that budget position on a legal footing and to provide the legal authority for the NICS to access the full level of funding available for the whole financial year. Without the Bill, the only way for Departments to access cash is for the NICS to make use of emergency powers under section 59 of the Northern Ireland Act 1998, although those powers, too, are limited.

--- Later in debate ---

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

Five hundred and forty-five days ago, Martin McGuinness, the then Deputy First Minister of Northern Ireland, resigned. That action, which was not agreed with us, Sinn Féin’s partners in government—it was a unilateral decision—triggered the collapse of the Northern Ireland Assembly. On 24 January 2017, I was in the Northern Ireland Assembly during the last few hours of the sitting. Incredibly, it means there has been no Government, no democratic accountability and no real decision making in Northern Ireland for 531 days.

We talk often of our great British democracy, yet it genuinely grieves me when I look across this House and see the lack of interest in this shocking constitutional crisis happening within the United Kingdom today. That is 531 days without Ministers and Members sitting in the Assembly making the decisions that affect real people on the ground in Northern Ireland.

[Nigel Dodds]

I entirely share my hon. Friend’s concerns and her views, but I suppose one could look at the empty Benches and the non-representation of most of the major parties in a slightly different way. It puts to rest the idea that there would be widespread outrage and concern here if there were direct rule, because it is quite clear that nobody is that exercised when we have a measure of direct rule. Nobody is outraged enough about it to turn up to speak, to vote or to say anything about it; they are quite happy to go about their business elsewhere and to allow this to go through the House virtually unopposed. I suppose one could look at it in that way.

[Emma Little Pengelly]

I absolutely agree with my right hon. Friend. The reality is that the Democratic Unionist party is a party of devolution. We want to get the Assembly restored. We do not want direct rule, but we need direct rule. The people of Northern Ireland need direct decision making, because urgent decisions are not being made at the moment.

I would say to the Minister and to the Secretary of State that the time has long passed for action to be taken on these important matters. I assure everybody that the Democratic Unionist party wants to get back to work. I understand that all the other parties are in the same position—they want to get back into government and into the Northern Ireland Assembly to do the job they were elected to do—but there is one party preventing that from happening.

There is one party, alone in Northern Ireland—the party that collapsed the Northern Ireland Assembly—saying to all of us, “Unless you meet our demands, there will be no Government.” I say very clearly that this is not a party political point. Whenever we try to highlight the difficulties in Northern Ireland, it is incredibly frustrating that people turn around, just someone in the front seat of a car, and day, “You’re all as bad as each other.” The reality of it is that we would go into government immediately, and many of the other parties are in the same position. But there is one party saying, “If you do not agree to our demands, there will be no Government.”

That is not just sad and frustrating for the politicians and parties in Northern Ireland; it is most sad and disappointing for the people of Northern Ireland. The person sitting on a waiting list in pain, who is trying to get seen and trying to get a necessary procedure, or perhaps to get a test about which they are deeply worried—my colleagues and I speak to such people day in, day out and week in, week out—needs to get help and support, but because there is no decision making on vital issues such as health transformation, they cannot get that support.

Children are sitting in schools that have had to make decisions to lose teachers—to make teachers redundant—because the Assembly cannot make a decision to stop that happening. Families have come in to see me distressed, perhaps in tears, and struggling because they cannot access public services as there are no Ministers in place and no one with democratic accountability who can listen and react to help them. It is those families and individuals who are suffering most because of Sinn Féin’s action in refusing to go into government and boycotting the Northern Ireland Assembly. That is not right, and it is not fair.

I am not opposed to the Irish language, and I know that my party is not opposed to the Irish language. I have the utmost respect for those who want to speak a language and enjoy cultural rights, but it is beyond doubt that the Irish language Act remains a divisive and controversial issue in Northern Ireland. We have said clearly to Sinn Féin, and we said it in good faith, “Get back into government, deal with issues of health, education and public services, and we will commit to continuing to talk about these difficult issues.” Every party in Northern Ireland and across the United Kingdom has particular things that it would like to see, which might not be shared with other parties. We have to build consensus, and we have to try to find a way through, but what we do not do is throw a tantrum, collapse the democratic institutions and make demands, saying, “We cannot get back into doing our job and working for the people of Northern Ireland, until our demands are met.”

Unfortunately, I believe the Court of Appeal’s Buick judgment gave an untrue and inaccurate perception that decisions were being made in the Departments up until the Court said that could not happen. Huge numbers of really straightforward, non-controversial, benign decisions are not being made. One example is that a Department here made a decision to put funds to one side to celebrate the extension of the franchise to women, and there was an unhypothecated Barnett consequential for the block grant in Northern Ireland. It was not a huge amount of money, about £200,000 to £300,000, for a scheme so that community groups, particularly women’s groups, could celebrate the extension of the franchise to women. Scotland and Wales announced that they would use the funds they got as part of the Barnett consequential to put the scheme in place, so I wrote to ask the Department of Finance whether it would do the same. The response, which I receive all the time, was, “There are no Ministers in place. We cannot make a decision to put a new scheme in place. Therefore this money will be used in a range of different ways.” I hear that all the time, across scores and scores of decisions that are needed in every single Department. That was before the Buick case came to court.

It is not just about the big issues of infrastructure. We have heard about the historical institutional abuse victims, who should get the funds and support they want and need. We have heard about pensions for those who were seriously injured during the troubles in Northern Ireland—I have met them on a regular basis. As I have told the House previously, those who speak to them and hear their stories of the pain they are enduring, day in and day out, will be hugely sympathetic. They need decisions. That group is getting older, but the decisions cannot be made. It is not all about the big decisions; these are everyday decisions.

My right hon. Friend the Member for Belfast North (Nigel Dodds) mentioned the business community, for which, again, there are a whole range of decisions to be made. The “Streets Ahead” programme in Belfast is not controversial, and everyone would agree with it, but there is no Minister to make decisions, which is crippling the system in Northern Ireland and has been for 531 days.

The Northern Ireland Assembly has a scrutiny role. As I said in November when the Northern Ireland Budget Act 2017 came before the House, I was the last Chair of the Northern Ireland Assembly’s Finance Committee. That Committee performed a valuable role—I am conscious that I am sitting beside my right hon. Friends the Members for Belfast North and for East Antrim (Sammy Wilson), who are former Finance Ministers in Northern Ireland, and they may or may not agree about how valuable the Committee’s role was, but there is no doubt that the Committee’s role in the democratic process, of scrutinising, making recommendations, speaking to the Departments, getting information, speaking to stakeholders in Northern Ireland about what they wanted to see in the budget, and producing those reports, was very necessary. That is not happening now, and it has not been happening for 531 days.

My right hon. Friend the Member for East Antrim mentioned the last Finance Minister, Máirtín Ó Muilleoir, a colleague of mine in South Belfast. I was Chair of the Finance Committee in the last week before the Assembly fell—my hon. Friend the Member for South Antrim (Paul Girvan) served on the Committee with me—and we put on a special meeting in which Máirtín Ó Muilleoir was invited to come along to speak about the budget and the priorities, to give us information on what he was hearing from Departments and stakeholders, and to try to see if we could get the budget through. He did not turn up. He turned around and said, “I am too busy.” Sinn Féin then chose the timing of the collapse. With the greatest respect, it is not good enough for people here to step back and say, “You’re all as bad as each other.” We are dealing with objective facts: who is responsible for this, and who is a barrier to getting government back in Northern Ireland?

In conclusion, we in the DUP are in this House today doing our jobs: standing up for all in Northern Ireland. The DUP will continue to fight for what is best for everybody in Northern Ireland. That is exactly what we have done in relation to the confidence and supply agreement. While others run about for their pet projects, we did not come to the table and say, “Here are our pet projects. Fund those.” We made it a priority to get funds for everybody in Northern Ireland, across the communities—for health, education, infrastructure and anti-poverty work. That is what we do and will continue to do. While others such as Sinn Féin boycott this House and the Northern Ireland Assembly, I say clearly to the Secretary of State and the Minister that they should work with those who want to work for Northern Ireland, who are doing their jobs for the people of Northern Ireland and who want to continue to do everything they can to build a better and brighter future for all, across all communities, in Northern Ireland.

Oral Answers to Questions

Emma Little Pengelly Excerpts

Wednesday 20th June 2018 Commons Chamber

[Karen Bradley]

I know that my right hon. Friend feels strongly about this issue. I urge him to respond to the consultation—I repeat, it is a consultation. There are differing views on this matter and differences of opinion, and we do need to hear from everybody.

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

Our armed forces and security forces served bravely and valiantly during the troubles. What action has the Secretary of State taken to ensure that no one who served is unnecessarily dragged into the criminal justice system for actions that have already been investigated?

[Karen Bradley]

Again, I urge the hon. Lady to respond to the consultation. We want to get this right. We want to make sure that we have a proportionate, fair and just response, but let us remember that 90% of all murders in the troubles were committed by terrorists.

Offences Against the Person Act 1861

Emma Little Pengelly Excerpts

Tuesday 5th June 2018 Commons Chamber

[Sir Jeffrey M. Donaldson]

I beg to differ with the hon. Lady. Research in Northern Ireland shows that since the introduction of the Abortion Act 1967 here, 100,000 people in Northern Ireland are alive today because we in Northern Ireland did not accept that law. That research has been backed up with proper scientific fact. I am proud of that pro-life position. I am proud of the fact that there are so many people alive in Northern Ireland today because we have a law that respects the rights of both women and the unborn child. We will maintain that position.

Contrary to some of the claims made by some in favour of liberalising the law in Northern Ireland, the law in Northern Ireland has been shown to reduce the number of abortions in our jurisdiction. That is a fact. The Both Lives Matter campaign, which has been very effective in Northern Ireland, demonstrated with its research that that is the case. For that reason, I am very thoughtful about any change in the law in Northern Ireland. Furthermore, we have long argued that it is for the people of Northern Ireland, through the Northern Ireland Assembly, to decide what the law on abortion should be. I very much respect the points made by the right hon. Member for Basingstoke (Mrs Miller) in that regard and we thank her for that acknowledgement.

This House made a decision in 2008 to devolve to Northern Ireland policing and justice powers, as the right hon. Lady reminded us. This House took that decision, which included the power to decide what the law on abortion in Northern Ireland should be. The Labour party was in power at that time and took that decision. I remind Labour Members that they do not contest elections in Northern Ireland. If they want to test the waters on this issue, we invite them to come and put their views forward and to contest elections in Northern Ireland. We are a functioning democracy. I might point out that its sister party in Northern Ireland is a pro-life party.

For our part, the DUP stands ready to take its place in both the Assembly and Executive today and without preconditions. We are ready to take on responsibility for governing Northern Ireland. We stand ready to work with the other parties to take decisions on sensitive issues like abortion, to arrive at an outcome that reflects the will of the people of Northern Ireland, respecting the rights of both women and unborn children and upholding the principle that both lives matter.

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

Does my right hon. Friend agree that although there are deeply sensitive issues we must consider in Northern Ireland, such as life-limiting conditions also referred to as fatal foetal abnormality, this proposal would impose on the people of Northern Ireland one of the most liberal abortion regimes anywhere in the world: abortion on demand up to 24 weeks in the absence—this is a fact—of a regime or guidelines? Currently, they do not exist, and if this measure went ahead, there would be nothing there apart from legality and decriminalisation up to 24 weeks.

[Sir Jeffrey M. Donaldson]

I thank my hon. Friend for that intervention. In truth, if what is proposed under this motion was to actually happen, it would have dramatic consequences for Northern Ireland. That is absolutely clear and I think even the mover of the motion acknowledged there would be a very significant gap. We need to have this debate in Northern Ireland: a reasoned debate that engages the political parties and civil society, so we can collect the voices and come to a decision on how best to proceed with regard to the law on abortion. In the Northern Ireland Executive, the DUP supported the establishment of the expert working group, which has now published its report specifically on the question of unborn children diagnosed with a life-limiting condition. We are considering that report, which has recently been published, and the key recommendations it makes.

This is a very sensitive area and women in receipt of such devastating diagnoses deserve our utmost sympathy and our support. No one could fail to be moved by the harrowing cases of those who have found themselves in such tragic circumstances. We want to develop a new Northern Ireland-wide service for women in those circumstances to ensure that they receive the best information, advice and co-ordinated care and to ease their journey through our healthcare system. I am keen to ensure that we enhance our perinatal palliative care, with a view to Northern Ireland becoming an exemplar in this area.

We want to listen to the voices of civil society. We want to listen to what people have to say—the voices of women like Sarah Ewart, who has spoken passionately about her own experience of pregnancy and abortion in the most difficult of circumstances and has argued for change in cases involving unborn children with life-limiting conditions. I also refer to the voice of my own constituent who wrote to me last evening on hearing about this debate:

“Apparently there is to be a discussion in the Commons on our abortion laws. As the daughter of a rape victim and an unrepresented Catholic I would ask that you take a positive pro-life stance and protect the most vulnerable in our society.”

There are strong voices on both sides of this debate. This is a devolved issue. It should be left to the people of Northern Ireland.

--- Later in debate ---

[Deidre Brock]

First, the Offences Against the Person Act does not apply in Scotland—some people seem not to be aware of that. Also, I understand that Stormont has been able to repeal sections 58 and 59 since 2010, and apparently it has chosen not to do so.

[Emma Little Pengelly]

What has been missed here today is that criminal justice is a devolved matter in Northern Ireland. The Northern Ireland Assembly has full power to repeal this in due course, if that is the decision of the Northern Ireland Assembly, in line with the new regulations. The Offences Against the Person Act does not act as a barrier. This can be done by the Northern Ireland Assembly.

[Deidre Brock]

I thank the hon. Lady for her contribution. I would also point out that the Criminal Justice Act (Northern Ireland) 1945 still prevents abortion, with life imprisonment offered for those offering abortions. That is an added complication.

As we know, Stormont has not sat since January of last year, and I wish absolutely to condemn the cowardice of the politicians who cannot give enough ground, or cannot risk losing a little face, to get the show back on the road and start deciding on issues that affect the people they are paid to serve. I say that because this issue has been considered at Stormont; the need for legislation has been agreed at Stormont and a way forward has been laid out by a working group in Northern Ireland, as was mentioned by the right hon. Member for Basingstoke (Mrs Miller), who is no longer in her place. In a debate on the consideration of a justice Bill in February 2016, amendments were tabled that would have allowed abortions to take place in Northern Ireland in specific circumstances. Those were tighter than the conditions in place under the Abortion Act 1967, but they represented movement none the less. This followed a deal of public consultation undertaken by Ministers on the issues of fatal foetal abnormality, incest and rape. It is clear from what has been said today and from reading the transcript of that debate that there was not exactly a consensus that day, and the amendments were defeated—not overwhelmingly, but substantially.

One telling contribution that day was made by the then Member of the Legislative Assembly for South Belfast, who is now the Member for Belfast South in this place. In her speech that day, she said she was speaking on behalf of the Democratic Unionist party on the issue and she urged the Assembly to reject the amendments in favour of the DUP plan. She said:

“the DUP is rejecting the amendment but outlining a road map to a sensible, informed and appropriate way forward. The Minister of Health has been asked to establish, by the end of February, a working group that will include clinicians in this field and legally qualified persons to make recommendations on how this issue can be addressed, including, if necessary, bringing forward draft legislation. We have asked that all interested parties should be consulted and that the group will be tasked to report within six months. We all need to hear more fully the views of the Royal College and others. We all need the opportunity to ask those vital questions to get the appropriate advice. That is why the working group is the best and most appropriate way forward.”

That working group has now reported and as the DUP is behind it, it surely has enough impetus to clear the hurdles of political impasse in Northern Ireland.

The report recommended a relaxation of the restrictions on abortion, citing the general duty of the Department of Health under the Health and Personal Social Services (Northern Ireland) Order 1972 to secure improvement in the physical and mental health of people living in Northern Ireland. The report pointed out, however, that legislative change is required for that to be done. The report is clear that

“the current practice results in inequality of outcomes for women in this particular patient population group when compared to the standards for treatment and care afforded to other pregnant women by Health and Social Care as required by the Department of Health’s Maternity Strategy”.

It recommends changes in the law to allow abortions to take place.

The changes suggested would not go as far as the legislation here or in Scotland. Examining that was not the remit of the working group; it was examining only what legislative change was needed. The changes would not bring legislation into line with the rights and protections we have here and would not end women having the trauma of travel to a foreign jurisdiction for health treatment. The changes would not be the changes I would like, but they are the changes that the politicians of Stormont agreed to support. We have an obligation to respect the fact that the debate on abortion has not perhaps yet been won in Northern Ireland, but this small step can be taken while the debate continues.

Stormont should be reconvened and it should consider legislation on abortion, along with all the other responsibilities it has, but this is a devolved responsibility. Legislating here on a matter that is the responsibility of a devolved Administration is invidious, and the idea that Members sitting here can make decisions without any regard to the consequences is foolhardy. Stormont has not sat for far too long and that looks set to continue. It is a disgraceful abdication of responsibility on the part of elected Members. It is not sitting, but it has made this decision, and there is no reason why this place should not legislate to put that decision into effect. Stormont could always decide how to proceed when MLAs return to work.

Legislating here for abortion in Northern Ireland without the consent of the Northern Ireland legislature is not tenable, but consent has already been given for some change and we should implement that. We should press ahead and deliver that; a comprehensive review of the legislation can then proceed, with the people who would be affected front and centre. Too often, the rights of women are ignored and women are belittled. There is a moral obligation on the politicians of Northern Ireland to get back to work, engage with the people and move on. They can look to Dublin’s example for a way in which to start. There are decisions to be made, and hopefully they will lead to a full and proper health service for women, but I argue that that is not our decision. By all means we should legislate to put into effect the changes that have been decided, but we should not make decisions here that should more properly be made in Belfast.

I stand by the women of Northern Ireland and I stand with those who campaign for a full service, including a proper abortion service. They should be able to influence such decisions and have them made in their own legislature. Too often, the conceit is that this place knows best, but the re-imposition of direct rule on Northern Ireland is in no one’s best interests, let alone those of the women who need support and a decent health service. The DUP supports the change in the law that was agreed by Stormont; let us help it to deliver that change.

--- Later in debate ---

[Catherine West]

The hon. Gentleman makes a good point. I was certainly in the Lobby when we failed to support that particular proposal.

It is high time that the House took action to end the treatment of Northern Irish women as second-class citizens. Let us look at the man, Leo Varadkar, who welcomed the resounding yes vote by saying that Ireland will no longer say to women, “Take the boat,” or, “Take the plane,” when they need an abortion. Instead, he said that Ireland will say, “Take our hand.” Is it not now time for us to offer our hand to the women of Northern Ireland and end the ban on abortion in Northern Ireland?

[Emma Little Pengelly]

Does not the hon. Lady recognise that her statement is in fact inaccurate? There is access to abortion in Northern Ireland, but on more restricted grounds, such as for the health of the mother. She is therefore not being accurate when she says that there is no access to termination.

[Catherine West]

I think it is the word “restriction” that I have a problem with—I almost choke when I say it. In February this year, the United Nations Committee on the Elimination of Discrimination against Women stated that citizens of the UK resident in Northern Ireland

“faced grave and systematic violations of their rights”

because of the criminalisation of abortion. The report explicitly called for sections 58 and 59 of the Offences Against the Person Act 1861 to be repealed. I hope that, in the summing up, we will hear more substance from the Minister on the way forward so that we can respect both devolution and the fundamental human rights of every single woman in the British Isles.

I am aware that many Members wish to speak, so I will keep my remarks brief. However, I was pleased to hear the Chair of the Health Committee, the hon. Member for Totnes (Dr Wollaston), mentioning the domestic abuse Bill and to see her already thinking ahead. We are living in such interesting times in this Parliament. I wish to encourage the Government to think ahead—not just suddenly to realise that there might be a problem with legislation the day before, but to look genuinely at the issue of women’s health and to think about whether that Bill will be a fitting opportunity for the House to remove the impediment to the decriminalisation of abortion. The Government will indeed bring forward their long-awaited domestic abuse Bill, and I urge them not to delay that legislation or to put it aside, because this is a question of fundamental human rights. We want this Parliament to have a vote and to put the rights of women at the forefront of all our thoughts.

--- Later in debate ---

[Owen Smith]

I am grateful to my hon. Friend for that excellent intervention. Devolution necessarily means that there will be differences between the jurisdictions of the United Kingdom, but it should not mean that people in any one part of the UK should have a diminished set of rights. That is what we are dealing with in Northern Ireland.

I became utterly convinced of this case when I led a delegation of Labour MPs to Northern Ireland earlier this year to hear directly from the women of Northern Ireland about their experiences. One of the women who spoke to us has been mentioned several times in today’s debate. Sarah Ewart has become a great champion for the cause of reform in Northern Ireland, and her story is typical. At 19 weeks, she was diagnosed as having a foetus with anencephaly, a fatal neural tube defect. The baby was never going to live. She was unaware of the circumstances and went to her GP to ask for an abortion, only to be told that she could not have one. She ended up spending over £2,500 to come to England and undergo a not terribly satisfactory procedure, and being traumatised in the process. She is one of hundreds of women undertaking that journey, and one of thousands who have contemplated seeking, or have sought, medication on the internet to bring about an early termination. That cannot be right in 2018 in any part of the United Kingdom. It cannot be right that we endure circumstances in which the Victorian practice of backstreet abortions is growing in part of the United Kingdom. That should simply be unacceptable.

I want briefly to talk about the politics of this. Hon. Members from Northern Ireland have spoken with knowledge of their communities, but I do not think that we have heard a completely full account of where public opinion lies in Northern Ireland, or of the political situation there. One of the parties in Northern Ireland has changed its view recently—Sinn Féin has moved its position—and other political parties, notably the Ulster Unionist party, have previously stated that this would be a matter of conscience, were there to be a vote in the Northern Ireland Assembly. So it is not black and white that there is political opposition to this across the board in Northern Ireland. Nor is it right to say that there is public opposition, because some of the most recent polls have shown that up to 75% of people in Northern Ireland, of all faiths and none, believe that there should be decriminalisation there.

[Emma Little Pengelly]

Will the hon. Gentleman give way?

[Owen Smith]

I am afraid that I will not give way.

I was pleased to hear the Secretary of State say that Conservative Members will have free vote if the matter comes before the House, so I hope that it comes before the House at the earliest opportunity and I look forward to voting with Conservative Members to change the law for Northern Ireland.

--- Later in debate ---

[Jim Shannon]

I agree with the right hon. Gentleman that the Assembly should make that decision. I think we all want that to happen, and if the Assembly were making the decision, I am sure nothing in the existing legislation would change.

[Emma Little Pengelly]

We have heard a couple of references to back-street abortions. Does my hon. Friend agree there is no evidence of any back-street abortion activity—never mind an increase—in Northern Ireland? There are issues, and we have indicated that we will deal with those issues compassionately, but back-street abortion is not an issue in Northern Ireland, as far as we are aware.

[Jim Shannon]

I thank my hon. Friend for her factual evidence.

It is my belief that a child is a child from conception, as can increasingly be seen through medical advances. A heartbeat can clearly be seen from three weeks. One lady in my office said, “If a doctor declares you dead when your heart stops beating, you must be declared alive whenever your heart is beating.” My opinion is determined by the women around me: women who are religious and those who are not; women who have grieved after losing a baby at 12 weeks; and women who have carried their babies full term—I know quite a lot who have done that.

My opinion is formed by the use of the Abortion Act on the mainland. The 1967 Act was enacted with conditions, rules and criteria, but the situation we ended up with was abortion on demand. What are the facts? In 2015, there were 697,852 live births and 185,824 abortions in England and Wales. For every three children born, one is aborted. If that is not abortion on demand, I need to know what is.

In the last 10 years in England and Wales, out of almost 2 million abortions, just four were recorded as being for the purpose of saving the mother’s life. The conditions in the Abortion Act are rightly there to protect young children, but have they done that? No, they have not. We have had approximately 50 abortions in Northern Ireland, so women can have an abortion in Northern Ireland if the conditions are met—two GPs have to agree that an abortion would protect the welfare, health and safety of an expectant mother. We have a system that works, and it is better than the legislation in the United Kingdom. It is better than the Republic of Ireland’s system, too. The Democratic Unionist party believes that both lives matter—the mother’s life and the child’s life—and, as my right hon. Friend the Member for East Antrim (Sammy Wilson) said, 100,000 people are alive today because of that.

The hon. Member for Pontypridd (Owen Smith) spoke about opinion polls, and there was the publication at the weekend of a national opinion poll that asked voters in Northern Ireland whether they supported abortion when a woman simply does not want the child. Only 34% said yes and 60% said no. There is no demand among the general public for abortion on demand, which Members would push through if they had the opportunity.

I am called to be a legislator, and I have to weigh up the number of the cases I mentioned against the number of those that abuse legislation as a means of birth control. I believe it is to the good of our nation to protect our babies in their mother’s womb and to support that woman. I believe it is wrong to ask doctors to take the life of a child within the womb. I believe that there is another way and we must advocate for that. I believe that the woman and her body matter, but so does the life of the child. Let us remember the child. People may disregard it, but let us not do so. I am not disregarding it and my party will not disregard it. Do not ask this place to impose on Northern Ireland a law that does not reflect the will of its elected representatives and, in my opinion, the overwhelming view of the people of every side of the political divide. Life is precious; both lives matter.

Northern Ireland (Regional Rates and Energy) Bill

Emma Little Pengelly Excerpts

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

[Owen Smith]

I am grateful to the Secretary of State for the intervention, and let me answer it and the point made by the hon. Member for North Antrim (Ian Paisley). She makes my point for me. She asks what the Executive decided in respect of the HIAI and the answer is we do not know. We know that they said they thought they ought to implement its findings in full—they said that just before the Assembly went down—so we have some clarity on that. Crucially, we do not know what the Executive would have decided in respect of the regional rate and we do not know whether the Assembly would have decided to change the terms of the cap on the RHI, yet we are legislating in this place, in this Bill, to change those things, without any knowledge of what the Assembly would have done. So it precisely relevant to the business at hand—

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

Will the hon. Gentleman give way?

[Owen Smith]

I will give way in a moment. It is precisely relevant to the business at hand that we could be legislating under the same terms on these two issues but are choosing not to do so for some reason, be it political expediency, timeliness or the fact there are less pressing financial reasons for doing so. Those people who are here today—there are people who were injured by either side in the troubles—having been in paralysis, having lost limbs or having lost livelihoods for a long, long time now, are in need of our support.

I know that the Secretary of State wishes to give that support, so I cannot understand, and do not think she has yet explained to the House, why it is not a moral imperative—and a financial imperative for those people—to introduce legislation to implement a pension for the severely injured and to enact at the very least the relatively minor compensation arrangements that Sir Anthony Hart agreed under the HIAI.

The Secretary of State has the extra £1 billion that she managed to find for the Democratic Unionist party under the confidence and supply agreement, and part of that money could be allocated either to the victims of historical institutional abuse or to those who have suffered injury as a result of the troubles. That would be time well spent in the House, and nobody would reject or resent it. I do not believe for a moment that it would undermine either the Secretary of State’s efforts to get the peace process and the talks back on track, the Sewel convention or our desire to get the Assembly back up and running.

--- Later in debate ---

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

I shall speak briefly about this short and reasonably technical Bill. I will first touch on rates and the power being given to the Secretary of State to look at the issue. She has previously announced her intentions regarding these matters.

I emphasise in the strongest possible terms that I and my colleagues in the Democratic Unionist party firmly believe that the best place for these matters to be discussed and decided is in the Northern Ireland Assembly and by locally elected representatives there. Yesterday, I mentioned the important role that the Assembly’s Committee for Finance plays in scrutinising such measures, talking to business and stakeholders, and trying give advice. The Committees of the Northern Ireland Assembly have a statutory role to give advice and to form policy, which is unusual within an elected body. That important role aids the cross-party power sharing arrangement for Northern Ireland. It is incredibly disappointing that we do not have that in place, and it is sad that we do not have the opportunity to look at these measures in that way.

My right hon. Friend the Member for East Antrim (Sammy Wilson) mentioned the DUP’s approach to taxes in Northern Ireland. As I said yesterday, a number of former Ministers of Finance in the Northern Ireland Assembly are now in this place. Regarding the year-on-year budget, the DUP made it clear that we are a party of low tax because we want to keep as much money as possible in the hands of hard-working and under-pressure households in Northern Ireland. We have looked at a range of measures to that end, including keeping rates low.

My right hon. Friend also mentioned some of the pressure regarding the increase in rates. I welcome the fact that the significant increases feared by some did not happen and that the Secretary of State consulted all the parties. I did not want any increase, because an increase will have an impact on those hard-working and under-pressure families, but I welcome the fact that, following consultation with the parties, it is not as significant as was initially suggested.

No firm details on rates were released to the Assembly by the last Minister of Finance, Máirtín Ó Muilleoir, despite the Committee for Finance calling on him to do so. He did not bring forward the rates legislation in a timely way, which meant that the Secretary of State had to do so at a very late stage, on the collapse of the Assembly. I welcome the fact that the Secretary of State is not taking forward Máirtín Ó Muilleoir’s proposal to lift the cap on domestic rates. I have been contacted about this issue by many of my constituents who were particularly worried about the significant increases that they would have faced as a result. Without the cap, they would have been paying more in domestic rates than if they had lived in a house in London worth £1 million or £2 million. That would have been fundamentally unfair. I disagreed with that proposal by Sinn Féin and I welcome the fact that the Secretary of State has not taken it forward. It is important that there is fairness in relation to these matters across the United Kingdom.

We are of course aware that rates levels in Northern Ireland have traditionally been low. However, given what the Secretary of State has said about the devolved nature of these matters, as well as the very difficult position we find ourselves in and what has been said about the Sewel convention, I urge her to talk to local representatives and organisations in Northern Ireland to ensure that as we move forward through this difficult period, we continue to make sure that we keep costs low for our families in Northern Ireland.

The second aspect of the Bill deals with the renewable heat incentive. I welcome the Secretary of State continuing the cap on costs in relation to that scheme. We had considered this matter in the Northern Ireland Assembly. I welcome the fact that my Assembly colleague, the then Economy Minister, Simon Hamilton, brought forward these measures to almost eliminate any overspend on the scheme. I want to put on record, as we did previously, my concern about the reporting of this issue. Many of the political parties in Northern Ireland, for political reasons, gave a very clear impression to the public of Northern Ireland that £500 million was gone—spent—and that that was it. That was not the case. Despite the fact that we said repeatedly that it was not money that has been spent but money that was projected to be spent, and that we gave a firm commitment to bring forward measures to mitigate that, as we did under the DUP’s ministership in the Department for the Economy—

[Mr Gregory Campbell]

Does my hon. Friend agree that just over year ago there was the most outrageous and disgraceful calumny in Northern Ireland as regards the reporting on the RHI scheme? A small number of journalists repeated the untruth that the money had been spent—had already gone up in smoke—and exacerbated people’s fears unnecessarily, leading to the beginning of a state of crisis even before the Government fell?

[Emma Little Pengelly]

I thank my hon. Friend for that intervention. I absolutely agree. Language was used to the effect that the money had turned to ash.

We have to be aware that many people do not get the detail of some of these schemes. They are not privy to the information that those who are delivering a scheme or have examined it may be privy to. The language used gave the clear impression to people—this was a misunderstanding—that the money had disappeared, but that was not the case. Yes, it is disappointing that there were flaws within the scheme. I welcome the fact that we moved, and moved quickly, to eliminate any overspend on the scheme—this measure will virtually eliminate that—and to protect public money. I welcome the Secretary of State’s clarification about the projected cost saving of £450 million-plus over the lifetime of the scheme.

I welcome the fact that the regulations survived a legal challenge over the past year. That is an important point, because the situation caused concerns to be raised when we discussed it in the Northern Ireland Assembly. I welcome the fact that the courts looked at this and listened to the public interest. The Bill represents a continuance of those regulations. I urge the Secretary of State to consider implementing these mitigations on a more permanent basis, rather than their needing to being continued on a year-on-year basis. I understand that that was the intention prior to the collapse and, as my right hon. Friend the Member for East Antrim indicated, that would have happened following consultation with all the relevant parties about putting measures on to a much firmer footing.

I was disappointed that the shadow Secretary of State did not eventually give way to me, despite indicating that he would do so. I was in fact rising to offer support for what he was saying. I think that my record shows that I might have come across as a little critical in some of my interventions on the hon. Gentleman, but I have always tried to be informative as opposed to critical. I was going to tell him that the WAVE campaigners on pensions for severely injured victims of the troubles are over here at the moment. Along with my DUP colleagues and our party leader, I had the opportunity to welcome them to the House of Commons last night to speak to them about this issue in some detail.

I have been supporting those individuals and encouraging them to speak to as many people as possible about this issue. I extend my thanks to those Members who have met or will meet them, including the Scottish National party shadow spokesperson, the hon. Member for Edinburgh North and Leith (Deidre Brock). Such meetings are very valuable, because they have a very powerful story to tell. I was also going to say to the shadow Secretary of State that this issue extends far beyond Northern Ireland. It absolutely should be seen as an issue right across the United Kingdom, because there were many victims over the course of the troubles from right across the United Kingdom, and a number of them were severely disabled. Although there is no doubt that some elements of dealing with victims’ issues are devolved, this is a UK-wide issue.

The other issue I wanted to raise in support of the shadow Secretary of State relates to the fact that this is a legacy issue. As we have said, my party has been involved for many years in discussing how to deal with the very troubled and tragic legacy that arose from the troubles in Northern Ireland. In those discussions, there was an agreement across all parties that some of these issues happened at a time when there was direct rule and no devolved government. Some of the issues go much wider than Northern Ireland with regard to dealing with the legacy of the campaigns of violence. That would be recognised through the Government considering, drafting and bringing forward legislation to deal with a mixed range of issues, some of which would have been devolved and some that would not. I see no reason why such legislation could not contain provisions to support those who are very much in need of support through a victims’ pension. The people who are over here are victims of some terrible, terrible atrocities, and they are suffering the consequences. I urge those Members who have not spoken to them to take the opportunity over the next couple of days to do so.

With reference to business in Northern Ireland, I welcome the very positive words about looking into the establishment of a business forum to discuss these matters, because the Secretary of State and the Minister will both know from listening to people from the business community that they have some concerns. They think it is right that their voices are heard. Of course, there is a positive story about business in Northern Ireland, as outlined by my right hon. Friend the Member for East Antrim. Despite the political difficulties, business is doing well. Invest Northern Ireland is working hard. Businesses are benefiting through foreign direct investment. We want that to continue. We will be doing everything in our power, within our role, to work with our partners across Northern Ireland and across the House to try to ensure that Northern Ireland works and that we have the best possible outcomes for everybody across the community in Northern Ireland.

Oral Answers to Questions

Emma Little Pengelly Excerpts

Wednesday 21st March 2018 Commons Chamber

[Mr Vara]

We very much hope that the devolved Assembly will be up and running, because it is for the Assembly to take the decision of reducing corporation tax. We are very committed to it doing that on the basis that it can show sustainable finances.

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

Despite the ongoing political situation, Northern Ireland has had a very positive business environment this year, particularly in relation to foreign direct investment. Will the Minister consider establishing a formal and regular business forum to include Invest NI and organisations and local businesses in Northern Ireland, to ensure that they can maximise opportunities that arise from the UK leaving the EU?

[Mr Vara]

The hon. Lady makes a good point. I have just been assured by my right hon. Friend the Business Secretary that he would be happy to participate in such a venture.

Northern Ireland Assembly Members (Pay) Bill

Emma Little Pengelly Excerpts

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

[Karen Bradley]

I do not intend to consult the parties explicitly. What I have said is that I would welcome representations from the parties to provide me with the evidence and the views that I need to make a final decision about the level at which we should set MLAs’ salaries.

I have spent many hours in the Stormont Parliament building over the last few weeks, along with some Opposition Members. It is a wonderful building, and it is right for it to be full of MLAs and their staff, working and delivering on behalf of the people who elected them. We know how different this place is during recesses from how it is when Parliament is sitting. I want to see that place alive, as it should be.

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

I absolutely agree with what the Secretary of State has said about constituency staff. They work incredibly hard, and they are in their present position through no fault of their own, so I welcome that decision. I ask her to recognise, however, that there are also very hard-working constituency MLAs, many of whom—including those in my party—want to get back to work but cannot because there are red lines. One of them is my constituency colleague Mr Christopher Stalford, who works very hard in South Belfast alongside me.

Northern Ireland Budget (Anticipation and Adjustments) Bill

Emma Little Pengelly Excerpts

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

[Owen Smith]

I welcome those words. I was sure that the Secretary of State would reflect on those events.

The Bill does in itself reflect the instability in Northern Ireland and the fact that reconciliation is required. We should remind ourselves, too, that it is actually the seventh year of suspension in the 18 years of the Assembly. It is a measure of some of the problems that we face that we are still in suspension now after 14 months. Other recent comments that have been made in respect of commemorations remind us, too, of the desperate need that we still have for true reconciliation between communities. Although the peace is robust—I know that we all feel that—the reconciliation is still all too fragile.

Notwithstanding the fact that we are discussing a set of technical measures today—it is not formally a budget, as the Secretary of State has explained to us—there are lots of questions to be asked. I hope to pose some of them, including questions about the form of the Bill—what is in it, what is not in it and what should be in it—reflecting some of the comments that have already been made by right hon. and hon. Members.

The first is about the form of the Bill. The Secretary of State said, “We have done something different this year.” She has not done what her predecessor did, which is rely on section 59 of the Northern Ireland Act 1998 to provide 95% of budgets. We have moved to what is in effect a version of the budget and the estimates process that we have for the rest of the United Kingdom at traditional points in the year. The Secretary of State has partially explained why she has done that—because it is an emergency measure—but I still do not completely understand why we have gone down that route. That prompts the question whether this is a further staging post on that famous glide path to direct rule. If that was in the Government’s mind when they went down this route, I urge them to think harder about how they redouble their efforts to try to get things back up and running.

If we are not dealing with a straightforward budget today and if these measures are allocating only 45% of the spending for 2018-19, we will have to have, as the Secretary of State has said, another budget Bill before the summer, which equally makes the point that this is a pretty poor substitute for the sort of scrutiny, intelligence and direction that we would have if we had a Stormont Executive and Assembly setting and scrutinising a budget. Some of the confusion that we have heard about today over the differences between allocations and appropriations and schedules 3 and 4 and about whether we are allowing for spending on the historical institutional abuse inquiry this year is because, effectively, what we have is a piece of cut and paste legislation here. If we read the schedule, it is pretty much exactly, word for word, the same schedule with the same description of the objectives and tasks facing the individual Departments in Northern Ireland as we had in the Northern Ireland Budget Act 2017.

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

Does the shadow Secretary of State agree that the lists in that document cover the scope of each Department—the vires of the Department? Therefore, we will not see any significant change in that year by year, because that is the scope, the limits and the vires of those Departments in which they can spend. That does not change in this document.

[Owen Smith]

That is precisely right; that is the point that I was coming on to. I was going to say that this is a poor substitute for a proper budget process. What we do not have today is any real insight into how the money will be spent, or where the priorities lie beyond those broad headings. We have had some confusion around HIA funding today. Clearly, there is an implication that 45% of the money for the HIA is available to the Office of the First Minister and Deputy First Minister to deal with in this coming year, so some clarity on that would be helpful. I will come on to the HIA in a little more detail later. This is a poor substitute. I think that we can all see that we should have better scrutiny, transparency and accountability, but we can only have that if we get the Executive back up and running, because this place cannot properly form a substitute for Stormont.

All this places Northern Ireland’s excellent, hard-working and diligent civil servants in a very invidious position. They are taking responsibility for providing services and are making increasingly autonomous decisions about services without really having a political master to serve, or a political backstop to watch their back if there is a crisis in any of the services that they are providing. We can all see that that is not a situation that we would wish to place civil servants in, and it is not a situation that can continue ad infinitum. I know that the Secretary of State is mindful of that, and I hope that it is one of the things that will spur the Department on to redouble its efforts in this matter—and indeed spur the parties on to try to find the wherewithal to build trust between one another, because they, too, will be effectively leaving those civil servants to carry the can unless we are able to get an Executive back up and running.

Three areas of public expenditure are not included in the budget today or are only referred to obliquely in the case of the HIA that could be included in the budget and could have been dealt with more fully today and in the coming months. The first is the HIA inquiry conducted by Sir Anthony Hart that several right hon. and hon. Members have already mentioned today. The inquiry reported before the Executive collapsed, recommending that the hundreds of men and women who survived historical abuse in some 20 institutions in Northern Ireland should be commemorated and, crucially, compensated for the abuse that they experienced.

--- Later in debate ---

[Owen Smith]

I am grateful to the Secretary of State for that clarification, but she has effectively doubled down on what she said earlier, and that is not good enough. These people have waited long enough. I think that the report came before the Assembly collapsed, and there is widespread political support across the piece that compensation ought to be paid. I therefore hope that, notwithstanding the complications and the sense that we would in some respect be rescinding a measure of devolution, we should find it in this place to legislate and provide the resources. That is the view of the Labour party, and I am sure that the Secretary of State will reflect on that.

[Emma Little Pengelly]

I just want to provide some clarity. The report from Judge Hart, who headed up the inquiry, actually came just a very short time after the collapse. In fact, we raised this point with Sinn Féin. We established the inquiry with Sinn Féin, who knew that the report was coming, and we wanted to hold on to get the report and make the correct decisions before the collapse of the Assembly.

[Owen Smith]

The hon. Lady is right. I think that the report came a matter of days after the Executive collapsed. But that does not change my point, which is that there is widespread political support for action. David Sterling clearly thinks that it would be acceptable for us to legislate in this place. I have put on the record that the Labour party thinks that it would be acceptable for us to legislate in this place and that we think that the Secretary of State should do so.

The second area of omission that I wish to bring to the attention of the House is the legacy of the troubles. I know that the Secretary of State is reflecting on this and that it was part of the discussion between the parties in the recent talks that have unfortunately stalled. In the light of the failure of the talks, will the Secretary of State say a little more about whether and how she might bring forward resources and legislation on dealing with the legacy of the past?

--- Later in debate ---

[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.

--- Later in debate ---

[Emma Little Pengelly]

I absolutely agree with my hon. Friend, and I will discuss that in more detail later.

I shall highlight two key issues. The first relates to the process that would be instituted by the Bill and the process as we lead up to the budget, which will, we hope, be presented around June. Although we do have two former Ministers of Finance in the Chamber, I was the last Chairperson of the Finance Committee in the Northern Ireland Assembly on collapse, and my right hon. Friend the Member for Belfast North spoke a little bit about the behaviour of the then Finance Minister, Máirtín Ó Muilleoir, who was the Sinn Féin Finance Minister. Sinn Féin had concerns in relation to a number of matters. It became clear that Sinn Féin were intending to bring down the Assembly unilaterally. The only way that they could do that was by resigning—and that was the resignation of the late Martin McGuinness. The Committee and I made strong recommendations and representations to the Finance Minister in writing and on the floor of the Northern Ireland Assembly to say that the decision about the timing of this collapse was Sinn Féin’s—it was the only party that wanted the collapse and it chose that timing.

That is vital in respect of two of the issues mentioned here today, with the first relating to the report of the historical institutional abuse inquiry. As a special adviser and a junior Minister for a period in the Office of the First Minister, I had policy responsibility for that area. I spoke to many victims of historical institutional abuse on an ongoing basis. Their stories are powerful and one has incredible sympathy with their recollections and accounts. That is why the Executive jointly moved—with Sinn Féin—to put in place the legislation and this independent body to look at these matters.

What was clear from the outset when I sat down to negotiate and talk about those terms of reference, when the Executive agreed them, was the date on which the report would come forward. Unlike some of the public inquiry legislation, the historical institutional abuse legislation had a deadline—it had a period of time specified, with a discretionary power to extend it, but only for one year. Right from the outset of that inquiry, and through the years of that inquiry, Sinn Féin knew exactly when that report would come forward.

I want to put on record my thanks for the excellent work that its chairperson, Judge Hart, did on that inquiry. One key thing he did was to bring it in not only on budget, but on time. The report was produced to the time asked for by the Executive and known by Martin McGuinness and Sinn Féin. When they collapsed the Assembly, there were just days to go before we got that report.

I raised the issue directly with the Finance Minister in the dying days of the last Northern Ireland Assembly and asked, why not hold on for a further week to allow for the budget to be presented to the Assembly and to be passed, to give certainty for the people of Northern Ireland and their public services? There was no reason not to do so, as I made clear. One week or two weeks would not have made any difference whatsoever in terms of that collapse. We did not want the collapse to happen, but Sinn Féin chose to collapse this and Sinn Féin chose the timing. That timing was when there was an already wildly overdue budget. Máirtín Ó Muilleoir and Sinn Féin will go down as the only people in Northern Ireland who had the finance ministry but failed to do their No. 1 duty, which is to produce the budget for Northern Ireland.

The second important issue in relation to the scrutiny of the Committee for Finance is that that opportunity is no longer there. Part of that role, which is set down slightly differently from the statutory duties and the duties of the Select Committees of this House, involves a statutory duty on the Committee to scrutinise and to ask for evidence, which we did. We called stakeholders and Departments to ask about the pressures within them. We took a look at the overall budget position and we would make recommendations. That process simply does not exist in the current situation, which is not good for Northern Ireland; it is not good for the budget not to have that process.

As has been outlined, the DUP has been clear: we are prepared to go into government right now—it is as simple as that. If there was a calling of the Northern Ireland Assembly tomorrow, we would be there. We are not asking for anything. However, it is not just the DUP, but the entirety of Northern Ireland that is being held to ransom by one party, Sinn Féin, which is making it clear that it will not go into government unless its demands are met. That is not the way to do business. I ask any interested Member from across this House to look at the programme for government agreed between the two parties. I have been clear that the only way to make coalition government work and to make this type of power-sharing agreement work is by focusing on what we agree on and not to get sidelined or obsessed with the things we do not agree on. Nobody will ever say that Sinn Féin and the DUP are the same party in relation to a whole range of policy areas. We accepted that and we accept that in a power-sharing arrangement. So let us get on and focus on what we can agree on. What we can agree on was contained in the last programme for government and that is what we should be doing and implementing.

There are plenty of issues on which we know Sinn Féin do not agree with the DUP. There are plenty of issues on which we could say to Sinn Féin, “We will refuse to go into government unless you agree to x, y or z.” We are not doing that because we do not hold the people of Northern Ireland to ransom.

The people of Northern Ireland need key decisions to be made on health, education, special educational needs and access to drugs and in respect of support and public services. Although in relation to a budget Bill this legislation is welcome, it is vital to remember that the decisions that need to be made have not been made for 14 months. No Government and no Department can continue like that. It is not sustainable and it is not fair on the senior civil servants and those trying to walk the incredibly difficult line between what is legal and what is not. They fear that they may end up in court at any time for the decisions that they are having to make. That is incredibly sad for everybody in Northern Ireland.

Despite my colleagues’ advice not to get into some of the issues, I wish briefly to raise several concerns that have been expressed to me. First, others have mentioned the severely disabled victims of the troubles who will be with us over the next couple of days. I have spoken to several Members about that and welcome their interest in meeting those people. It is clear that those people have great needs, particularly as they age. They need somebody to listen to them and to lobby for them—somebody they can ask to take up their cause—and most importantly, they need action, because they are the people who are suffering the most while others want to focus on divisive issues.

The reality is that the Irish language Act is a divisive issue on the ground. There is no consensus on it. It cannot be the case that the answer is to say to the DUP, “It’s your fault because you won’t simply roll over and agree.” We need to listen to people and to build consensus, because it is a divisive issue. We have plenty of divisive issues in Northern Ireland—there are divisive issues all over—and we can take the time to talk about them, but in the meantime our politicians must get on with doing what they need to do, which is to deliver for the likes of the severely disabled victims and their needs and for the victims of historical institutional abuse. I talked to those people throughout the historical institutional abuse inquiry and they said to me clearly, “We are not interested in the money. It is not about the compensation. This is about the truth and about getting to the bottom of what happened.” It is important that something happens as a result of that inquiry. The report has come out and has been sitting there. Those people need to see action taken on it urgently.

I have previously mentioned the pressures on our education sector. Schools are contacting us all with worries about their budgets, particularly in relation to special educational needs. We are seeing a rise of conditions such as autism and big challenges in relation to young people’s mental health. Such issues need to be addressed, but they require decisions. It cannot simply be a case of things rolling on. There is a programme for government. We have gone on for 14-plus months and it is far too long. Because of the current situation, which we do not want in Northern Ireland—a sad situation in which the negotiations have not produced agreement—I appeal to the Secretary of State to step up and ask her colleagues to put in place Ministers to make the vital decisions, for the good of all the people across all the communities in Northern Ireland.

--- Later in debate ---

[Ian Paisley]

It is good that we, as the country that I think drinks the most tea per head of population, are now exporting coffee, and to the largest market in the world.

We are going to have an influx of golf tourists coming to Northern Ireland for the Irish Open, and indeed the Open in 2019. The organisation—the Royal and Ancient—but more importantly the golf clubs in Northern Ireland, in particular Royal Portrush golf club, in the constituency of my hon. Friend the Member for East Londonderry (Mr Campbell), will need certainty about the finance for them and for those tournaments. Will the Minister ensure immediately, so that there is no delay, that those organisations get certainty and clarity about financial expenditure for golf tourism? This is going to be the single largest shop window for Northern Ireland—a very positive shop window—and the expenditure therefore needs to be properly underwritten by the Government.

[Emma Little Pengelly]

Does my hon. Friend agree that we have a number of excellent ambassadors for golf in Northern Ireland? They include our very own Rory McIlroy—congratulations to him. With him back on form, as demonstrated at the weekend, and winning across the world, this is the perfect time to maximise golf tourism in Northern Ireland.

[Ian Paisley]

We always used to mention the triumvirate of Rory, Darren and Graeme, but now there are so many good golfers in Northern Ireland that we do not want to get into naming them all, because we might offend one by leaving them out. My hon. Friend is absolutely right: we have a great golf ambassador in Rory, and there are many others.