Northern Ireland (Executive Formation etc) Act 2019

Debate between Emma Little Pengelly and Julian Smith

Monday 28th October 2019 Commons Chamber

[Julian Smith]

The consultation paper makes very clear that we have not set a timeframe. We have talked about the period of the troubles ending with the Good Friday agreement, but I am not prejudging the decision. Omagh is one atrocity, but there are many more, subsequent to the agreement, that we will have to consider as well. I want to hear from all victims. I want to hear from people who may not have been involved in a tragedy such as Omagh but whose victimhood may have resulted from their being in prison or being attacked, or as a result of a range of other experiences. I want to hear from all those people, and we will then reflect on what, if any, is the best timeframe for the payments.

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

The Secretary of State will know that there have been many detailed discussions about the legacy proposals, including discussions about dates. He will also know, from his time in his current role and also from briefing about events that preceded it, that—as far as I can recollect—all the political parties have been flexible about taking a compassionate approach. I do not think that this should be a controversial issue; I think that we should show compassion.

[Julian Smith]

I appreciate my hon. Friend’s intervention. That is exactly the approach that the Government will take. We cannot be hard and fast. We must be inclusive. We must ensure that the payment scheme, for which many Members have campaigned on behalf of constituents throughout Northern Ireland, applies to all victims. We talked about the period of the troubles during the consultation, but I was also careful to ensure that we would not be restricted to that and that we would work with Opposition parties to bring about a better definition if we need to define a period that is acceptable to us all.

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

Debate between Emma Little Pengelly and Julian Smith

Monday 9th September 2019 Commons Chamber

[Julian Smith]

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

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

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

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

[Julian Smith]

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

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

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