Northern Ireland (Executive Formation) Bill

Gavin Robinson Excerpts

Committee stage
Wednesday 22nd February 2023 Commons Chamber

I congratulate the family once again, and I assure them of our thoughts and prayers in the days, weeks and months ahead as Dáithí continues on his medical journey and as he moves towards getting his new heart.

[Gavin Robinson (Belfast East) (DUP)]

Anyone with experience of Northern Ireland issues will recognise what happens when they come to this Chamber. Joy is rarely associated with Northern Ireland issues when they come to the House of Commons, but Dáithí Mac Gabhann and his family have brought joy to this Chamber today. Nothing is broader than his smile from the Gallery, and it has warmed us all.

Much was said on Second Reading about the amendments, and about the politics of the amendments. I have no intention of delving into the politics but, when it was suggested that this could happen here, it was a strong aspiration but it was not guaranteed. Political parties are often accused of not working together, but my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) and the hon. Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry) sat down together and drafted new clause 1. As local parties, they knew the goal. Just as the family never engaged in politics and never lost sight of the prize, local representatives tabled their own amendments.

When I engaged with the Secretary of State late last week on his aspiration not only to support an amendment but to table his own amendments to make it happen quicker, there was nothing we could say in response other than, “Thank you, and please proceed.” He has, and I am grateful to him for doing so. We entirely accept the exceptionalism he has injected into the debate. We know he will not do this on a regular basis, nor are we asking him to, but today, for this issue, for Dáithí and for the issue of organ donation, that has been incredibly important. So I thank the Secretary of State, my right hon. Friend the Member for Lagan Valley and the hon. Members for North Down and for Foyle. I also thank Fearghal McKinney and Denise McAnena from the British Heart Foundation. I do not think Denise has been motioned, but she does the hard work in Northern Ireland for the British Heart Foundation. Wherever she is listening, I congratulate her on her efforts. I am glad that, despite all the challenges, the Speaker’s Office and the Government have accepted that this measure is important and within scope, and that the amendments could proceed today.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Extent, commencement and short title

Amendments made: 3, page 2, line 15, leave out “This Act extends” and insert

“Section 1 and this section extend”

This amendment is consequential on NC2.

Amendment 4, page 2, line 15, at end insert—

“(1A) Section (Organ and tissue donation in Northern Ireland: procedure for regulations defining permitted material) extends to Northern Ireland only.”

This amendment is consequential on NC2.

Amendment 5, page 2, line 17, after “Formation” insert

“and Organ and Tissue Donation”.—(Chris Heaton-Harris.)

This amendment is consequential on NC2.

Clause 2, as amended, ordered to stand part of the Bill.

New Clause 2

Organ and tissue donation in Northern Ireland: procedure for regulations defining permitted material

“(1) Section 52(4B) of the Human Tissue Act 2004 (draft affirmative procedure for regulations defining permitted material for the purposes of deemed consent to transplantation of human tissue in Northern Ireland) does not apply during the relevant period.

(2) Regulations made under section 3(9A) of that Act during the relevant period are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(3) In this section, the “relevant period” means the period—

(a) beginning when this Act is passed, and

(b) ending with the next day on which the Presiding Officer and deputies are in post having been elected under section 39(1) of the Northern Ireland Act 1998.”—(Chris Heaton-Harris.)

This new clause would amend the procedure for making regulations under subsection (9A) of section 3 of the Human Tissue Act 2004 while no Presiding Officer and deputies are in post so that they are subject only to negative resolution by the Northern Ireland Assembly.

Brought up, read the First and Second time, and added to the Bill.

Title

Amendment made: 6, line 5, at end insert

“and to amend the procedure for making regulations defining permitted material for transplantation in Northern Ireland under section 3 of the Human Tissue Act 2004 in the period until the Presiding Officer and deputies of the Assembly are elected.”.—(Chris Heaton-Harris.)

This amendment is consequential on NC2.

The Deputy Speaker resumed the Chair.

Bill, as amended, reported.

Third Reading

Northern Ireland (Executive Formation) Bill

Gavin Robinson Excerpts

2nd reading
Wednesday 22nd February 2023 Commons Chamber

[Chris Heaton-Harris]

Yes, 100%. The fact that people have not been able to meet face to face and build those relationships over a period is probably one of the hangovers of covid. The hon. Lady is entirely correct, although there is a different group of people I would rather see sitting in Stormont at this time, and I very much hope that that will be the case in the not too distant future.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State is right to say that Northern Ireland will succeed when our local politicians work together. We have done so in the past, and we have overcome much greater difficulties than this in the past. However, this issue is not about us; it is about what has been imposed upon us. Does the Secretary of State recognise that while all of us in Northern Ireland, collectively, will serve our people, it has been the case for too long in London that the personalities may change but the playbook does not? Too many consider Northern Ireland politics to be but a game, although for us—for all of us, across communities—it is too important to be treated as a political game. I say that in the aspiration and hope that the Secretary of State recognises that what we have had for the past few years is not good enough, and that the determination to crack the protocol and the impositions that are plaguing all communities in Northern Ireland will resolve those issues.

[Chris Heaton-Harris]

I hope the hon. Gentleman does not mind if I gently push back. I have yet to meet anyone in Government who thinks that the politics of Northern Ireland, and the people of Northern Ireland, are anything to do with a game. This Government take their responsibilities for every part of the Union, including and especially Northern Ireland, unbelievably seriously, and I hope we will be able to demonstrate that, with the hon. Gentleman, in the coming days and weeks.

Northern Ireland Budget Bill

Gavin Robinson Excerpts

Committee stage
Monday 23rd January 2023 Commons Chamber

[Gavin Robinson]

I know that if I had attempted to discuss my new clause in Committee, I would have been asked to sit down, but I want the Minster to take away the sense of feeling in the debate about the precarious sustainability of Northern Ireland’s finances in the longer term. I also recognise that the hon. Member for North Dorset (Simon Hoare) has indicated his willingness to engage on the issue.

Some information provided by the Minister demonstrates the danger of falling into the trap of seeing inflation rises and saying, “Yes, we can say it is the most money Northern Ireland has ever had in this year and any previous year”; if the gap continues to narrow and public services get to the stage where they simply cannot function, there has to be a recognition that there is a better way of doing things and financing our public services.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Northern Ireland Budget Bill

Gavin Robinson Excerpts

2nd reading
Monday 23rd January 2023 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

As you know, Madam Deputy Speaker, it is customary to say that it is a great pleasure to follow the previous speaker—in this case the hon. Member for Foyle (Colum Eastwood)—so may I thank him for the comments that he made about Dáithí’s law, which makes that convention easier to abide by? I agree with him wholeheartedly, and I thank him for his sincere remarks about our former colleague Alex Easton, the independent Assembly Member for North Down. In such harrowing and tragic circumstances, those remarks will be appreciated by him and by all those around him.

I do not think that there is any need to delve into some of the squabbling of the past 10 minutes, but I place on record my appreciation for the comments of the shadow Secretary of State, the hon. Member for Hove (Peter Kyle). He rightly identified the huge failure on the part of the Government to deal with or grasp the issues presented to them in the six months following the September 2021 speech at La Mon in which my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) outlined clearly, in intelligible terms that anyone could understand, how the protocol was fraying the strands of the Belfast agreement. The more those strands fray, the more likely it is that they will snap.

We should not need a history lesson in this Chamber to know that in New Decade, New Approach an agreement was struck that dealt not only with police officer numbers, but with the fact that Northern Ireland had been removed from the United Kingdom’s internal market. A commitment was given to restore Northern Ireland’s place within the United Kingdom’s internal market. If that commitment had been delivered, we would not be where we are today. If the warning that the shadow Secretary of State has highlighted had been heeded at that stage, steps would have been taken to ensure that we did not end up where we are today.

I had to smile when the Chairman of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare), said that we get fed up with him. He then had more to say, but I agreed too early, so I apologise for that. However, he has stood at the vanguard of those who have dismissed and demeaned the legitimate political concerns that have been raised—not post the Northern Ireland protocol, but during its passage through this House and in all the tumultuous years that led up to that point. It was clear as day: we did not support it in October and November 2019, and we did not support it when we came back in January and February 2020.

It is clear as day that when Northern Ireland is removed from its integral place within the United Kingdom, without the consent of people in Northern Ireland; when a situation is created in which Northern Ireland Assembly Members are no longer able to vote, speak or shape laws that attach to trade; when a huge cost is placed on consumers across Northern Ireland and product choice and availability is removed; when there is an attempt to subvent that at a cost of £358 million over the past two years, or some £460,000 a day, for the trader support service in order to ameliorate the bureaucratic requirements associated with the protocol, with grace periods in place; and when people have the temerity to talk about a cost of living crisis, without recognising the huge costs placed on consumers and businesses in Northern Ireland because of decisions taken by this House, there is a problem.

I am extraordinarily sorry to say that this is the second time that as Members of Parliament here we are having to set a Budget for the people of Northern Ireland. That should not be the case. The issues should have been grappled with much earlier. The Chairman of the Northern Ireland Affairs Committee indicated that civil servants cannot make decisions, but we passed the Northern Ireland (Executive Formation etc) Act 2022 in this House last year. Section 3 of that Act makes it very clear that civil servants are empowered to make a decision even when it has not been put to the Executive, if

“it is in the public interest”.

Am I suggesting that that is an ideal situation? No. Am I suggesting that it could not be better? No. Would we like to be in Stormont, shaping our own destiny? Absolutely we would, but we should not suggest, as has been suggested, that decisions of public importance on life-and-death issues—decisions that are in the public interest—should not or cannot be taken. They can.

That is why I have raised with the Minister of State, on a number of occasions, an issue around Grenfell cladding, as but one example. The hon. Member for Belfast South (Claire Hanna) will know that she benefited from Grenfell moneys in her constituency because a building there had an ACM cladding system. In my constituency, buildings have non-ACM cladding, for which the Executive have not yet created a scheme. I am not talking about money that the Executive need to get from Whitehall—they already have it. In March 2020, I got letter from the Finance Minister saying that the money had been reallocated because we did not have a scheme, and yet in one complex alone in my constituency there are 474 apartment owners who know that their building is made from materials that need to be remediated. They also know that, two years ago, the Executive got money from Whitehall to remediate that building. They cannot sell their properties. They cannot get an EWS1 form. They cannot borrow against their properties. They are stuck until the scheme is delivered. We are talking about remediating cladding that is a fire safety issue.

[Mr Steve Baker]

The hon. Member makes his point with great force on behalf of his many constituents. Since last week, when we met and discussed the subject and I wrote to him, my officials have confirmed with Northern Ireland civil servants that a scheme is under development. I know that he will continue to champion his constituents on this issue and I will continue to be in touch with the Northern Ireland civil service on this point. Obviously, we do need to see progress on that.

[Gavin Robinson]

I thank the Minister. I appreciated the correspondence, which he copied to colleagues as well, and I appreciate him looking at this. The scheme that was referred to his officials has been under development for well over 12 months now. The scheme envisages a Whitehall Department—it will remain nameless—which is already administering the scheme in England, administering the scheme on our behalf in Northern Ireland as well. Yet, even though we passed legislation in the Northern Ireland (Executive Formation etc) Act 2022 last autumn, officials are still suggesting that, when the scheme is developed, they cannot do anything because they need the Executive to agree it. I was grateful for the clarity in that legislation last autumn that that is not the case and that it need not be the case. It is in the public interest that officials should advance that in the absence of functioning institutions at Stormont.

I raise that as just one discrete issue to highlight how things must move on. Policies must progress. When money has been attributed by Westminster to Northern Ireland for that specific purpose, when the Executive have accepted that there needs to be a scheme, and when there is a blatant need for people who are trapped in their homes or for fear of fire safety issues, it needs to happen.

I mentioned that this is the second time that we have considered a Budget Bill in this place. I want us to cast our minds back to the last process. In that, the Treasury started off with the new regional rate for Northern Ireland at something extraordinarily ridiculous like 18%. I see that one official who was scarred by that process has returned for a second go. However, 18% was absurd. We had to engage significantly with the Treasury on that. In those discussions with the then right hon. Member for Runnymede and Weybridge, now Lord Hammond, it was clear—this is the importance for this debate—that we cannot just keep on with the same funding system for Northern Ireland. I invite the Chair of the Northern Ireland Affairs Committee to have an inquiry on that specific point.

There is absolutely no point in either today setting a Budget and thinking things will get better tomorrow or establishing an Executive and believing that it will all be okay. The Northern Ireland funding system does not work. The Northern Ireland funding system will only get worse. The Minister enjoyed saying that Northern Ireland gets a 21% premium above his constituents in Wycombe, but if we are honest about the figures, his constituents are outbid by a 30% premium for households in London, 20% for those in the north-east of England and 20% for those in the north-west of England. All those individuals do better in funding per household than the affluent south-east of England.

Northern Ireland has a disproportionately larger public sector, even though it has a smaller population, because there needs to be a critical mass to provide services. We have higher levels of deprivation; the hon. Member for Foyle mentioned it, and parts of my constituency, west Belfast and other urban environments are in exactly the same position. Rural deprivation is also disproportionately higher than in other parts of the United Kingdom. That all goes back to the Barnett formula from 1979; the Northern Ireland Affairs Committee should grasp the issue. When we engaged with the then Chancellor of the Exchequer, there was a recognition of that, but if someone were to ask the Treasury today whether there is a problem with how Northern Ireland is funded, it does not seem to have any legacy knowledge of that discussion.

Importantly, it was agreed in New Decade, New Approach that a Northern Ireland Fiscal Council would be established to consider how Northern Ireland is funded and the sustainability of our funding system. That has been established and it has published incisive reports that are ignored. If they are not ignored, they are picked up only because people are interested in newsworthy items about Brexit or about the potential for water charges. People are missing the core element of those reports, which is the recognition that, if we do not systematically change how Northern Ireland is funded, the situation will only get worse.

In January 2023, the Northern Ireland Fiscal Council considered the long-term projections for the Northern Ireland block grant. It was 29% of the premium that we received in the 1970s and it has fallen sharply since.

[Simon Hoare]

If the hon. Member would like to set out in a short email or letter to the Committee the scope of the inquiry that he envisages and the reasons that underpin it, I will take that to Committee colleagues in the not-too-distant future and see what, if any, progress we can make on it, because he makes a valid point.

[Gavin Robinson]

I am grateful to the hon. Gentleman.

It is what is known as the Barnett squeeze: it started off at 29%, it was 25% in 2002 with the Northern Ireland Executive, and it is currently sitting at 21%. Over the next 50 years, it will be 6%. That 6% higher sounds great, but it is not when we assess the relative need of people in Northern Ireland and the disproportionately higher level of public services. The pay parity issue in 2019 and 2020, when nurses went on strike for the first time in the UK in Northern Ireland, illustrates the point entirely: pay awards were being agreed in England, but the funding was not being sent to Northern Ireland to pay nurses the money that they deserve.

In September, the Northern Ireland Fiscal Council was as clear as it could be when it said that, by 2030, Northern Ireland will have public spending below relative need. The tensions we hear about today, and the pain we experience in individual aspects of public services, indicate that we are quickly getting to the point where we cannot provide the public services that people in Northern Ireland need at the funding levels that we have. In the next spending cycle from 2022 to 2025, Northern Ireland will see a 3.6% increase in spending, but in England, there will be a 6% increase. The squeeze will get worse.

I say all that not to be boring—I do not like economics; I do not find it that interesting—but because it is crucial. In Northern Ireland, the headlines will be, “Parliament rushes through a Budget Bill.” The Bill is a snapshot in time that crystallises what has happened over the last 10 months, determines what will happen for the rest of the financial year and sets out projections for the next six months. It misses the fundamental point, however, that unless there is a total and earnest recalibration of how Northern Ireland is funded, the situation can and will only get worse. With or without an Executive, and with or without a protocol, this will only get worse, and public services in Northern Ireland will stall. They will stall and get to a point where it is irretrievable. As an elected representative who believes in raising issues that are of huge importance to the people I have the privilege of representing, I cannot let this evening pass without raising those fundamental issues.

[Ian Paisley (North Antrim) (DUP)]

It is a pleasure to follow my hon. Friend the Member for Belfast East (Gavin Robinson) on this matter. At the outset of my speech, I also refer to the very kind comments made about our colleague Alex Easton. In the course of today’s events, he has sent a little text message thanking colleagues for their kind messages. The unbreakable heartache he must be going through will be unfathomable to most, and we leave him in the care and grace of his God and saviour at this time.

Turning to the less solemn issue of the Budget in Northern Ireland, which this House is passing, I chided the Minister earlier that no doubt he would say that, if we had a functioning Executive up and running in Northern Ireland, the Budget at Westminster would not be necessary and everything would be much better. Legislating for the Northern Ireland Budget Bill at Westminster is of course a mark of the failure of the Government to create the conditions to help restore the Executive. The Democratic Unionist party cannot do that on its own, despite the childish comments from some that, if the DUP just got over the protocol, this thing would be sorted out. If it were that easy, most of us agree it would have been sorted out, but it is not, because there is a problem here that has to be addressed.

It is now two years since the protocol came into effect and the Government have still failed to fix the problem of the protocol. I remember the first debate in the House back in the new year, in January, after the protocol had come into effect. I said then that within a week it was clear that the operation of the protocol would be an unmitigated disaster for Northern Ireland and we should move immediately to trigger article 16. I was told that that was premature and, “Don’t be silly, that cannot be the case.”

It has taken two years for the penny to drop. Among the architects of the protocol, even Leo Varadkar in recent days has indicated his regrets at signing up to it. Former Taoiseach Bertie Ahern was in the House at the Northern Ireland Affairs Committee today and again said that this matter has to be resolved. Thankfully, the chorus has started to change. My hon. Friend the Member for Belfast East is right to single out the shadow Secretary of State for Northern Ireland, the hon. Member for Hove (Peter Kyle), for, I think for the first time from the Dispatch Box, making it clear that Unionists have actually got a point here, and sooner or later that point has to be addressed.

Six months after I gave my comments in 2020, in a Command Paper, the Government accepted that the

“combination of serious economic and societal difficulties, along with the obvious diversion of trade, would justify”

triggering article 16. That was 18 months ago. We are in what is called the can-kicking phase of the protocol’s existence, with the can just being kicked down the road and nothing actually being done, when all the evidence clearly suggests things should have been done years ago. They were flagged up. There was no excuse not to do them—they were flagged up and should have been done years ago.

A further year on, with no substantive action having been taken and following the understandable and inevitable collapse of the Northern Ireland Executive, the Government introduced the Northern Ireland Protocol Bill, claiming the legal justification of necessity. In international law, the doctrine of necessity requires “grave and imminent” peril, yet a further six months and more have passed and the Northern Ireland Protocol Bill appears to be stalled in the other House.

I know the Secretary of State and the Minister of State, and indeed others, want the DUP to put hope over bitter experience and take this Government on trust and restore the Executive before the protocol has been fixed, but the Minister of State will know that it is not going to happen. I have referred to his comments on 23 October when he set the standard; it is a very good and high standard and it has to be met. The Government have got to deal with Unionist demands on the protocol. Those are not just my words but the Minister’s words, and I appreciate his echoing them. There is no point in the Government’s complaining about legislation for a Northern Ireland Budget in this House given that they have failed to address the problems of the protocol over the past two years, when they have had ample opportunity to do so. I hope they will address them now.

I do not criticise the Government for legislating on this matter. I want His Majesty's Government to govern. I do not want them to manage; I do not want them to hold the ring until something better comes along. There will be things with which I disagree and there will be things that I oppose, but it is the Government’s job to govern for our region of the United Kingdom when devolution is not in operation. I therefore do not criticise the Bill on that point of principle, but I believe it has taken far too long for the Government to act, and as a result the public sector finances in Northern Ireland have continued to deteriorate. We need to address that as a matter of urgency.

The options do not get any better if the inevitable is delayed. The time and the personal political credibility of the Government were wasted when they were playing around saying that there would be another election. That was the time for them to act immediately. They should have acted when the leader of my party pulled the First Minister out of government, but it is not a matter of 20 days or so but a year since that happened. The Government have had a year in which to do something about this, not just since the election but well in advance of it. A great deal of time was wasted over that year when the Government were not grappling with the issue.

As my colleagues have already pointed out, devolution of itself does not generate money, with the exception of the rate take. It is important to guard against the idea that an Executive would be an answer to many of the serious challenges faced by public finances. That is not abrogating responsibility; it is a statement of fact. We should not pretend that the Executive is a solution to all our problems. The mere fact that devolution does not produce money is one indication of that. Ironically, spending in Northern Ireland will probably be higher this year in the absence of an Executive—because the Secretary of State was able to secure flexibility from the Treasury—than it would have been if the Executive had been in place. This comes at the cost of next year’s Budget, which I think will be a worry for many people.

There are three points that I want to leave with the Minister. First, the Budget does not deliver on NDNA commitments. As some of my colleagues have already observed, NDNA spelt out the need for a sufficient increase in resources to allow the number of police officers to rise to 7,500, but the Budget does absolutely nothing to achieve that. In passing the cultural legislation, the Government placed reliance on the purported implementation of the NDNA agreement, but the Budget flies in the face of that approach when it comes to policing, which is something that will affect everyone in Northern Ireland.

Secondly, the Budget fails the children of Northern Ireland. It is one thing to set a challenging Budget at the beginning of a financial year, but it is quite inappropriate to impose damaging and undeliverable cuts in the final months. I think that all Northern Ireland Members—and, I hope, the Government—have received copies of a letter that was sent jointly and uniquely, for the first time, by the chief executive of the Council for Catholic Maintained Schools, the chief executive of the Controlled Schools’ Support Council, a chief executive in the Irish sector, the chief executive of the Catholic Schools’ Trustee Service, the chief executive of the Governing Bodies Association Northern Ireland, the chief executive of the Northern Ireland Council for Integrated Education, and the chairperson of the Transferor Representatives Council. That letter spells out very clearly that the authors

“question the lack of parity”

between Northern Ireland and the rest of the United Kingdom. They ask:

“Why is the education of a young person in NI valued less than those in England, Scotland and Wales?”

My right hon. Friend the Member for East Antrim (Sammy Wilson) went into that in some depth. He has significant knowledge, having for a long period headed the section that set the exams in Northern Ireland. I am delighted for Scottish kids. They get the equivalent of £7,600 per pupil. In Wales it is about £6,600, and here in England it is £6,700. Northern Ireland gets £6,400. There is a significant decrease in the moneys available to help children in Northern Ireland, and that crisis is not addressed by the Budget that this House and this Government are presenting to us this evening.

[Gavin Robinson]

To add to that, I outlined the difficulties of the squeeze over the next three financial years, which will see £2,000 taken from the spend of every household in Northern Ireland. That is almost 10% in public spending off every household in Northern Ireland over the next three years.

[Ian Paisley]

I thank my hon. Friend for putting that on the record. It is clear that this Budget and the squeeze that he identified—set by this House—leaves the Northern Ireland education system facing a funding crisis that will affect every child and young person, not just this year and next year but for years to come.

The third point I want to leave with the Minister is that this Budget makes next year’s Budget even more difficult. I touched on that in my earlier comments on being able to get money out of the Treasury. Though it was not highlighted in the Secretary of State’s November statement, this Budget is balanced only by robbing from next year’s Budget. That will make it even more difficult for any new Executive to agree a Budget, given the cost of living crisis and wage pressures. In the absence of reforms or additional funding, it is difficult to see how next year’s Budget will be credible at all.

At the outset of his comments the Minister thanked the various permanent secretaries in Northern Ireland for taking on a very difficult task. It should be pointed out that the various permanent secretaries in Northern Ireland have described this Budget as grotesque. They are not happy being left to carry the can. We find ourselves in a constitutional netherworld where the Secretary of State dips in and out of devolved responsibilities formally and informally in a manner that is frankly unacceptable. That has been referred to by former senior civil servants as an affront to the democratic process.

Although Parliament has the right to legislate for Northern Ireland in the devolved field, it is only in very narrow and carefully defined circumstances that it has the power to take executive decisions. We have seen the Government taking legal powers to intervene in areas such as abortion law and the implementation of the protocol, but not to tackle hospital waiting lists or Dáithí’s law, as raised by the hon. Member for Foyle (Colum Eastwood), to allow Northern Ireland’s new organ donation laws to take effect.

Many will question the political morality of the choices that the Government have made and the right to do that, but it is equally unacceptable, in the absence of direct rule, for the Minister to make Northern Ireland civil servants answerable to him. Direct rule is a legitimate choice for the Government to make in the absence of devolution. It is not a choice that we are asking them to make, but indirect rule where the Secretary of State seeks to wield power without taking responsibility is not acceptable. It puts civil servants in an intolerable position. They are expected to make the cuts but do not have the authority to bring forward the reforms. I go back to my first point to the Minister: govern, do not manage. That is the job and that is what should be done. I hope that the Government will act now. There is an old saying that if you break it, you fix it.

By signing up to the protocol, the Government broke the institutions first created by the Belfast agreement. Rather than asking Unionists in Northern Ireland to do the politically impossible, the Government should face up to their own responsibilities. The Budget will pass this House tonight, but very soon the constitutional no man’s land must come to an end. Either the Government should fix the protocol so that new arrangements can be supported by Unionists as well as nationalists, or they should take responsibility for decision making in Northern Ireland in a way in which they can be held accountable properly and thoroughly by this House.

Northern Ireland (Executive Formation etc) Bill

Gavin Robinson Excerpts

Committee stage
Tuesday 29th November 2022 Commons Chamber

[Mr Steve Baker]

In speaking in favour of clause 1 standing part of the Bill, I do not propose to go through the Bill clause by clause and elaborate on its purpose, because the Secretary of State has not long done that during the debate on Second Reading. I also sense that Members have already spoken to the content of many of the amendments, so I propose to conclude my initial remarks now and then come back to the amendments in detail at the end of the debate.

[Gavin Robinson]

I wish to speak to the amendments in my name and those of my party colleagues. I have a sense from the way in which some colleagues have gathered that they are interested in an accelerated conclusion to proceedings, but I know that nobody would want to deny us the opportunity to talk to important matters that affect the Province and governance in Northern Ireland.

I suspect that the conclusion to our consideration of amendment 13 will be positive and allow Members to retire gracefully from the Chamber. Until we get there, however, it is important to say that I hope that Members were able to discern on Second Reading that there is agreement across the parties on the content of a whole range of amendments—some in scope, some out of scope —tabled for Committee. A number of the amendments are remarkably similar in intent and import. Whether we are Members of the Social Democratic and Labour party, the Alliance party or the Democratic Unionist party, there is common ground to be had among all of us in this Committee stage and in other areas that fell outside consideration. If there is any encouragement to be taken from these proceedings, that should be it.

Amendment 13 is important, given that what we have in governance at the moment is suboptimal. There are ways in which we can enhance the governance oversight and democratic accountability of decisions taken through this Bill. We are asking that the Northern Ireland Office consider incorporating and involving Members of Parliament and Members of the Legislative Assembly in the decisions taken and in notifying us accordingly. That is the import of amendment 13.

[Mr Baker]

rose—

[Gavin Robinson]

I know that the Minister has considered amendment 13 and that he has published helpful guidance, which he may wish to address now.

[Mr Baker]

Yes, we published the guidance as my right hon. Friend the Secretary of State was making his opening remarks. I draw the House’s attention to paragraph 15 of the draft guidance, which says that records should be kept of decisions that have been taken by officials. It goes on to say:

“A monthly summary report of decisions taken using the Guidance should be prepared by NI Departments and shared with the Secretary of State. The Secretary of State will promptly make these reports available to Parliament.”

We will be very happy to append “and MLAs”, and I hope that the guidance, as we aim to amend it, meets the aims and intentions of the hon. Gentleman’s amendment.

[Gavin Robinson]

We are almost there. I am very grateful to the Minister for that clarification. Clearly, the guidance says that the reports will be made available to Parliament. In our normal understanding, that would mean laying those reports in our Library. If we are incorporating MLAs, I think it would also be appropriate for relevant MPs who have expressed an interest in the passage of this Bill and who are from Northern Ireland to be able to get access to those reports. That means making them available in the Libraries of the House of Commons and the House of Lords, and to the Northern Ireland Assembly and relevant representatives.

[Mr Baker]

Absolutely no problem. We will implement that as the hon. Gentleman suggests.

[Gavin Robinson]

Dame Rosie, you can see that there is a willingness and desire to move things along. I am very grateful to the Minister and to the Secretary of State for their engagement. That is a helpful clarification on the guidance.

As I mentioned tangentially during an intervention I made on Second Reading, a number of amendments that were tabled fell outside the scope of the Bill, but I hope that the Northern Ireland Office will engage with us and colleagues across the House pragmatically over the next few weeks, because these issues are not going to go away and need to be resolved.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I call the Chair of the Northern Ireland Committee.

Northern Ireland (Executive Formation etc) Bill

Gavin Robinson Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Chris Heaton-Harris]

The trial is certainly being watched assiduously by my officials and me. However, this Bill is about the restoration of the Executive in Northern Ireland—something that is very important indeed. Unfortunately, the time has come for the Government, and indeed for hon. and right hon. Members in this House, to take action in response to the governance gap that has emerged in Northern Ireland, and that is what this Bill seeks to do.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State outlines his disappointment that we do not have functioning devolution in Northern Ireland and I share that disappointment, but he knows acutely why the Government are not functioning in Northern Ireland. Instead of sharing his disappointment, can he tell us why, in the three weeks since the duty to call an election—or the past 10 months—there has been no fundamental, sincere or considered progress on resolving the Northern Ireland protocol?

[Chris Heaton-Harris]

I am afraid that it is unfair of the hon. Gentleman to say that. He and this Government are absolutely not commenting day-to-day about the talks between this Government and the European Commission. As both the Foreign Secretary and I have set out at the Dispatch Box, we will continue not to do that.

--- Later in debate ---

[Mr Baker]

The right hon. Gentleman makes his point with great clarity and force, but I think he encourages me to stray a little too far from the Bill on this occasion. If I recall correctly, I have replied to him on the question of veterinary medicines—whether through a parliamentary answer or a letter, I forget. I think I have signed off a reply, but I will check.

Officials are continuing to hold technical talks, but the reality is that there is still some distance between us, even though some of our technical solutions are relatively close. I say to Members on the Labour Front Bench that we need to continue to show resolve. Anyone watching this debate will see that a great degree of consensus has broken out on all sides. My hon. Friend the Member for North Dorset, the Chairman of the Select Committee, referred to our bromance, and although I have to tell him that he is not actually my type, people might like to observe the good will that exists in all parts of the House. We all want to get the protocol resolved so that we no longer have to talk about it, get the Executive up and running and move on to providing the good government that the people of Northern Ireland deserve.

Before moving on to other contributions, I want to join Labour Members in thanking the PSNI, particularly in the difficult circumstances it has recently faced.

With great respect to my right hon. Friend the Prime Minister, I do not think that his visiting Belfast and holding multi-party talks will be a silver bullet. We can see plainly what the obstacle is to the formation of the Executive, and we need to focus our efforts on the European Union. I should just say that the Prime Minister’s attendance at the British-Irish Council in Blackpool was the first such attendance by a Prime Minister since 2007, and I am grateful that he had the opportunity to meet the Taoiseach.

The Chairman of the Select Committee, my hon. Friend the Member for North Dorset, made a point about the normalisation of politics, which elicited an interesting response from the leader of the DUP, the right hon. Member for Lagan Valley. We have to be extremely clear that we are always going to uphold all three strands of the Belfast/Good Friday agreement, and the right hon. Gentleman set out clearly that that involves the consent of all communities. During my short experience of being in Northern Ireland, I have heard from the public there—and from a number of Members here, including the hon. Member for Belfast South (Claire Hanna)—that people are clearly in the market for normal political government that concentrates on public services, and that there is a desperate need for that. I am grateful to my hon. Friend the Chairman of the Select Committee for making that point.

The role of the Irish Government was brought up by my right hon. Friend the Member for Beckenham (Bob Stewart). I want to be absolutely clear that we are not considering joint authority, nor will we. We have kept the Irish Government apprised of our plans to maintain public services in Northern Ireland in the absence of Northern Ireland Ministers. The Irish Government share our commitment to devolution and the Good Friday agreement. We are pleased that we have begun to transform our friendship and relationship with Ireland, and we will continue to do so.

A number of Members, and particularly the hon. Members for North Down (Stephen Farry) and for Strangford (Jim Shannon), raised the position that officials will find themselves in. We recognise that civil servants should not ideally be put in a position where they need to take political decisions themselves, but we simply cannot bring forward this further extension without taking measures to ensure that some decisions can be taken in the meantime. We believe that the Bill provides Northern Ireland’s civil servants with the clarity they require in order to take the limited but necessary decisions to maintain the delivery of public services during this period.

[Gavin Robinson]

I want to raise an important amendment that was tabled but not selected for consideration in Committee, on the Grenfell remediation scheme for non-aluminium composite material cladding. The money was distributed and then reallocated in Northern Ireland because the scheme was not in place. There are ongoing discussions with Whitehall. This is a public safety issue and, given that there was a fire in Belfast’s Obel Tower just two days ago, it needs urgent attention. Can we remove party politics and, if we are not going to get traction with this Bill, at least have a commitment from the Minister and the Secretary of State that they will turn their urgent attention to this?

[Mr Baker]

The hon. Gentleman knows that the Government care very much about this issue, as he does. This is a good moment to say the Bill is absolutely not taking powers for this Government to direct what happens in Northern Ireland on any particular policy, which is a good reason to come on to the issue raised by the hon. Member for Walthamstow (Stella Creasy), whom I congratulate on her victory in providing abortion in Northern Ireland. Before the Bill completes its passage through the other House, we will have commissioned services in Northern Ireland, but the Bill does not give Ministers of this Government the power to direct what is delivered by the Northern Ireland Department of Health, which will find that it is compelled to commission abortion services, but many of the questions she raises will be properly decided in Northern Ireland. That still relies on the Executive reforming to get the work done. We will commission services and, of course, the Secretary of State and I will continue to take a close interest in how those commitments are carried through and delivered.

The hon. Member for East Londonderry (Mr Campbell) raised the issue of Sinn Féin MPs, and he talked about a figure of £10 million, which I do not recognise, so I would be grateful if he provided a breakdown so that I can consider what he said. Sinn Féin MPs are not paid salaries, because they do not take their seats. If we were to treat MLAs similarly, we would presumably reduce their salaries to zero, which is not our intent. We will have an evidence base when the Secretary of State makes his determination, and that evidence base is not likely to recommend the complete removal of salaries. We have chosen, for good, technical reasons, not to connect our measures to pensions. Of course, other measures, such as allowances, will continue.

Northern Ireland Elections

Gavin Robinson Excerpts

Wednesday 9th November 2022 Commons Chamber

[Chris Heaton-Harris]

I think the right hon. Gentleman will be pleased with the pace and sincerity with which negotiations and talks will continue in the coming weeks.

[Gavin Robinson (Belfast East) (DUP)]

I welcome the Secretary of State’s commitment that there will be no consideration of joint authority. May I mildly castigate the Northern Ireland Office for the 48-hour hiatus when it left that question hanging two weeks ago, with no clarification given? It is a welcome commitment given on the Floor of the House today. If he is extending that commitment into considering the three-stranded approach within the Belfast agreement, was he as bemused as I was to see the Taoiseach of the Irish Republic last Monday indicate that any reforms would have to involve and be predicated upon the agreement of the Irish Republic? The Secretary of State knows that is a breach of strand 1. Does he accept that to facilitate the Irish Government having such a role would represent the joint authority he has just ruled out?

[Chris Heaton-Harris]

It is kind of the hon. Gentleman to admonish my Department. I think he will find—this is a problem that politicians have—that I did stand outside the Northern Ireland Department and knock back joint authority within a few hours of it being mooted, but I had also said a couple of other things that seemed to catch the public’s eye rather than that. Our focus is on ensuring that the institutions in Northern Ireland are able to deliver on the priorities of its people, which means that our first priority must be restoring the Executive. The people of Northern Ireland deserve a stable and accountable devolved Government and we will continue to work tirelessly to secure that objective. I hear what he says about other commentators. He will understand that there is a massive international focus on what is going on in Northern Ireland. I, like him, intend to ensure that all strands of the Belfast/Good Friday agreement continue to be agreed to.

Identity and Language (Northern Ireland) Bill [Lords]

Gavin Robinson Excerpts

Wednesday 26th October 2022 Commons Chamber

[Jim Shannon]

I am happy to platform Unionism and more than happy to voice the Unionist opinion, which comes clearly to me from my constituents in Strangford. At the end of the day, we will hear the Minister respond and probably be disappointed—we know what he is likely to say. However, I hope he will listen intently to what we have to say. We are looking for parity under the Bill, and we do not see that.

[Gavin Robinson (Belfast East) (DUP)]

My hon. Friend will set out our aspirations in the amendments we have tabled. Those amendments are about getting back to what was agreed in New Decade, New Approach. On Second Reading, we heard time and again that the Bill was all about honourably introducing what was agreed in New Decade, New Approach. It is not. The three model Bills published at that time differ fundamentally from what we have before us this afternoon. Despite the bonhomie and friendly assurances, the Government have an opportunity to embrace amendments that take us back to what was agreed in New Decade, New Approach. Will my hon. Friend encourage the Government to embrace what was agreed and to not set aside what was agreed for the sake of political expediency and at the behest of others?

[Jim Shannon]

I will make that point very clearly. My hon. Friend is right. That is our plea to the Minister. He and I entered this House together in 2010. We were good friends from the very beginning and we still are, but in the spirit of our good friendship, I suggest that we need some understanding of our point of view, and we are not convinced we have that at the moment.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

I thank you for your chairmanship of the Committee, Mr Deputy Speaker. At this point in the parliamentary consideration of this Bill, I rise in sorrow rather than anger. When I spoke on Second Reading, I departed somewhat from my colleagues by not only trying to embrace the overall impact and ethos of what was agreed in New Decade, New Approach but asking the Government to come back to what was agreed two years ago. When New Decade, New Approach was agreed in 2020, it was the foundation, the bedrock, for the restoration of devolution in Northern Ireland. It included not only the provisions, aspects of which we see today, but a commitment on legislating to protect the UK’s single market, yet here we are, with no progress on the main issue. This is destabilising, ensuring that we do not have functioning devolved government in Northern Ireland. Another departure, another stepping away from the basis of what restored our Executive two years ago, and that grieves me.

When we went through the Bill in detail, not only on the Floor of this House but in private meetings with officials over the last 18 months and with the Minister this week and last week, showing exactly how the Bill departs from what was agreed, we were met with indifference or with a response that indicated, “We hear you but we are going to do nothing for you.” I was pleased to hear the shadow Minister, the hon. Member for Gower (Tonia Antoniazzi), mention the totality of the relationships involved in the Bill, but the Minister talked about joy for one community.

I know that Members have stayed in the Chamber not to hear my contribution but because of what they expect to come. We cannot support this Bill. We cannot support the departure from that which restored devolution just two years ago. My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) indicated that this would be an issue that we as a party would have to revisit, but although we consider—regretfully, sorrowfully—that the proceedings around this Bill have been a charade, we are not going to put the House through the charade of a Third Reading vote. This is an issue that we will have to come back to, because the fine balance that was there two years ago has been shattered by this Bill.

Northern Ireland Residents: British Passports

Gavin Robinson Excerpts

Tuesday 18th October 2022 Westminster Hall

[Mr Campbell]

My hon. Friend has hit the nail on the head in a succinct way, which I hope to elaborate on over the next few moments.

The Irish Government took action because they regard citizens on the island of Ireland as Irish citizens, if they choose to be so regarded. Unfortunately, our Government have not done the same. There are those who are resident in Northern Ireland, and have been for decades, who must be able to do the same for a British passport as those who choose to be Irish can do for an Irish passport, yet they are not permitted to do so. We have an open land border with more than 280 crossing points along its 300-mile length and we are all familiar with the issue in relation to the protocol, the EU and all those things. Over decades and for generations, communities and families have traversed this open border for business and socialising. For that reason and because of the common travel area, successive British Governments have indicated that they do not mind which nationality people prefer to have.

According to UK law, anyone born before 1949, when the Republic of Ireland left the Commonwealth, who wishes to become a British subject can do so, but anyone born after 1949 cannot. That means that if someone were born in the Republic in 1950 and the day after their birth moved to live in Northern Ireland, became a UK resident, grew up and became a UK taxpayer and UK voter—in one famous instance they sat in the British establishment of the House of Lords—they would still not be regarded as a British citizen, because they were born at the wrong time. People born a few miles across the border are disadvantaged in this way. They have to go through the same naturalisation process as people coming from the other end of the earth in order to be regarded as British citizens. This has obviously created angst and annoyance.

We now have a tale of two passports. One is a passport of the United Kingdom of Great Britain and Northern Ireland, which people like me cherish and will have for as long as we live, as will our children and grandchildren. The other is of the Irish Republic, which some people in Northern Ireland are forced to have because they cannot have the passport they associate with their sense of identity, allegiance, loyalty and belonging. They are British, but they are forced to have an Irish passport, because they of an accident of birth a mile on the wrong side of an open border.

[Gavin Robinson (Belfast East) (DUP)]

I am grateful to my hon. Friend, who has campaigned on the issue for many years. Does he agree that it has been clear throughout the peace process and indeed stretching further back that the British Government have been incredibly generous to those who want to take Northern Ireland out of the Union and have made Northern Ireland an incredibly accommodating and welcoming place for them? Does he agree that they have been generous on citizenship and dual identity and such issues, but when it comes to supporting those who believe in the Union, choose Northern Ireland as their home and who have been British citizens for the majority of their life, the generosity does not stretch that far?

[Mr Campbell]

My hon. Friend’s comment is very appropriate and accurate. In fact, many draw on the contrast of how our Government treat those who want to break up the United Kingdom and Northern Ireland compared to those who would prefer that we remain, because we are, in the words of what is more than a cliché, better off together.

The issue at the moment is that some people have an Irish passport because they need it to travel, but they would prefer to have a British passport. The Home Office in effect say to them, “Just naturalise. Just pay the £1,330 to get what is your right.” If they go on to the Home Office website—I hope the Minister can read this paper even from this distance, as I have enlarged it—the first page reads:

“Check if you can become a British citizen”.

They already are! That is what they demand. That is what they have been for decades, and then the Home Office says to check if they can become a British citizen. There is nothing more insulting or demeaning than to have that on the Home Office website. It tells them, “Well, of course you can avail yourself of British citizenship, now trot along and fill out the necessary form. Then apply for the passport and you will get one.”

Meanwhile, the neighbour in the house next door—or, in some cases, family members who were born at a different time—may want to have an Irish passport and may never even have visited the Irish Republic. They simply go along to the post office and ask for an Irish passport application, fill it out and attach the necessary fee, and an Irish passport comes in the post. The Irish Government have declared that they are prepared to recognise those people as Irish if they choose to apply for a passport. We want our Government to do exactly the same.

People have chosen and demanded to be regarded as British because they have lived here virtually all their lives—in some cases, for 60 or 70 years. They should not be forced down the route of applying for citizenship and going through the naturalisation process, which applies to people who come from thousands of miles away. That is particularly true when the same Government say repeatedly to everybody in Northern Ireland, “We accept that it is a diverse place.”

Successive Governments have repeatedly said they accept that many people regard themselves as British—I hope they will remain so—while some regard themselves as Irish. Each United Kingdom Government here in Westminster say that they accept those people’s right to be so regarded—except when it comes to the symbolic matter of owning a passport. What greater symbol is there of a person’s sense of belonging and nationhood, of who we are and what we are, than a passport? It describes who someone is and, if they are overseas and get into difficulty, to whom they should go for assistance. However, these thousands of people are regarded differently.

I understand that the Minister is Minister of State for the Northern Ireland Office, and that this is primarily a matter for the Home Office to resolve, but I hope that he will acknowledge in his response the hurt and anguish that people have felt over many years. I hope that he can relay to the Home Office the fears, views and demands of people who want this insult rectified.

Successive Home Office Ministers have come to the Northern Ireland Affairs Committee and tried to defend this, saying that they do not regard some of these people as the people of Northern Ireland, even though they have lived there all their lives. This is indefensible and it cannot be sustained. I hope that the Minister will take action with his colleagues in the Home Office, whose responsibility it is primarily to respond. I hope they will deal with the matter satisfactorily for all concerned, because there is nobody in Northern Ireland who objects to this proposition.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

I am grateful to have the opportunity to address this issue, Sir Christopher. I am grateful to the hon. Member for East Londonderry (Mr Campbell)—my hon. Friend, if I may say so—for making his case so articulately. His constituents will certainly know that he has made their case with great force and passion, and I have understood it clearly. There is a point to be made about the difference between identity and citizenship, but I want to ensure that I spell it out accurately with reference to my notes, so I will come back to it.

On the issue of the Union, I want to make it absolutely clear that I am defiantly and ferociously pro-Union. Equally, under the Belfast/Good Friday agreement, the Government are obliged to participate impartially, which may sometimes create tensions. I want to make it clear to everyone that I am pro-Union and this is a pro-Union Government.

On passports, I hope that the hon. Gentleman will not mind if I slightly playfully point out that although I am somewhat known for my pro-Brexit views, I have not troubled to update my passport. I still carry an EU passport, which may surprise some. I want to put that on the record. I know that many people will share with the hon. Gentleman the passionate belief that our passport is a great symbol of who we are. However, personally, I am defiantly independent of the state, Government Minister though I may be. For me, my passport is an administrative thing, not a definition of who I am. I gently make that point to illustrate that perhaps not all of us feel exactly the same way about our passport.

[Gavin Robinson]

The Minister is entitled to consider his passport whatever way he likes. My hon. Friend the Member for East Londonderry (Mr Campbell) mentioned a Member of the House of Lords. To encapsulate the absurdity of the position that my hon. Friend has outlined today, if the Member he mentioned went through the naturalisation process, he would have to demonstrate that he could speak English and he would be invited to Hillsborough castle for a citizenship ceremony governed by a lord lieutenant. The very same man was the Speaker of the Northern Ireland Assembly for eight years and has been in the House of Lords for many years. If that does not encapsulate how absurd the requirement to go through the process to obtain a British passport is, I am not sure what else could.

[Mr Baker]

The hon. Member makes his point with great clarity, of course. However, I observe that in public administration there are quite often moments, particularly around transitions and edge cases, that look absurd on the face of it.

Before I get on to my notes, I will make two points. Representing Wycombe, I have observed that geography is very different from what it used to be. The internet has shrunk the world immeasurably, and many of my constituents are closely in touch with events and people thousands of miles away, so geography has a slightly different meaning these days. I will also pick up the point on hurt and anguish; if I have learned one thing in my few weeks as Northern Ireland Minister, it is the decades—possibly centuries—of hurt and anguish that have built up on one another. I do take those issues very seriously, knowing how deeply felt they are. The hon. Member for Belfast East (Gavin Robinson) has spoken with great passion, and I know he sincerely means everything he has said.

Turning to matters of law, the right to apply for and hold a British passport is wholly contingent on the holding of British citizenship. It is perfectly possible to remain a British citizen even if someone chooses not to hold a British passport, or if they acquire and hold another passport. The people of Northern Ireland are guaranteed specific protections under the Belfast/Good Friday Agreement, and they are considered by the agreement to be

“all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence.”

The two birthright protections of the Belfast/Good Friday Agreement guarantee this group the right to identify and be accepted as British, Irish or both, and the right to hold both British and Irish citizenship. The protections recognise the unique circumstances of Northern Ireland and do not apply more widely. The UK Government are steadfastly committed to the Belfast/Good Friday Agreement, and those provisions are given full effect in law, which provides for British citizenship to be conferred at birth.

In that context, non-British nationals living in Northern Ireland would need to obtain British citizenship in order to receive a British passport, just as they would anywhere else in the United Kingdom. I think that is the heart of the matter. I have heard clearly the point made by the hon. Member for East Londonderry. It is the difference between identity and the administrative and legal status of citizenship.

[Mr Baker]

I certainly do understand the unique circumstances of Northern Ireland, and the hon. Gentleman is very articulate and once again makes his case with great clarity. However, I have to tell him that unique circumstances in those matters apply in a great many places in the UK, including in my own constituency in some number. They are not the same unique circumstances, by any means, but I am gently trying to make the point that there are large numbers of people in the country who would claim special circumstances. The Government are under an obligation to deal fairly with everyone in the UK. The hon. Gentleman will remember some of the unfortunate circumstances of the Windrush affair, and there are other people who have had various difficulties. There are people in my constituency who, although they were born elsewhere, have lived there longer than I have been alive. They may or may not have British citizenship or a British passport, but I am glad to represent them.

Let me turn to some of the specific points that the hon. Member for East Londonderry made. He said that there are 40,000 people resident in Northern Ireland who were born in Ireland after 1949, and there is a sense of unfairness that they are made to apply for naturalisation. He enlarged a piece of the website that I could not quite read, but he made his point with some force. The crux of the matter is that an Irish national can naturalise in the same way as any other long-term resident who now considers the UK their home. I appreciate that at the heart of the sensitivity is the fact that people who identify as British, who were perhaps born not far from the border, but on the other side of it, are being told that they need to naturalise. He made the point clearly that for those who are British but were born on the other side of the border, this is a matter of utmost sensitivity.

The Government are treating those people—from an administrative point of view, they are not British citizens and they need to naturalise—in line with other nationals who reside here in the UK. We are glad that they feel at home here. We are of course glad that they identify as British—that they choose to be British—and we welcome them. The hon. Gentleman mentioned the case of our noble Friend in the other place. In order to ensure that we treat everyone in the UK fairly, they need to naturalise to make their nationality align with their identity.

That is the key point, and it is a matter of administration and law—[Interruption.] The hon. Gentleman shakes his head. I know that that is unsatisfactory to him, but we do not want to assume that all who identify as British necessarily wish to align their nationality. He might well ask whether it could be made easier and quicker for people of Northern Ireland who were born in Ireland to apply for naturalisation, but the requirements are made in statute. Irish nationals would enjoy more favourable provisions for naturalisation should they wish to apply.

One might ask why the Irish-born people that the hon. Gentleman represents have to naturalise at all. Under the common travel area, Irish people do not need to naturalise to reside in the UK. The common travel area provides that British and Irish citizens have the right to enter and remain in the other state without requiring permission. That is provided for in law, which the hon. Gentleman knows very well. They can make the decision to become a British citizen when they are ready to do so, as with any person who wishes to become British.

I think that the hon. Gentleman wants me to make specific commitments, but I have to disappoint him. The Government are very clear on the need to treat people fairly right across the UK. If we were to make special exemptions for the people he recognises as being on the cusp of a border, we would find ourselves in some considerable difficulty administratively.

[Gavin Robinson]

In many ways, the Minister is arguing against himself. He knows that he does not have the space to concede in this debate. Whether people are a mile from the border or at the very south of Ireland, the principle remains the same. The entirety of the Republic of Ireland is legally treated differently from any other country in the world, with the common travel area, the lack of immigration controls and no restrictions on working or living in the United Kingdom.

Will the Minister reflect on the fact that in the last four years, His Majesty’s Government have blurred the lines between citizenship and identity? The shoe was on the other foot, but a Northern Ireland resident, and therefore a British citizen, who wanted British citizenship for her partner was uncomfortable with the notion that she had to denounce citizenship that she did not want. She is, in identity terms, an Irish nationalist, and she objected. She lost the case in court because the Government argued robustly the distinction between citizenship and identity. However, the British Prime Minister ordered a review into the matter thereafter and wanted to show generosity of spirit, given the complaints. All we are asking is that the Minister and this Government do exactly the same thing for people who are notionally, emotionally and in every other way practically British.

[Mr Baker]

Once again, the hon. Gentleman makes his point with great passion and clarity. The Government welcome people’s choice to identify as British. We welcome the choice that people born in Ireland can make to apply for a British passport, and for non-British citizens to become British citizens. We recognise that the Union of Great Britain and Northern Ireland is all the stronger for its rich diversity in all aspects, whether people travel to Great Britain from the southernmost parts of the Republic of Ireland or from far overseas. For all its diversity, the United Kingdom is improved. Britishness is perfectly compatible with Irishness and Northern Irishness, just as much as Englishness, Welshness, Scottishness or, in my case, Cornishness.

The Belfast/Good Friday agreement rightly understands the highly personal nature of decisions around identity and citizenship, and the exercise of those distinct birthrights. It affords the people of Northern Ireland the freedom to make their own choices on identity. To reduce Britishness to the passport that someone holds in our United Kingdom would overlook the freedoms that the Belfast/Good Friday agreement rights enshrine and a fundamental truth of the strength of the Union: that Irishness and Northern Irishness readily coexist and compliment Britishness. That is a fact that we all ought to celebrate.

Hon. Members have made their points with great clarity. I will certainly reflect on what they have said, but they will understand that the Government’s policy is as it stands.

Question put and agreed to.

Identity and Language (Northern Ireland) Bill [Lords]

Gavin Robinson Excerpts

2nd reading
Wednesday 12th October 2022 Commons Chamber

[Chris Heaton-Harris]

The former leader of the hon. Gentleman’s party, Dame Arlene Foster, recognised in January 2020 that this is a “fair and balanced” package that has been agreed by all parties. I completely understand the hon. Gentleman’s point, but I am delivering on the agreement, as the Government promised.

[Gavin Robinson (Belfast East) (DUP)]

I am listening intently to the Secretary of State, and he is right to quote the former First Minister but wrong to associate this Bill with what was agreed in January 2020. In this Second Reading debate, I hope he will listen with an open mind to the concerns that my colleagues and I will raise about the Bill’s departure from what was agreed.

[Chris Heaton-Harris]

I am always happy to listen to the hon. Gentleman’s contributions in this House.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

I had not intended to speak until perhaps the very end, so I am grateful to be called so early. I am delighted to follow in the footsteps of my hon. Friend the Member for Upper Bann (Carla Lockhart). She very clearly and very fairly outlined some of the serious concerns that we have raised and will continue to raise, and which show the dangerous departure that the Government have adopted from what was agreed in NDNA.

There was an old television advert for Harp lager starring Colin Murphy, a comedian in Belfast. The question he posed in it was, “Is your glass half empty? Is your glass half full? Or more importantly, what’s in the glass?” It is through that prism that I shall approach my contribution this afternoon.

It is incredibly easy to be caught by arguments of the past around the Irish language and continue to stand in its way; and our most recent history will show what impact that had on good government in Northern Ireland, on progress in Northern Ireland and on showing respect for one another. I do not want to repeat that process; I am incredibly comfortable with what was agreed in NDNA.

The lengths and efforts that went into that negotiation were not only important in the wider context of social cohesion in Northern Ireland; they were important for our political progress at that time. Should somebody have an interest in the Irish language, which I do not, should somebody want to engage in a language that is of no interest to me, that is entirely a matter for them. If they want to take it further and build on the support that is there under the Belfast agreement for the Irish language and for Ulster Scots tradition—the Government support that is there, encouraging people to explore and build upon a flourishing language—that is entirely a matter for them. If they want to engage with Government Departments, if they want to write to a Government body and get a response, that is not something that will ordinarily trouble me; that is not something that I will be overly exercised by, and that is not something that I think we should be overly concerned about.

I think of the political aspirations that were outlined for year upon year, and government denied in Northern Ireland for these quests—they were not achieved in NDNA. In fact, Conradh na Gaeilge, one of the organisations that championed the cause of what it described as a “stand-alone Irish language Act” summarily failed, and Sinn Féin summarily failed in its negotiations at the time of NDNA. It wanted a stand-alone Irish language Act, but did not get it. It is not in New Decade, New Approach, and it is not in the Bill. It wanted a commissioner with unfettered powers; it did not get it. It was not agreed in NDNA, and it is not in the Bill. It wanted an imposition on what would otherwise be equality legislation in Northern Ireland to provide for quotas in employment; it did not get it. It was not achieved: it is not there in NDNA, and it is not in the Bill. It wanted the Irish language imposed on me, on my neighbours and constituents, and residents throughout Northern Ireland through road signs and everything else, but it did not get it. It was not negotiated in NDNA, it was not agreed in NDNA, and it is not in the Bill. From that perspective, I can take some comfort from what was agreed.

That is before we add in the counterbalances and the support for Ulster Scots and, for the first time, Ulster British. Why is it, if we look through the prism of a glass half full, that Unionists do not stand back and say, “For the first time, rather than being faced with having our culture and identity stripped out of buildings, civically or otherwise, throughout Northern Ireland, this is a legislative vehicle to enhance the Unionist and Ulster British tradition in Northern Ireland?” That is something that I support and welcome; it was secured through the NDNA negotiations, and through the provision of the commissioner for identity and the Ulster British commissioner. Those are good things. The provision of, and the agreement to provide for, the Castlereagh Foundation—providing Government-supported academic rigour to the case for the Union for the first time—is a great thing. It is something in the Bill that I welcome, and something that it was important for us to get agreement on at the time of NDNA.

But then, we get to the last part of the prism that I started with: what is in the glass? During the three years when there was no Government in Northern Ireland, I was incredibly frustrated by this faux argument about whether there was a stand-alone Irish language Act or not. It was totally irrelevant. The question is not, “Is it one chapter of a bigger book, or is it a book itself?” but “What does it say? What does it do?” However, that debate rarely featured in Northern Ireland society during those three years. Yes, the Scots have Scots legislation and the Welsh have Welsh legislation, so why can the Irish not have Irish legislation? That is a fair enough question, but the Scots legislation is not the same as the Welsh legislation, and neither is the same as the provisions in this Bill. They are different.

So, what is in the glass? What does it do? The fundamental error that Members will hear about from me and all of my colleagues this afternoon is that the Government have taken what was agreed through negotiation between parties in Northern Ireland, corralled, encouraged and spearheaded by the right hon. Member for Skipton and Ripon (Julian Smith), and decided to deliver in a one-handed fashion through this Bill aspirations that were not agreed at the time of NDNA. That is a fundamental disaster.

Within the Office of Identity, as the former Secretary of State will recall, it was important that no commissioner could proceed with their agenda for the year, their budget-setting process, or what they intended to do in their annual reports without the consent of the Office of the First Minister and Deputy First Minister—the Executive Office. For the Secretary of State to assume the power to do whatever he wants anyway, not just in the absence of a Northern Ireland Executive but even in the presence of one, is an incredibly foolish approach to Northern Ireland politics. When we have an agreement that has been painstakingly thrashed out for years, whether it was officials in the Northern Ireland Office or former Ministers who thought it was a good idea to assume that power themselves through this Bill, it was a fool’s errand. That point will be discussed in Committee.

[Stephen Farry]

Given the argument that the hon. Member is making, would he explain why it was that over a two-year period when the Assembly and Executive were functioning, no effort was made to bring forward legislation within the Northern Ireland Assembly at a time when all those issues could have been addressed in the correct forum, rather than them defaulting to Westminster?

[Gavin Robinson]

Coronavirus. I am not sure whether the hon. Member was aware, but there was a pandemic in our country and around the world, and normal government was set aside in the interests of public health and public safety.

The Bill even envisages a situation—I think it is one of the subsections of clause 6—where an issue has been raised with an Executive Minister and brought to the Executive, but agreement has not been found. Sorry? Leaving aside our own personal political aspirations for this or any other Bill, where the Executive collectively decide not to do something but the Secretary of State, at the request of a one-sided aspiration, can decide to supersede them, what is the point in devolution? The presentation of the Secretary of State’s powers in the Bill makes it incredibly difficult for somebody who can stand here and openly and honestly say that he thinks the agreement two years ago was worthwhile, and should have been reached. It is causing support to crumble, because what was agreed is being set aside for things that could not, and would not, have been negotiated or agreed at the time.

[Sammy Wilson]

Does my hon. Friend also accept that the Secretary of State then brings himself into the quagmire of disagreement in the Executive, and will increasingly find himself—as has happened on a number of occasions when legislation has come to Westminster—put under pressure by one particular political party, with all the threats of “If you do not act in the way that you are enabled to act and we want you to act, there will be consequences”?

[Gavin Robinson]

It is the antithesis of democracy; it has applied to a couple of other issues over the last number of years, and here we see it again. The Secretary of State and his colleague the junior Minister, the hon. Member for Wycombe (Mr Baker), will today—as they did yesterday and will do tomorrow—implore that devolution be restored in Northern Ireland. That is a laudable idea, and I would like to see it, but the Minister cannot stand up today with a straight face and say, “I would love to see devolution restored so that we can get on with these issues, even though I am proposing through this Bill provisions that would mean that when you do not do what we like, we will do it for you anyway.” That is not the way in which we should proceed.

[Mr Steve Baker (Wycombe) (Con)]

I will deal with that point more fully later on, but I put on record on behalf of the Government that we have absolutely no intention whatsoever of behaving in that way, as is the long-standing position of the Government. We have no intention whatsoever of leaping in to use powers; they are all for the last resort, as I think the hon. Gentleman knows.

[Gavin Robinson]

If there was—and I cannot doubt the veracity of what the Minister says about the intention the Government may have—there is absolutely no need for the power in circumstances where the Executive is functioning. There is no need for the power in circumstances where the Ministers who are responsible for these issues are in office. If what he says is genuine, that should be an amendment that I trust he will engage with fully.

[Sammy Wilson]

Would my hon. Friend accept that, while it may not be the intention—and we accept the word of the Minister in his intervention—the reality is that once the power is in this Bill, there will be pressure, when somebody does not get their way, to go to the Secretary of State and demand that he or she exercises those powers, and if they do not then there could well be consequences? That is the whole point: put the power in the Bill and someone will expect it to be used.

[Gavin Robinson]

Now, and if not now, probably more purposefully in the future when circumstances change, personnel change and Government change. It is a road down which this Government should not have trod.

I started by indicating what I believe was right in the NDNA. I am culminating, having canvassed on the issues where I think the Government have erred in the presentation of the Bill, and it cannot have our support if it remains in this state. The Government have got themselves in a position where, having engaged with parties across the spectrum and with various aspirations, that is now crumbling, and I think that is hugely regrettable. I do not want that to be the end to this process, so I do hope that after Second Reading there will be a willingness to engage in a way that there has not been over the past four, five or six months, when officials and Ministers have ignored, baulked at or just fundamentally disagreed on what they think the Bill means and what we believe it means. We cannot proceed on that basis.

In asking whether the glass is half full or half empty, and highlighting the question of what is in the glass, I want to be in a position where we can raise a glass to the provisions in this Bill. It is the same position I was in when I stood in this Chamber, worked on and brought through—having brought in a private Member’s Bill myself—the provision about the statutory duty for the armed forces covenant. I brought that forward myself, we got it into the NDNA and it was delivered by this Government. Similarly, other provisions were secured in the NDNA, and we want to see them delivered. So I hope that we will be in a position where we can raise a glass, with a fully functioning Executive, to the progress that has been made. However, given the way the Government have brought forward this Bill and are advancing the aims of it, I am sorry to say that I do not see that happening any time soon.

--- Later in debate ---

[Carla Lockhart]

Will the hon. Member give way?

[Gavin Robinson]

Will the hon. Member give way?

[Stephen Farry]

I will give way to the hon. Member for Belfast East first.

[Gavin Robinson]

I understand that my hon. Friend the Member for Upper Bann (Carla Lockhart) might like to intervene. She was not demeaning or dismissing anybody who has campaigned for Irish. In fact, many of the campaigners who have campaigned for Irish language provision will equally acknowledge that their aspirations have been dampened and harmed by the irresponsible and politically naive approach of those who have indeed weaponised the Irish language.

[Stephen Farry]

The comments that were made are on the record and people can see them. However, we are in danger of getting ourselves into difficulty if we over-focus on the particular points that have been made by some republican activists about the Irish language. That is not where the vast majority of people are. I note that the hon. Lady did not give way during her comments, but nevertheless, I am happy to.