Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Gavin Robinson Excerpts

2nd reading: House of Commons
Wednesday 6th March 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Karen Bradley)]

I beg to move, That the Bill be now read a Second time.

I rise to ask the House to give a Second Reading to a piece of proposed legislation that delivers on this Government’s commitment to ensure good governance and stable public finances in Northern Ireland. The Bill seeks to achieve those outcomes by bringing forward two essential measures. First, it will enable the collection of regional rates in Northern Ireland. Secondly, it will ensure that fair and appropriate tariffs and cost-capping measures are in place for the renewable heat incentive scheme in Northern Ireland.

As we discussed yesterday, the Government are committed to devolution. I am working hard to restore devolved government in Northern Ireland at the earliest opportunity. I firmly believe that this is the best long-term plan for the people of Northern Ireland and I profoundly believe it is in the best long-term interests of the Union. Important local decisions should be taken by locally elected politicians in Northern Ireland. I share the frustration felt by some Members of Parliament and the public that taking forward important proposed legislation in this manner in this House is not the ideal situation. However, in the absence of devolved government I have made it clear that I will continue to take the urgent and necessary decisions to ensure good governance and to protect public services.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State will recall that during the passage of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018, we raised an urgent issue that crystallises at the end of this month: the forthcoming resources available to our housing associations in Northern Ireland. Because of an Office for National Statistics definitional issue, they would not have been able to draw down on financial transactions capital tax. Will she confirm today that Her Majesty’s Treasury has agreed to extend the derogation on that definition and that legislation will be brought forward in this Parliament to resolve this issue satisfactorily, so that our housing associations and co-ownership and other schemes have the funding available that will not impact on our block grant, but will allow people to have a sustainable future home in the Province?

[Karen Bradley]

I thank the hon. Gentleman for raising that important issue. It is clear that the derogation needs to and will continue, but that is not a long-term, sustainable solution. As he will know, the Northern Ireland civil service is putting together legislation and we await copies of that so that action can be taken.

[Gavin Robinson]

I am very grateful for that response. I understand that the legislation is there and is ready to be brought forward. Will the Secretary of State confirm that subject to parliamentary business, it will be introduced as soon as possible, and before the summer?

[Karen Bradley]

The hon. Gentleman may have more information than me. All I can say is that we know the Northern Ireland civil service is looking at that and we will act appropriately at the appropriate time.

The measures in the Bill are limited yet necessary interventions in Northern Ireland. They provide the certainty and support that Northern Ireland Departments and, indeed, the wider public need and deserve for the year ahead. I will now give more detail on the measures. Clause 1 addresses the collection of the regional rate. The UK Government have set the Northern Ireland regional rate in the absence of an Executive for the past two years. The level of rate to be applied this year was set out in my budget statement to Parliament last week. As part of the wider budget package of support to Northern Ireland for the 2019-20 financial year, the UK Government have set a 3% plus inflation increase on the domestic rate and an inflation-only increase on the non-domestic rate.

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[Sammy Wilson (East Antrim) (DUP)]

rose—

[Gavin Robinson]

rose—

[Karen Bradley]

I do want to make some progress, but I recognise that many interests are involved. I will give way to the right hon. Member for East Antrim (Sammy Wilson) and to the hon. Member for Belfast East (Gavin Robinson), but then I will conclude my speech.

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[Gavin Robinson]

The Secretary of State talked about a 12% rate of return. She knows that participants in the scheme will be listening very carefully to what is being said today. According to figures that were given yesterday, over the 20-year period of the scheme the rate of return will be 60%, but whether it is 12% or 60%, officials were indicating that the money had largely been paid. Will the Secretary of State confirm that, and does she agree with those figures?

[Karen Bradley]

As I have said, the figures will all be individual, and it is impossible for me to give the hon. Gentleman a generality from the Dispatch Box. However, he is right to say that the subsidies that have been paid to date will, on the whole, be higher than the subsidies that will be paid from now on. The point is that unless those steps were taken, the subsidies that were being paid would breach state aid rules, and the scheme would be illegal and would be closed. This is the maximum level at which subsidies can be paid if the scheme is to continue to be legal.

Representatives of the Department for the Economy will meet other interested parties, such as the banks and those in the agri-food supply chain, to discuss the impacts and seek support for affected participants. The Department has also agreed to provide additional advice and technical assistance for participants. I know that this is a very difficult matter, but I believe that the measures proposed by the Department for the Economy are fair, and strike the correct balance between the rights of participants and the wider public interest.

To conclude—

[Gavin Robinson]

rose—

[Karen Bradley]

I was about to conclude, but I will give way to the hon. Gentleman, because he is irresistible.

[Gavin Robinson]

I am very grateful to the Secretary of State. She says that I am irresistible; how could I disagree? She is very kind to give way for a final time.

I want to focus on the fact that the Secretary of State said there was a fixed rate of return of 12%. Participants can hear today that they will not receive that money in the forthcoming years under the terms of the Bill. Is it not the case that the Department for the Economy is saying that they have already received it?

[Karen Bradley]

As I have said, these are the measures that we need to take now to ensure that the scheme remains on a legal footing. These are the steps that need to be taken to ensure that any subsidies can continue to be paid from the scheme and allow it to remain within the state aid rules. However, I am sure we will debate this issue further at a later stage, and I do understand the hon. Gentleman’s points.

The Bill does two things, both of which are required for good governance and stable public finances in Northern Ireland. I hope that colleagues on both sides of the House agree that it is important for us to make progress now to protect the best interests of all people in Northern Ireland, and to that end I commend the Bill to the House.

Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Gavin Robinson Excerpts

2nd reading: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Karen Bradley]

Of course, there is full scrutiny of the Northern Ireland block grant—that is the estimates process that we went through last week in this House; this House is able to scrutinise the block grant. I well accept the point the hon. Lady makes about the undesirable level of scrutiny and about how the allocations are made between Departments. I do not disagree with her on that. It would be much better to have the full scrutiny process that a devolved Executive would be able to deliver. We are in a very unsatisfactory position. I would rather we were not doing this in this way, but to ensure that public services continue to be delivered and that public servants—the civil servants in Northern Ireland—have the statutory underpinning they need for the spending, we are taking forward this budget Bill. I would really rather we were not.

[Gavin Robinson (Belfast East) (DUP)]

rose—

[Karen Bradley]

I will take one final intervention and then I will make some progress.

[Gavin Robinson]

The Secretary of State is right about the difficulty we are in because Stormont is not sitting, but that does not obviate the need for the process that this House should be engaged in. There is no need for this Bill be done through emergency procedures—there is no need for it to be fast-tracked. The explanatory memorandum says that the Bill is being fast-tracked because there was a hope that the Executive would have been restored to make the provisions. When in the past two months was there any genuine prospect of the Assembly being restored to go through this process? Our Committee stage is to be constrained this afternoon—we might get an hour or we might get 45 minutes on the Floor of this House. That is not satisfactory; we have the tools and the mechanisms in Parliament for full Bill Committee consideration of the estimates and future allocations. There was also the opportunity for the Select Committee on Northern Ireland Affairs to get into these discussions. The Departments are very good at appearing before the Committee chaired by the hon. Member for South West Wiltshire (Dr Murrison). We should have used those processes, rather than this constrained, fast-track process today.

[Karen Bradley]

I understand the hon. Gentleman’s concerns, but we have to be aware of the constitutional precedents that are set by changing the way we scrutinise these Bills. The way this Bill should be taken through is not as primary legislation; it should be an estimates process done in Stormont, in the same way as we vote on our Budget in this House. We do not have scrutiny of the Budget resolutions upstairs; we have a Finance Bill that puts them into legislation, but we vote on Ways and Means resolutions on the Floor of the House. Unfortunately, we do not have the ability to do that in Stormont, for well documented reasons. What I want is to see those politicians in Northern Ireland doing the right thing, coming back to Stormont and forming the Executive, so that all those proper processes can be applied. We should not kid ourselves that some substitute arrangement will offer a different approach; we have to see devolved government restored in Stormont.

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[Tony Lloyd]

When John Major was engaged in the talks process leading up to the Good Friday agreement, and Tony Blair even more intensely so, there were many preconditions on the table—of course there were. That is the nature of a talks process. Anybody who has ever engaged in meaningful negotiations knows that people do not walk in with no agenda, but the talks process has to get them together and iron out the differences. It has, in the end, to say what is held more in common and what is more important.

I will go through some of the things that, in the end, are more important when we look at what is not taking place in Northern Ireland now—some of the things that hon. Members have already raised. The hon. Member for North Down (Lady Hermon) mentioned the Hart inquiry. The Secretary of State has heard the demands in this Chamber, on a regular basis, that she take action. We have to look at the people across Northern Ireland. The politicians from all sides say that they want to get back to Stormont. Yes, we have to test the competence and the willingness of politicians really to negotiate, but the trade unions, the business community and civil society are also saying, “Let’s get Stormont back working.” That is so important, because without it the decisions are not being made that can make a material difference.

The business community and the trade unions have recently said to me that they cannot get decisions made on infrastructure investment. I know that the hon. Member for East Londonderry (Mr Campbell) will agree that the Derry and Strabane city deal is fundamental, and my hon. Friend the Member for Bristol South (Karin Smyth) will talk later about the pressing importance of a decision on the medical school there. Decisions are required on the upgrading of the A5 and the A6 and on higher and further education. This might sound like a trivial issue, but decisions are required on sewers in Belfast. The sewerage system in Belfast requires £800 million. People may wonder why that matters, but from 2021, no new facility will be connectable to that water and sewerage system. We want to see the Belfast city deal bring in new offices, industries and hotels, but that will not be viable if the sewerage system is not capable of taking them on board. That is not a joke; it is very serious.

[Gavin Robinson]

The hon. Gentleman is making an important point. I want to give another example, which is the Belfast power plant. When the Northern Ireland (Executive Formation and Exercise of Functions) Bill went through the House, we indicated the need to get planning consent for that, so that it could form part of our capacity auctions and the Utility Regulator could factor it into our future energy requirements. Without it, we will not be able to keep the lights on. Four months on from that Act being passed, we still do not have a decision, and we need decisions where they can be taken.

[Tony Lloyd]

The hon. Gentleman is right. Electricity is fundamental to our way of life. It is not a bolt-on extra, and it is not just a question of keeping the lights on; it is a question of keeping hospitals working and the world of work functioning. That is fundamental.

I want to touch on one area of progress. I am delighted to see that £55 million has been put into the budget for the legacy coronial process, which is a really important step forward. That is a decision by the Department of Justice, within the framework of this budget. However, there will be a consequence of that coronial process. If it is successful, which we all hope it will be, it will put pressure on the Police Service of Northern Ireland, the police ombudsman and the Public Prosecution Service. Those bodies will all need a resource base that allows them to complete the work of the coronial process. Otherwise, we will be giving an illusion to the families of victims of crime.

In that context, I also want to mention pensions for the victims of violence. There are issues to be resolved, but nobody in the Chamber would disagree that those pensions are necessary. All these things are urgent, because we have an ageing population, whether it is Hart victims or victims of the violence during the troubles. They will die without resolution of these issues unless action is taken.

I am bound to compare this issue to what we will discuss tomorrow, which is the contentious issue of tariffs under the renewable heat incentive. That is urgent, and the Government are acting—even though it is outwith the norms of Government power, according to the Secretary of State’s definition—because it is about money. The issues relating to the Hart victims and victims of terrorism are human issues, and they are just as urgent. If we can act on one such issue, we should think seriously about acting on others.

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[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

For another year, I rise with a degree of reluctance as we agree a budget that should be debated about 300 miles from here. I am sure that hon. Members across the House will agree that this situation is deeply regrettable. Devolution should be cherished, and its success is vital to the growth and prosperity of Northern Ireland. I believe unequivocally that this budget should not be voted on by politicians in this place representing constituencies in Scotland, Wales and England. Also, as others have said, this emergency legislation process affords ineffective scrutiny. I once again urge the Government to redouble their efforts to begin talks in earnest as soon as possible, so that they can be the effective arbiter required to bring an end to this impasse. If they cannot do that, they should bring in someone who can.

The collapse of the Executive and the subsequent failure to deal with the situation have placed huge, unsustainable stress on the civil service in Northern Ireland. I join the hon. Member for South West Wiltshire (Dr Murrison) in praising the Northern Irish civil service for all the work it has done in these tough times without an Executive. In our opinion, direct rule can never be countenanced, but as the shambolic Brexit process is now a central reason for the ongoing crisis, the UK Government have a responsibility to ensure that talks progress swiftly.

Amid ongoing austerity, the absence of decision making is straining Northern Irish public services. Decisions are urgently required to provide direction and funding to vital services. The current conditions are placing particular pressures on health and education, which are the most important services that a Government can deliver. It is for this reason that I want to make it clear that I do not begrudge the additional money that is going to be made available for public services in Northern Ireland—far from it. We have been calling for additional public spending from Westminster for years. However, it must be said that, under our agreed devolved settlement in this precious Union of equals, both Scotland and Wales should also receive additional funding. Successive UK Governments have inflicted brutal austerity measures on Scotland and Wales, as well as on Northern Ireland. That extra funding could be a small step towards repairing this recklessly inflicted damage. Indeed, if the Barnett formula were applied as it should be, Scotland would receive an extra £400 million for its budget.

Last year, the economy of Northern Ireland did not keep pace with the rest of the UK and it lagged far behind that of the Republic of Ireland, which was growing around four times faster. That just shows what a small independent country in the EU is capable of.

I firmly believe that investment in good public services and infrastructure is vital to the success of any economy. There is £140 million of new funding in recognition of the lack of opportunity for more “fundamental service reconfiguration”—a nifty wee phrase with which the Treasury and the Northern Ireland Office are attempting to circumvent the regular budgetary process. We cannot forget that that is in addition to the £333 million of funding that comes from the Government’s confidence and supply agreement with the Democratic Unionist party. Some of the money seems to be allocated effectively, with £100 million to support health transformation, £3 million for broadband and £200 million for capital spending on key infrastructure projects. I particularly welcome the £30 million to tackle poor mental health and severe deprivation. However, despite my jealousy at that extra investment, I would never countenance the SNP selling its soul to prop up a Government who do so much harm to our citizens and are hellbent on ripping us out of the EU, for which neither Scotland nor Northern Ireland voted, and the reasons behind the positive spending are more than a little suspect. In fact, many say that the extra funding is just a Brexit bung to buy off the DUP.

The extra revenue allocation falls outside the normal budgetary processes deliberately to ensure that Scotland and Wales are denied their rightful Barnett consequentials. That raises huge questions of the Secretary of State for Scotland, who said unequivocally that he

“was not going to agree to anything that could be construed as back-door funding to Northern Ireland”.

He has been written to this week, but he had not replied by the time that I stood up to speak, so does the Secretary of State for Northern Ireland know when the Secretary of State for Scotland was informed that the additional moneys would not be subject to the Barnett formula? Did he agree to that? Most importantly, did he even argue that Scotland should be entitled to its fair share of budgetary increases? If he did not, he must simply go.

[Gavin Robinson]

I know that the hon. Gentleman wants to make an elaborate political point, but he is not a churlish individual and will have heard this afternoon that we do not have devolved Ministers who are able to take account of financial pressures and make decisions accordingly. That is the rationale for the additional funds. Scotland is blessed with a functioning Government, and we wish we had one, but he should not try to extrapolate this proposal into some cheap point.

[Gavin Newlands]

I do not accept that I am making a cheap point, but I fully accept the hon. Gentleman’s central point. We would not be strong Members of Parliament for Scotland if we were not here to represent Scottish interests, and the Barnett formula is there for a reason.

The Secretary of State for Scotland should have used his position in Cabinet to stand up for Scotland and protect the Barnett formula, but he did not. If he did, the Scottish budget could have increased by £400 million. Moreover, if he had stood firm regarding the confidence and supply agreement in its entirety, Scotland would have had an extra £3 billion to mitigate this Government’s policies, to prepare for Brexit and to invest in infrastructure, but he either failed or did not bother. He has abdicated his responsibility to Scotland and, despite various promises that he would resign with regard to protecting Scotland interests vis-à-vis Brexit, he has bottled it each and every time.

Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Gavin Robinson Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Karen Bradley]

This has been an interesting debate with some passionately held views clearly expressed.

Let me touch briefly on the comments made by the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), who talked about the moneys allocated in the written ministerial statement. Clearly, we are not voting on those today; we are voting on the vote on account. Let us be very clear what the Bill is. He needs to recognise the unique pressure that Northern Ireland faces, particularly because of the lack of Ministers for more than two years. These matters need to be resolved, but they need to be resolved in Stormont by a devolved Executive dealing with these budgetary pressures. I am sure that he will understand why the written ministerial statement included the additional money—it was because of the unique pressures faced by Northern Ireland.

My right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) was thoughtful, as always, and passionate about the matters he cares so desperately about. I know of his support for our veterans and retired police officers who served in Northern Ireland during the troubles, and he has campaigned for them long and hard for many years. I assure him that I want the situation to change. I want things to be different, because none of us wants the current situation to continue. That is why we have consulted on how we can best take forward legislation in this place, as agreed in the Stormont House agreement, which he will know so well having served in Northern Ireland just before that took place. Of course, the Stormont House agreement happened when my hon. Friend the Member for South West Wiltshire (Dr Murrison), the Chair of the Northern Ireland Affairs Committee, was a Minister in the Northern Ireland Office.

We want to take that work forward, and I would very much like to work with my right hon. Friend the Member for Hemel Hempstead on the responses to the consultation. We have had more than 17,000, and we are still working our way through some traumatic, difficult and individual responses. I would like to work with him personally to get his expertise and wisdom fed into the process so that we can ensure that those brave service personnel and retired police officers who made sure that peace was possible are treated with the dignity they so rightly deserve.

I turn now to amendment 2, tabled by the hon. Member for Walthamstow (Stella Creasy), who told me that she has put me on notice. I do not think it is the first time she has done so, and I am sure that it will not be the last. I know how hard she campaigns on this issue and how much she cares about it. We have debates on it and I will not rehearse the conversations we have had. She knows my personal position, but she also, I know, understands the constitutional situation and that what we all want to see is a restored Government in Stormont that can then take forward the measures that she has talked about and those brought to the Supreme Court when the Executive were taken to court.

The shadow Secretary of State talked about the UK Government. Clearly, legally the UK Government are always the defendant in such cases. We are the member state that is signed up to the treaties. However, it was the position of the laws of Northern Ireland as set out by the Executive and the Assembly that was challenged following the 2016 vote when a push to change the law on fatal foetal abnormality, rape and incest was defeated in the Assembly, with the majority of the then Assembly Members voting against that change.

The shadow Secretary of State also talked about the legal standing of the Human Rights Commission, and I have said on the record on a number of occasions that what came out from the Supreme Court judgment was an anomaly in the law that nobody knew was there. In 1998, when the Northern Ireland Act was passed and the Commission was established, everyone believed it had the same legal standing as commissions in other parts of the United Kingdom that were established at around the same time as devolution happened around the UK. Clearly, that is not the case and steps therefore need to be taken to address that point. I agree that we do not want women who are victims of the situation having to come to court and make the case themselves.

[Gavin Robinson]

Just on that brief point, which I raised with the Secretary of State last week: in the interests of clarity, transparency and the scrutiny that the Chair of the Select Committee has asked for, will the Secretary of State provide details, after this evening, to confirm the point about an error in the grounding legislation for the Human Rights Commission? She knows that in Northern Ireland, unlike in England and Wales, we have a separated Equality Commission for Northern Ireland and Human Rights Commission, and that the Equality Commission does have standing. Will she provide detail and clarity to confirm the position she has taken, which is that it is an error in the law?

[Karen Bradley]

I will of course be very happy to provide the hon. Gentleman with more information on that point. Everybody believed that the Human Rights Commission had legal standing. The HRC took the case believing it had legal standing, but it was only during the Supreme Court judgment that that point was clarified. I am very happy to share the information on that point with him.

Returning to the point raised by the hon. Member for Walthamstow about the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 and the amendment to section 4 that she pressed to a vote and that this House accepted late last year, clearly the Act cannot change the law in Northern Ireland. The guidance I have issued on what I expect the Northern Ireland Office to do is very clear, but it cannot in itself change the law. I do not have the power to do that through that Act of Parliament. However, I do keep under review the obligations we have on the matter.

I want to be very clear and to state very clearly that the UK Government remain committed to their obligations under international law, including the European convention on human rights. It is important to recognise that it is for the devolved Administrations across the whole UK to ensure that their domestic laws and actions are compliant. The observance and implementation of international obligations, and obligations under the European convention on human rights, so far as they are otherwise within the competence of the Assembly, are matters for the Northern Ireland Assembly.

If I can make one final important point, I support the principle of the amendment on same-sex marriage, which was not selected today, and I have been clear on the record that I want changes to the legislation relating to abortion in Northern Ireland. However, those are matters for a restored Executive. We want a restored Executive to progress legislation on that issue as one of the first things they do.

Northern Ireland: Restoring Devolution

Gavin Robinson Excerpts

Wednesday 13th February 2019 Commons Chamber

[Karen Bradley]

As I said earlier, it is quite right that, in the absence of Ministers in Stormont, a budget is set and properly set so that money can continue to be spent on public services. I followed a process last year that involved all the main parties and the Opposition to ensure that there was as much transparency as possible. It is a budget process, and without my having full Executive powers, there is clearly a limit to the amount I can do. However, I am determined that we will set the budget, and I will make sure that the hon. Lady’s party and others are involved.

[Gavin Robinson (Belfast East) (DUP)]

One consequence of not having a functioning Executive is that there has been no political oversight of the scandal of Muckamore Abbey. I have raised this personally with the Secretary of State and written to her. She knows that we had a sanctuary for adults with learning difficulties, and that they were physically abused and assaulted by nursing staff. On Friday, the nurses had their suspensions overturned. Why? Appallingly, the Belfast Trust has not provided the evidence and the CCTV to the Nursing and Midwifery Council.

This is a scandal, but it has not had full consideration here and, without Stormont, it certainly will not receive it at home. The Secretary of State knows that, through the Inquiries Act 2005, she is the only person capable of calling a public inquiry. Without a Minister in Northern Ireland, she is the one person who can do it. I ask her to engage earnestly with the Department of Health in Northern Ireland and with the families and those who need answers on the failure we have seen in caring for those who need such significant care.

[Karen Bradley]

The hon. Gentleman has, indeed, raised this issue with me on a number of occasions. It is truly shocking and the reports that we have all seen from victims are ones that nobody should have to read. He makes the point that Ministers in Stormont would be able to make decisions and deal with this matter. I will continue to consider the points he has made and to review the position.

Northern Ireland: Security Situation

Gavin Robinson Excerpts

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

[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.

[Gavin Robinson (Belfast East) (DUP)]

I echo the condemnation that has been expressed, and, indeed, the praise for the police and other emergency services. As my party’s Defence spokesperson, may I specifically mention the ammunition technical officers who are deployed all too frequently in Northern Ireland? They were deployed three times a week in 2015 and once a week in 2016, and they are still being called regularly—every week—to a dangerous situation, be that related to bombs, improvised explosive devices, under-car booby traps or hoaxes. I believe it was wrong when, in 2017, the Cabinet Office refused to honour those great servicemen with a general service medal. Given their activities last night, two years ago—when Adrian Ismay was killed in my constituency—and each and every week in dealing with an ongoing terrorist threat, may I ask the Secretary of State to engage with the Defence Secretary and the Cabinet Office to right that wrong?

[Karen Bradley]

The hon. Gentleman refers to yet more incredibly brave individuals who work hard to ensure that we are all safe, and that the people of Northern Ireland, in particular, can sleep soundly in their beds. Sadly, on Saturday night, a number of people managed to get through so that some were not able to do that, which is something that we do not want to see. As for the hon. Gentleman’s specific point about recognition for those individuals, I suggest that he takes it up with the Secretary of State for Defence, but I will raise it with my right hon. Friend the Minister for the Cabinet Office as well.

BILL PRESENTED

European Union (Withdrawal) (No. 3)

Presentation and First Reading (Standing Order No. 57)

Yvette Cooper, supported by Nicky Morgan, Norman Lamb, Hilary Benn, Nick Boles, Liz Kendall and Sir Oliver Letwin, presented a Bill to make provision in connection with the withdrawal of the United Kingdom from the European Union.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 321).

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Gavin Robinson Excerpts

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

[Karen Bradley]

I have met victims of historical abuse and heard their testimony. As the hon. Lady will know, when I served as a Home Office Minister, the issue of child abuse in England and Wales was within my remit, and I met many of those victims.

I do not need to be convinced of the need to do this, but we need to proceed in a way that is right and appropriate and that respects the devolution settlement. I would like to see MLAs engaging and cross-party discussion on a number of matters. This might be an issue on which it would be appropriate for all parties to come together and begin to work so that we can get a dialogue started, so that parties can start to regain trust, and so that we have the best chance of seeing devolution restored and power sharing at Stormont. That is the key issue.

[Gavin Robinson (Belfast East) (DUP)]

The Northern Ireland civil service should be engaging with a range of policy decisions, some of which were outlined by my hon. Friend the Member for Belfast South (Emma Little Pengelly). I was surprised to learn from victims only last week that the NICS was engaging with them on a measure that would establish a commissioner for victims and survivors of historical institutional abuse, and a redress board. I find it encouraging that the NICS is doing that, but I find it discouraging that there has been zero political engagement, political discussion or political direction on how best to make progress with these important matters.

[Karen Bradley]

As I have said, I want to see political engagement and political discussion—I think that that is absolutely vital. We need politicians to re-engage—with civil society, with business and with others—and I am heartened by the initiatives that church leaders have taken to encourage them to do so. I want to see more of that, and I am working with those church leaders and other civic groups to that end. I will reflect on that in the context of the inquiry.

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[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for South West Wiltshire (Dr Murrison), the Chairman of the Northern Affairs Committee. In his response to the Bill, he was, as always, considered and thoughtful. He highlighted the lack of ambition that we would ultimately like to see for good governance and for democratic decision making in Northern Ireland.

At the commencement of these proceedings, the Secretary of State made an announcement of condolences to the noble Lord Caine. May I take this opportunity, personally and on behalf of my party colleagues, to extend our condolences to the noble Lord Caine and to his mother following such a bereavement?

There has been a lot of talk so far about the Bill, and there is at least one level of consensus: it is what it is. It is not ambitious. It does not deliver good governance in Northern Ireland. It does not compel decision making in Northern Ireland. It provides no legislative vehicle for issues that require legislation in Northern Ireland. We understand and accept the position that the Secretary of State finds herself in—the constitutional barrier that she is wrestling with—but she knows that we are of the view that this place should be taking a much more interventionist approach towards the affairs of Northern Ireland and that, in that sense, the Bill is an opportunity missed.

I do, however, want to convey my appreciation to the officials from the Northern Ireland Office who have engaged directly with me and with my hon. Friend the Member for Belfast South (Emma Little Pengelly) in our consideration of this Bill. I spent much more time with them than I had planned to, and I think they spent much more time with me than they wished to. I think it fair to say that, while we are where we are, it is not ultimately where they or we would wish to be in terms of how we see this Bill.

But one thing is certain: we should not be here. We should not be yet again considering how we deliver for Northern Ireland in this Chamber—it should be happening at Stormont. Although we have thus far today considered this issue only lightly, Sinn Féin Members need to end their boycott of good governance, of democracy and of participation at Stormont and here at Westminster. They refuse to allow the re-formation of an Executive; they refuse to see a meeting of the Northern Ireland Assembly; and they refuse to take their seats in this House. They have shown no sign that they recognise the concerns of the people of Northern Ireland. They show no sign that they are impacted by the lack of decisions being taken in Northern Ireland. They show no sign that they are concerned about people on ever-increasing waiting lists and ever-increasing housing lists, or about the extension of our mitigation on universal credit and welfare reform that needs to be renewed next year. They show no sign of concern whatsoever.

[Sammy Wilson]

Does my hon. Friend agree that it is not fair that those Members of the Northern Ireland Assembly who do want to address those issues on behalf of their constituents are being punished by the Sinn Féin lock-out at Stormont? Until it is grasped by the Northern Ireland Office and by the Secretary of State that the responsibility lies at the door of only one party, and unless either the system for establishing the Executive of Northern Ireland is changed or it is made quite clear that sanctions will be imposed, this situation will continue, because there is no penalty on Sinn Féin.

[Gavin Robinson]

My right hon. Friend is entirely right. The majority of the 90 Assembly Members who have been elected to serve their constituents put themselves forward because they believe in public service, not stagnation. They are not like a puerile child participating in a game, not liking the rules, recognising they are not scoring goals, picking up the ball and walking off the pitch.

[Sir Jeffrey M. Donaldson]

Further to the point made by my right hon. Friend the Member for East Antrim (Sammy Wilson), in the discussions on the Bill with the Northern Ireland Office, we put forward a modest proposal that, to give some democratic accountability to this mechanism in Northern Ireland, the Assembly Members, on their reduced pay, should have a role in scrutinising the Departments that will exercise the decisions that fall subject to the Bill. The Northern Ireland Office told us that it was not possible to do this because Sinn Féin was unlikely to take part in such scrutiny mechanisms. Sinn Féin has a veto over even the most modest of proposals. How long are this Government going to allow Sinn Féin to veto democratic progress in Northern Ireland?

[Gavin Robinson]

That is an incredibly fair point to make, and I intend to address it later on. There has been a dereliction of duty. The opportunity to serve the people is not being taken by one party and one party alone. As it holds out for its purely partisan and narrow agenda, everyone else in Northern Ireland suffers.

No one should be under any illusion about our approach to these issues. In October last year, Arlene Foster, our party leader, indicated that she would seek the establishment of the Executive immediately and that if the Assembly created did not deal satisfactorily with the outstanding issues that had been raised as a stumbling block for progress, it should be brought down again in six months. She said, “Put me to the test.” She said, “Let us maturely and rationally reflect on the outstanding issues that you have; you can consider the outstanding issues that we have, and if we can’t resolve them, then bring it down—but at least try.” Before Arlene Foster sat down from making that speech, Sinn Féin had ruled it out. It had ruled out a restoration of the Executive, where Brexit and every public service that was of interest to the people of Northern Ireland could be considered.

As I reflect on these matters, standing here again to debate a Northern Ireland Bill that should not be necessary, I am reminded that the Secretary of State’s predecessor, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), said in September 2017 that nine months without a Government to steer policy had left the country with “no political direction” and left critical public service reform wanting. He continued:

“In the continuing absence of devolution, the UK government retains ultimate responsibility for good governance and political stability in Northern Ireland as part of the United Kingdom and we will not shirk from the necessary measures to deliver that.”

That was only 13 months ago, yet here we are. He famously talked of a “glide path” to direct rule. Frustratingly, this is a never-ending holding pattern. It is not in the interests of democracy and not in the interests of good government.

The Bill has been described—kindly—as a “limited measure”. It has been described by my constituency predecessor as

“a sticking plaster on a broken leg”.

It has been described as a poor substitute for democratically elected politicians in Northern Ireland making decisions that affect the people they serve. It is through that prism that we have to consider the Bill.

The Bill does not provide certainty. It contains no certainty on decisions. It does not provide compellability. There is no compulsion on civil servants to make decisions that impact the people of Northern Ireland—decisions that need movement—but on key policy areas, there is no compulsion to do so. There is no progress on the 200-plus decisions that have lain in abeyance among the range of Departments since the suspension of the Assembly.

[Sammy Wilson]

Is the worrying thing for my hon. Friend the fact that many of those 200 decisions are sitting there not because of the court decision, but because of the inertia that exists in the Northern Ireland civil service? The Bill will not make a blind bit of difference to the fact that some senior members of the civil service—not all—will not make a decision to get up in the morning if they think they might get some criticism for it.

[Gavin Robinson]

I am grateful to my right hon. Friend for his comment. I think it fair to say that there are a range of views on this issue, and some accord with the description that he has outlined. There are civil servants in the Northern Ireland civil service who have been incredibly courageous during the time that we have not had democratically accountable Ministers.

But there is the rub—the Bill relies solely on the willingness of a senior departmental official who is impervious to direction and impervious to the views of politically mandated, democratically elected representatives and who can decide whether or not they wish to proceed. The guidance is there, but if we go through that guidance fairly, I think we could decide that something is within the public interest or outwith it at our own discretion, and that is a fault.

[Sir Mike Penning (Hemel Hempstead) (Con)]

I will expand more on this in my speech, but this is a critical point to do with the civil service. We can all criticise civil servants. There are good ones and bad ones. But, particularly in Northern Ireland—I experienced this when I was the Minister—the fear of judicial review in the civil service will not be addressed by the Bill. Bravery is fine, but if this Government do not back civil servants, there will still be fears, not about public opinion, but about whether they will be dragged through the courts, which we have seen so many times in the Province.

[Gavin Robinson]

That is a key consideration. The Bill does not insulate civil servants from the prospect of judicial review. We know from our experience in the courts in Northern Ireland, compared with England and Wales, that ultimately it is easier to progress a judicial review in Northern Ireland. Whether for unaccountable civil servants acting in the best interests of the country or democratically elected Ministers serving the people who elect them and the people of Northern Ireland, the challenges in the courts are still there.

The Bill seeks to replicate the understanding that was there prior to the Buick decision. I remember saying a year ago to the Minister of State that the Departments (Northern Ireland) Order 1999 empowers senior departmental officials to take decisions. Ultimately, it was considered by the courts, and the one fundamental ruling they made was that a decision of such regional significance that was controversial and/or significant should be considered by an Executive Committee. The Bill might seek to address that, but it does not absolve anyone from the legal requirement inserted through the Northern Ireland (St Andrews Agreement) Act 2006, which amended the Northern Ireland Act 1998, for consideration over and above the individual Department.

That was a significant safeguard injected into the legislative framework arising out of the Belfast agreement on controversial or significant decisions. In that sense, the Bill empowers civil servants to a greater level than a democratically elected and accountable Minister. That is difficult. That is my reading of clause 3(5), and it is constitutionally a troublesome step. I have to accept the position that the Northern Ireland Office has adopted, which is that it will not provide an overarching mechanism and it cannot empower officials to replace what would have been the Executive Committee, but the Bill is deficient in that regard. I am not sure that the Secretary of State or the Minister of State will be able to answer or provide any solace on that issue.

Some consideration has been given to clauses 1 and 2, on the timescales for the re-formation of an Executive. I will put on record clearly for the hon. Member for North Down (Lady Hermon), in response to the question that she raised, that never once during any of our discussions with departmental officials in the Northern Ireland Office was a date discussed. No date was discussed, and it is not politically driven. Timescales were discussed, but no specific date was ever discussed.

[Lady Hermon]

I am grateful to the hon. Gentleman for allowing me to follow up on that, since he referred to me. There was not a date agreed or discussed with Northern Ireland Office officials, but there was a timescale. I am not a member of the party, so I was not present at the meeting. Let all the people of Northern Ireland hear the timescales. Was it six months or nine months? What was the timescale?

[Gavin Robinson]

Those considerations are exactly the same ones that the hon. Lady will have had in the Northern Ireland Affairs Committee. The response that the Secretary of State gave to the hon. Lady was that the broad parameters were discussed by all parties. I am being honest and sincere in saying that no date was ever discussed.

[Lady Hermon]

What was the timescale?

[Gavin Robinson]

No date was ever discussed.

I see in the amendments tabled by the hon. Member for Amber Valley (Nigel Mills) an earnest desire on his part to get progress going in Northern Ireland. He does not want to see a lengthy delay. Let us not kid ourselves. I have spent a considerable part of this speech commenting on the Sinn Féin boycott that exists today and has existed for the last 18 months and that has frustrated the meeting of the Assembly, the formation of the Executive or Sinn Féin sitting in this House.

If the hon. Lady wants an answer to this question, Conor Murphy has been quite clear about Sinn Féin’s position. When we met at the steps of Stormont in August this year and we asked, in the interests of everyone in Northern Ireland, for Sinn Féin to end its boycott, Conor Murphy’s response was, “We envisage Ministers being appointed by April 2019.”

[Lady Hermon]

Will the hon. Gentleman give way again?

[Gavin Robinson]

I will just finish this point, if I may.

It is clear that the intransigence, stagnation and unwillingness to resolve these issues has not only pertained for the last 18 months but is intended to continue. That is bad for Northern Ireland, for all the people of Northern Ireland, for the issues that remain outstanding and for the people we represent. I will give way one more time.

[Lady Hermon]

I am very grateful to the hon. Gentleman for allowing me to intervene again. I asked about the timescales that had been articulated by the hon. Gentleman and his DUP colleagues. I did not ask about Sinn Féin. To tweak the question slightly, can we give the people of Northern Ireland any confidence at all that the deadline mentioned in clause 1 of the Bill—26 March 2019—is realistic, or are you just going to talk your way through that deadline? Not you, Mr Deputy Speaker.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Don’t worry, I recognise that. I am not going to enter into Northern Ireland politics.

I have 11 Members down to speak. If some Members are not going to speak, can they let me know? At least then I know what I am working to.

[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.

[Nigel Dodds]

My hon. Friend makes a very, very important point. The Bill really covers only the issue of Executive functions and decisions taken at administrative levels, so the whole area of legislation is left to one side—obviously. There is the issue not only of extending legislation for England and Wales to Northern Ireland, but of legislation that is sitting with Government Departments in Northern Ireland ready to go, which cannot be progressed. Earlier, somebody mentioned the unexplained wealth orders, for instance, to tackle paramilitary crime and criminal organised crime in Northern Ireland—a sensible measure that is supported by everybody and that should be progressed. The police want to see it happen; everybody in Northern Ireland wants to see it happen. Why can that not be progressed?

--- Later in debate ---

[Gavin Robinson]

Absolutely. The unexplained wealth orders are a key example of how we should have extension of those provisions for Northern Ireland.

I mentioned the courageous nature of some decisions, and I know that the right hon. Member for Hemel Hempstead (Sir Mike Penning) will agree with me that the Department of Health in Northern Ireland was incredibly courageous in making the changes required through regulation to allow for medicinal cannabis prescriptions. We wanted to see those English and Welsh regulations extended to Northern Ireland, and it has been done through another vehicle, and we are grateful for that.

Here is a key example of where it goes wrong. When the definition of co-ownership housing associations in Northern Ireland was not changed because we did not have an Assembly, but it was changed for England, Scotland and Wales, the derogation offered by the Treasury stopped. That means that if somebody does not take the opportunity to change that definitional issue now for Northern Ireland, our co-ownership schemes will not be able to use financial transaction capital tax, and it will not have the budget to provide the social houses that are required or the social mechanism through which somebody can purchase a home for the future. That is a disgrace.

[Sir Jeffrey M. Donaldson]

rose—

[Gavin Robinson]

I will give way one final time, Mr Deputy Speaker, so as not to encourage your ire.

[Sir Jeffrey M. Donaldson]

To assist my colleagues, I have withdrawn from the list of those wishing to speak in this debate, but I want to intervene on the subject of housing. In Lambeg, which is in Lisburn in my constituency, and which is famous for its drums and has some very nice housing, some former Ministry of Defence homes are available for transfer, free of charge, to a Northern Ireland housing association. That housing would provide much-needed accommodation for young couples, first-time buyers and so on. That transfer cannot be concluded because the Department needs ministerial approval. The houses are falling into disrepair. The transfer would benefit the community, and particularly young people in my constituency, but it is not happening. Is not that the kind of decision we want made, so that our constituents benefit?

[Gavin Robinson]

That is an important point to make, and that matter should be progressed.

I have a final, broad point about the participation of Members of the Legislative Assembly. They have been elected to serve their people and wish to do so, and MLAs are required for good governance in Northern Ireland. There are many decisions that could be taken by civil servants, but there is no direction on what those decisions should be. The only way that civil servants can get a true appreciation of what politicians who have been elected to serve the people wish the direction of travel to be is to ask them—to include a participative process, and to encourage politicians to come in, share their views, and shape policy proposals and decisions for the future. The Bill does not take the opportunity to do that. We have mentioned the historical institutional abuse inquiry. That is a classic example of where elected MLAs could be engaged in discussions on how that matter is progressed.

The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) referred to the Independent Reporting Commission, which published a report yesterday. How sad is it that, 20 years after the Belfast agreement, we still have an independent reporting commission on paramilitary activity? I have been in this House for only three years, and in that time, I have had a constituent murdered by the IRA; that is the Provisional IRA, not a dissident group. Another constituent—a serving prison officer—was blown up by dissident republicans, through an under-car booby trap bomb. He died of his injuries a week later.

People come to my constituency office every week because of the pressure that they face from paramilitaries in my community—loyalist paramilitaries; paramilitaries who intimidate young families out of their homes; paramilitaries who lend money and extort a return; and paramilitaries who sell drugs and destroy individuals and their communities. The Independent Reporting Commission report pleads for political direction and political involvement, and for the participation of the people who have been elected to serve our society and want to do so. That is the prize in restoring the Executive. That is what we want. That is what the people of Northern Ireland deserve, and though the Bill does not deliver that, it extends the time and opportunity for delivering that. It is an opportunity that we cannot afford to miss.

[Several hon. Members rose—]

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Gavin Robinson Excerpts

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

[Nigel Mills]

May I first apologise for being a little late for the wind-up speeches on Second Reading? I was sorry to miss the speech by the hon. Member for Ealing North (Stephen Pound), the shadow Minister, as his speeches are usually entertaining and informative.

Amendments 15 and 16 are efforts to probe the Government on the future direction of policy in certain areas and perhaps to improve the Bill, but I will not seek to press them to Divisions. Amendment 15 is an attempt to discover the Government’s plan if—heaven forbid—we reach the end of the period for the formation of the Executive and we still do not have one. Effectively, what would happen in law without any further clarification is that we would default back to the present situation—the Secretary of State would have a duty to consider setting an election date. The present interpretation seems to be that she has no duty to call an election for any particular date. The House of Commons and the people of Northern Ireland have been very patient for the past 650 days—that was the count we heard earlier—in not pressing the Government to clarify the meaning of the words on considering the date for an election in the legislation of a decade ago.

We may fairly say that if we manage to get to late August 2019—I cannot calculate the number of days, but I suspect it will be well over 800 days since an election by that point—without a Government being formed, the only solution might well be to have another election and see whether the people of Northern Ireland wished to express a different view from the one they expressed 650 days ago. If we get to that stage, I would argue that an election would be unavoidable unless we really believed that another few days would tip a deal over the line.

I also venture to suggest gently that having clarity in the law about the consequences for the parties if they cannot reach a deal by that point may be of some assistance in the negotiations. It is probably fair to say that the Northern Irish parties are not great respecters of deadlines. Indeed, deadlines in this process seem to come and go without provoking much action. If a deadline were set in law, it would be clear throughout the discussions that an election would be called if the parties could not reach an agreement by the end date of late March, or late August or somewhere in between that the Secretary of State sets.

Actually, whether to call an election would not be a matter for the Secretary of State’s discretion: it would be a matter of law that the election had to be called unless she thought that she could get a new piece of legislation through Parliament to delay or remove that obligation. If a deal were about to be reached and some legislation here were needed to bring it about, I do not think that we would have any problem in agreeing to it. We would all be grateful to do anything we could to bring the Executive back. But a line would be drawn in the sand to make it clear that if the parties do not agree by a certain date, the Secretary of State has no option but to call an election to ask the people their opinion on resolving the situation.

I ask the Government to consider at least clarifying the consequences of the period for Executive formation lapsing without success and the Government’s policy in that regard. Setting out clearly in a way that will not be ignored this time that an election would have to follow might offer some assistance in the negotiations.

My other proposed amendment, amendment 16, concerns the appointment of individuals to certain key bodies in Northern Ireland. Ideally, that would be a decision for the Northern Ireland Executive and the Assembly and there would be some cross-community involvement. It would be a joint decision, effectively. The Bill quite rightly takes the power to make those appointments, but effectively leaves the decision to the Secretary of State without the need for any real consultation with Parliament or the public on those decisions. I accept that we do not need to have that level of parliamentary involvement for every appointment that might be needed, but what I am trying to do through the amendment is ask whether for the most senior and important posts we could in some way have some parliamentary scrutiny of the individual whose appointment is recommended. This is not a novel process. Many Departments allow Select Committees to hold scrutiny hearings for proposed senior appointments, so it would merely replicate that process.

Attempting to get the amendment in order, I suggested that the definition of seniority could come with a salary of £100,000, but I would not be particularly committed to how we define the cut-off. However, if we were to have this process for sensitive appointments, I think that that level of salary would catch a new Chief Constable, if for some reason one was needed, or perhaps the chair of the Office of the Police Ombudsman for Northern Ireland.

For those very sensitive and senior posts for which there is cross-party concern about the individual who is appointed, having a parliamentary scrutiny process in which questions could be asked of the individual to discuss any past roles they have had or comments they have made and to seek their views on how they would carry out their burdensome responsibilities would give both Parliament and the people of Northern Ireland some comfort that the right person had been found and that they would discharge those responsibilities in a responsible manner.

Even if the Secretary of State is unwilling to accept what I have proposed, I urge her to give serious consideration to whether it would help those individuals to have the full confidence of Parliament and the trust of the public in discharging their roles if she allowed some public scrutiny and accountability in the process of appointing them.

[Gavin Robinson]

Does the hon. Gentleman realise that that is not what would happen if there were a functioning devolved Assembly and that putting some of those positions through that political prism brings some difficulties with it in the Northern Ireland context? If an appointment were rightly made to the Policing Board, it would be for the board to assess and judge any individual going for the Chief Constable role. With the police ombudsman, there is no public scrutiny role like that which we have seen through the process for US Supreme Court judges available at the moment. That role does not exist at the moment; it did not exist when the Assembly sat, so is it really the road we should go down on this interim basis?

[Nigel Mills]

I said that I was not necessarily fixed on how we define the roles, but we are not in a normal situation. We do not have the Executive or the Assembly to make those appointments; what we will end up with is a Secretary of State over here, with no accountability and no cross-community input, simply making that decision. I was suggesting that this would be a way to provide at least some scrutiny and accountability for these important appointments. The Bill to which we have just given a Second Reading actually specifies that the Secretary of State can effectively make those appointments herself. I accept that we cannot replicate every process that the Executive would have followed, but I am attempting at least to find some way to improve the situation over that which we have in the Bill.

Perhaps I can make a few remarks on the amendments tabled by the Chair of the Select Committee, my hon. Friend the Member for South West Wiltshire (Dr Murrison). It seems a bit discourteous to talk about his amendments before he has had a chance to discuss them, but this is my only chance so I guess I will do it anyway. Amendment 2 suggests some items that could be included in the Secretary of State’s guidance to the civil servants on which we really ought to see them take some action. As I said on Second Reading, ideally what we would get from this process would be some decisions that could not be taken before now because there has been no ministerial direction.

In terms not only of the items that my hon. Friend has suggested in amendment 2 in relation to the Hart report, which we have discussed at some length, but of all the various Brexit-related issues, we need as a House to be assured that in the event that any important decisions need to be taken as a consequence of wherever Brexit goes over the next few months, there is a process in place whereby decisions can be taken for Northern Ireland.

Northern Ireland: Recent Violence

Gavin Robinson Excerpts

Wednesday 18th July 2018 Commons Chamber

[Karen Bradley]

As the Chief Constable put it to me today, there has been slow but fragile progress. As the right hon. Gentleman knows, I have received the request from the Chief Constable, and I am considering it.

[Gavin Robinson (Belfast East) (DUP)]

Thank you for calling me, Mr Speaker. I apologise for missing the start of the urgent question. I am grateful to you for your generosity. [Interruption.] I am very grateful, Mr Speaker—and we will move on from that.

The Secretary of State will be aware that, on the evening of 11 July, Assistant Chief Constable Todd made the quite extraordinary declaration that he expected widespread violence in the name of a paramilitary organisation, particularly in my constituency. As the Secretary of State knows, at least a dozen cars, caravans and so on were burnt out, which, to my mind, satisfies the conditions for a Chief Constable’s certificate and for compensation. Has the Secretary of State engaged with the PSNI, and will she confirm that steps are being taken to recognise the involvement of a proscribed organisation, and that compensation will be arranged quickly and efficiently?

[Karen Bradley]

I spoke to the hon. Gentleman, whose constituency was particularly affected, before the events of last week. I have spoken to the Chief Constable, but perhaps I can write to the hon. Gentleman with the specifics of our conversation.

Northern Ireland Budget (No. 2) Bill

Gavin Robinson Excerpts

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

[Jim Shannon (Strangford) (DUP)]

I echo the sentiments of my hon. Friend the Member for North Antrim (Ian Paisley) in relation to the passing of William Dunlop. We all understand the family’s heartache and wish to convey our thoughts and prayers to them at this time. I have a brother who raced bikes—indeed, he raced with the Dunlop family over a great period of time. He had a very serious accident, but he lives today, whereas William Dunlop and the other Dunlops do not live. We think of the family at this time, and it is important that we do so.

I thank the Government, and particularly the Secretary of State, for introducing this legislation. I echo the frustration expressed by others about the process. I can well remember the story told in my office about the husband of one of the girls, who used to get his hands on what was then referred to as the Index book and circle presents he wanted from Santa. His dad was a pastor and in no way able to fulfil those requests. Ultimately, there was always something that he did not get, and that was the one thing that he really wanted. My parliamentary aide has implemented with her children a three-present rule: the children can ask for only three presents to avoid disappointment. There is a logic to it—it is not an Ulster Scotsism.

I feel like I am circling the Index book of needs for Northern Ireland while knowing that without a working Assembly, there is no way that the man in red—or, indeed, in this case the man with the red briefcase—can get it right, but there are asks that I believe we truly need out of this budget. Even at this stage, I am urging that the red briefcase be used to help the Secretary of State to meet our greatest needs.

The shadow Secretary of State mentioned my name in relation to the north-south interconnector. He shares our frustration that while we have a north-south interconnector, we are not even sure whether we will actually be able to use it. Decisions are made, but there is no process in place to ensure that it actually happens. It is an important project, with great benefits for both the north and the south, but particularly for us in Northern Ireland. I wait to hear from the Minister whether the interconnector will go ahead.

The DUP, as all Members know, made a deal on confidence and supply, securing £1.4 billion for all people in Northern Ireland from all religious persuasions and all political parties. I say to the new Northern Ireland spokesperson for the SNP, the hon. Member for Paisley and Renfrewshire North (Gavin Newlands)—we wish him well in his new position—that if he needs any training in how to secure a good deal, we might be available to help him. We can give him some good advice.

We all understand that the 1998 Belfast agreement does not allow for the full budget to be allocated. However, we are at the stage where 95% of the budget can be spent. My first ask is that instead of allocating £20 million of the supply and confidence additional funding, can we please have all the outstanding money allocated? The money is there to be allocated, so let make it happen. Will the Secretary of State please release the money, as it will enable us to do several things that are essential to keep our schools open and our NHS running. Will she allow the release of funds to enable the Education Authority to swallow the budget restriction that has been imposed on schools? That restriction is leading to more pressure on small schools. Even larger schools are being forced to lose teachers. I have wonderful schools in my rural communities, as we all have, but they may be forced to close their doors because they cannot save £40,000 unless they lose a teacher, which effectively means that the school will close.

Can the Secretary of State release funding to subsidise urban and rural primary schools? Many primary schools in my constituency are waiting for extensions and classrooms are bulging at the seams. Grey Abbey Primary School is one that comes to mind right away, and we also have Ballywalter Primary School, for which we have been pursuing the case for some time, and Killinchy Primary School. These schools need help now, not tomorrow and not in five years’ time. Glastry College has been waiting for a new build for up to 10 years. We have been told that it is now on a five to six-year programme, but the school is over-subscribed. The numbers are increasing each year, so we need money to be released for the new build. What happens if we have a process where those expansions cannot happen? We need a Minister in place. We have a Department that effectively cannot make that decision.

The hon. Member for North Down (Lady Hermon) referred to education in North Down. She and I, along with my hon. Friend the Member for Belfast East (Gavin Robinson), share a special needs school. Longstone Special School and Killard Special Needs School have particular needs now, not at some stage down the line. The principal at Killard has written letters to all of us to say that work needs to be done in his school right now. Members must understand our frustration.

[Gavin Robinson (Belfast East) (DUP)]

My hon. Friend mentioned Longstone Special School, which is in my constituency. I hope that he agrees that this issue should really cut to the heart of the discussion about resources. I had an email from a year 10 pupil at Longstone saying, “We may be special needs children, but can you help us get a library?” A library? We are talking about access to books in a school. That is one of the resource implications that is coming to the fore due to continual underinvestment for our special children who need help the most.

[Jim Shannon]

I thank my hon. Friend for his intervention. He is absolutely right. Torbank Special Needs School is another that comes to mind along with Longstone and Killard—there are three schools. The school teachers, the classroom assistants and the parents all want to see better resources for their pupils and schools, and we need to encourage them. Things are being held up due to red tape, which means that things cannot be improved, which is immensely frustrating.

Why is the Department for Education’s investment budget being reduced by some 4% in the 2017-18 final budget while most other Departments have had their investment budgets increased? Why is the investment budget of the Department of Agriculture, Environment and Rural Affairs almost doubling from £39 million in 2017-18 to £77 million in 2018-19? We had a meeting with the Under-Secretary of State for Northern Ireland, the hon. Member for North West Cambridgeshire (Mr Vara), the week before last, along with Lakeland Dairies from Newtownards, to look at the capital grant scheme to which my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) referred. The scheme is in place, the money is there and the skills are in place, but we cannot move it forward because the Department is sitting on its hands and nothing can be done. Madam Deputy Speaker, you can understand our frustration. The Minister is a genuine person who would love to help us, but we need a process in place to make sure that things happen. Let us see if we can move things along.

The Northern Ireland Affairs Committee is holding an inquiry into fishing. Hopefully we will be concluding that shortly. The knowledge that we have gained from that inquiry has been immense. As we move towards Brexit, we are aware that we need the grant system in place to enable capital schemes in the fishing ports of Portavogie, Ardglass and Kilkeel. We need the money in place, but we do not have a Department that is able to function fully. We are out of Europe next year, and we are incredibly frustrated that we will not be in a position to respond.

The annually managed expenditure budget, which is mostly for welfare, shows a 16% increase over the past two years. What is the underlying reason for that increase? No one has mentioned—at least not directly—the local roads budgets for our Departments and our section officers. They have had no increase in their moneys for the past few years. Indeed, those moneys have been decreased over the past couple of years. I am pleased to see that Ballyblack Road East has been resurfaced in the past four weeks. That is good news, but Ballygalget Road in Portaferry has not been done. The Dalton Road estates has not been done either. The reasons for our frustrations are clear. The system does not seem to respond to our needs as the elected representatives of our constituents. We need a Department that can work with us. No white lines have been put down in parts of my constituency for more than two years. We have got to the position where a person knows that they have to be on the left hand side of the road, but there is no white line to tell them where the middle of the road is. People will say that they know that they have to be on the left hand side of the road and that they will not stray, but we understand their frustration when we see such decay and when things that should be done are not being done.

I agree with David Sterling’s briefing regarding the needs for the 2018-19 budget that was published in December 2017. Some £410 million from the confidence and supply agreement could be spent, with £80 million for immediate health and education pressures and £30 million for programmes to address mental health and severe deprivation. Just today, and over the weekend, the press back home informed us—some of us probably knew this already—that Northern Ireland has among the highest levels of suicide. The constituency of my right hon. Friend the Member for Belfast North (Nigel Dodds) has some of the highest levels of suicide in the whole of Northern Ireland, and indeed in the whole of the UK. We want to address the issue of mental health and severe deprivation, but we need to do that with a functioning Assembly and a functioning Department. We had a meeting earlier this year with a number of Northern Ireland charities. We want to address this issue, and we are keen to see the Northern Assembly addressing it, but we have a frustration with the system, which does not seem to have the same capacity or interest.

Let me go back to the budget. Some £100 million is being spent on ongoing work to transform the health service in line with the broad-based consensus fostered by the Bengoa report. As Members have mentioned, there is a £20 million shortfall for pharmacies. Again, we need a Department that can address these things. I brought up the situation involving insulin pumps at the Northern Ireland Affairs Committee last week. The Secretary of State will remember me telling her that children under 10 with type 1 diabetes are frustrated because they cannot get their insulin pumps. They are frustrated because there is no process. Their parents tell me that they are worried about the health of their children. What are we doing about the health of our children when it comes to making decisions?

This House will have to take such decisions very shortly, otherwise we will have to find a method whereby the Northern Ireland Assembly and Departments can make them. We need action on the insulin pumps for children under 10 with type 1 diabetes. Northern Ireland, followed by Scotland, has the highest level of type 1 diabetes in the whole United Kingdom—it is higher than that on the mainland.

I have asked—other Members have agreed to this—for the Northern Ireland Affairs Committee to hold an inquiry on the important issue of cancer drugs. We should have a cancer drugs fund in Northern Ireland. These decisions need to be made by the Northern Ireland Assembly. The permanent secretary of the Northern Ireland Department of Health understands the issues, but his hands are tied. We need a process to get the cancer drugs in place.

We also need a system for the operations waiting list. If this situation goes on much longer, people will die because they have waited too long for their operation. I hate to say that, but it is a fact of life. Many of my constituents are frustrated. Just last week, a constituent told me that they had waited 54 weeks for an assessment, and that is before they are even put forward for an operation, which might take another two years or so. That is not the way we need to live. Of course, people suggest to them—I feel frustrated with this system—“If you want to go private, we can bring you to the top of the list just next week.” Well, some people cannot do that; they do not have the finances. These people have paid their tax and national insurance for perhaps 50 or 60 years —all their working life—and expect the NHS to respond to them.

The issue of broadband has been mentioned. There are small and medium-sized businesses in my constituency that are run from people’s homes. We want to encourage people to start small businesses. I thank the Government for their policy, and the Northern Ireland Assembly and the Department of Enterprise, Trade and Investment in Northern Ireland for the way in which they have promoted the idea of people in businesses working from home, but we have now reached a stalemate. We have the money for broadband that we secured through the confidence and supply arrangement, but we need a method of getting that money out. David Sterling also mentioned £4 million to prepare the ground for transformation, and £100 million to be transferred from existing capital funding to address public services and police resources.

I want to put on record my full support for the PSNI, which has a new policy and strategy for Northern Ireland on taking on paramilitarism. That is a good idea that I fully support, as will everyone in the House. Hon. Members will understand why we need a PSNI that is able to respond and to deliver on its project to take on and reduce paramilitarism, and to deal with those who live off the backs of others through their drugs-related and criminal activities. I understand that the Patten commission reported that there were 7,500 police officers at that time. There are now 6,715, so there is a clear shortfall. My hon. Friend the Member for North Antrim mentioned the fact that 50 experienced police officers leave every month. I understand that it takes six months to train 100 recruits; in theory, every six months we are falling behind by 400, so hon. Members will understand our frustration. We need money to train officers and to ensure that those officers are in place.

Northern Ireland Budget (No. 2) Bill

Gavin Robinson Excerpts

Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 9th July 2018 Commons Chamber

[Sir Michael Fallon]

I accept both those points. I made the first one myself—our armed forces are subject to armed forces legislation and no member of the armed forces would want any exemption for wrongdoing or misconduct—but the second point is the more important. As it stands, ex-servicemen and women—mainly servicemen —are being discriminated against by the process.

The Committee and the Government, if they will accept the amendment, or the spirit of it, have an opportunity to declare their will to Northern Ireland—to the judiciary in Northern Ireland, to the legal system in Northern Ireland, to some of the fee-hungry barristers in Northern Ireland—and to our own appeal courts here, that Parliament will no longer tolerate a situation where terrorist murderers are allowed to walk free while ex-servicemen, veterans who have put their lives on the line for the rest of us, fear a knock on the door and can be hauled from their beds, arrested, flown to Belfast, put into a cell and indicted for an offence that might or might not have been committed 30 or 40 years before. That cannot be right.

I make one final point: these ex-servicemen are not the generals or even the colonels who wrote the rules of engagement, planned the patrols and issued the orders, but the ordinary soldiers, the men of the platoons, who went out into the dark, into danger, on our behalf to face up to the terrorist challenge in Northern Ireland. We owe it to them, one way or another, to say that enough is enough and that the hounding of our veterans must now stop. I look to the Government to tell the Committee how they propose to stop it.

[Gavin Robinson (Belfast East) (DUP)]

It is a huge privilege to follow the right hon. Member for Sevenoaks (Sir Michael Fallon), not least because, when Secretary of State for Defence, he seriously engaged with us on the Defence Select Committee when we conducted an inquiry into fatalities that arose during the troubles in Northern Ireland. He engaged with us and considered our report—we all on the Committee collectively and appropriately considered the issues at hand—and we can hear that he is one of the growing number of principled parliamentarians who recognise there is an issue that we need to address. He also fairly outlined some of the deficiencies in the amendments. I say that not as a criticism but drawing on comments he himself made.

Our report was very clear, in its second recommendation, that the Government should extend any proposal to the brave members of the RUC. We have heard many honeyed words this evening about the bravery and sacrifice of police officers, both past and present, and many Members have put forward their views on the noble cause that police officers served in our community in Northern Ireland, and yet, of course, they are absent from the amendments. There are various reasons for that. The right hon. Gentleman referred to the complexities, but the complexities applying to police officers past and present in Northern Ireland apply similarly to Army veterans. It is not the case that those complexities are confined to Army veterans in Northern Ireland or in the rest of Great Britain and do not apply to the police; they apply equally, and they are twofold. There should be no amnesty for terrorists, and there should be no equivalence between the honourable actions of service personnel and the actions of those who went out to commit murder and mayhem in our streets.

Many who have served in the Royal Ulster Constabulary, the Police Service of Northern Ireland or the Army, and who live in Northern Ireland, will never countenance the day when their service is treated as if it were in any way comparable with what was done by those who sought to destroy our society, and I think that they are right. However, I recognise that dealing with that issue opens up another panoply of legal complexities.

The right hon. Member for New Forest East (Dr Lewis)—the esteemed Chairman of the Defence Committee—and I have regular discussions about how we can obviate some of the legal constraints that apply to a statute of limitations. I think Members should take the opportunity to read the legal submissions from which our inquiry benefited—from Professor Richard Ekins of Oxford University, Professor Kieran McEvoy of Queen’s University Belfast, Professor Peter Rowe of Lancaster University, and Professor Phillipe Sands QC of University College London.

What can we take as an overarching lesson from the varied range of views that were expressed, which included disagreements? This Parliament is sovereign. This Parliament can set our laws, create the circumstances around natural justice, and outline what a criminal justice process should be. It can inject some equity and fairness into that process, in a way that complies with article 2 of the European convention on human rights, or article 3, in the case of torture. I think that the right hon. Member for Sevenoaks was right to refer, in his amendment, to previous satisfactory investigations. No one is trying to obviate the rules of natural justice in this country, but he is right to suggest that we should stand firm when, again or again or again, a knock comes at the door.

I pay tribute to the right hon. Member for Newbury (Richard Benyon), to the hon. Member for North West Norfolk (Sir Henry Bellingham) and to the former Member of Parliament for Aldershot, Sir Gerald Howarth, all of whom have been steadfast champions of the notion of protecting those who protected us.

We talk very loosely about 90% of all troubles-related killings being carried out by terrorists, with 10% attributed to state forces, but we can state categorically that each and every one of those that fall within the 90% were crimes, carried out by terrorists who were involved in state subvention. We cannot say that of the 10%. We cannot say that of those who put their lives on the line to protect all of us. We need only look across at that door to see three plaques in memories of three Members of this House who were cut down by terrorists in this country. We do not have to look too far away.

I know that memories fade, and I know that people talk about the price of peace. I do not remember any legal constraints or complexities being raised too strongly in the House in 1998, when the prisons were opened. I do not remember too many legal complexities bothering those boffins in Whitehall when they constructed the on-the-runs scheme. Time and time again in the pursuit of peace, to please those who tried to destroy this country, legal minds and successive Governments have created conditions that have allowed the doors to open for terrorists.

I praise the right hon. Member for Sevenoaks—and I say that meaningfully—as the principal parliamentarian to support this continual quest. He tabled the amendments in the knowledge that they were not perfect, and that this was a journey that we would have to make together in a committed and principled way. It is right for Parliament to set conditions that provide protection for those who protected us and who have no equivalence with those who tried to destroy this country, in a way that does not legally extend an amnesty or state immunity, because as a state we will have discharged our duty. We are talking about cases where there has been an investigation and where we are satisfied that the information gathered is exhaustive, and it is natural justice for those being prosecuted who served this country that we should move on.

I respond to the right hon. Member for Sevenoaks not to detract from the thrust of what he is attempting to achieve or the principled spirit of what he has outlined, but to stand at one with him in recognising that this is a wrong that needs to be righted, and that it cannot be constrained or confined to Northern Ireland alone; he has outlined the implications right across this country, and indeed in theatres beyond this country.

I hope that the spirit in which the right hon. Gentleman brought forward these amendments will continue to feature as we navigate the legal and moral complexities and do what is right, in the interests of our veterans, our current armed forces personnel, past and present, and those who served in the RUC, the PSNI and others. If we can get collective agreement tonight that that is our direction of travel and that is what we want to achieve, and that we will be honourable and earnest in our quest to protect those who protected us, he will have our support.