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.

--- Later in debate ---

[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.

Oral Answers to Questions

Gavin Robinson Excerpts

Wednesday 21st March 2018 Commons Chamber

[Karen Bradley]

As I say, my predecessor consulted all the parties, and this position was supported by the broad majority of them.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State will be able to confirm that even if the regulations did go back to 2014, no information would be published that has not already been published. Will she also confirm that there is a disparity when there is no mention in this Chamber or elsewhere of the dark money received by Northern Ireland parties from foreign jurisdictions? This is the only place where that is allowed to occur, and it should stop.

[Karen Bradley]

I firmly believe that transparency is the important thing that we have here. We should all know where money is coming from, and I understand the hon. Gentleman’s comments.

Northern Ireland Assembly Members (Pay) Bill

Gavin Robinson Excerpts

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

[Karen Bradley]

The right hon. Gentleman has raised that point with me on several occasions and it has been discussed in the House. I know the strength of feeling on the matter, but he will also know that it is a matter for the House, not for the Government. That is why we are dealing with the power to vary the pay and allowances of Members of the Legislative Assembly today.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State is right to indicate that the matter is for the House, not for the Government, but what is a matter for the Government is the ability of Northern Ireland political parties to raise funds outside the United Kingdom in international jurisdictions and wherever they so choose. She could take steps to close that loophole. Will she do so?

[Karen Bradley]

At Question Time, we had a question about the transparency of donations and I am pleased that the House has passed the order to start to increase such transparency. I know that the hon. Gentleman is keen to see further work on that, but I ask that we should see how the order works first. If more needs to be done, we will need to look at that.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

I am delighted to see how much time there is for me to go through this Bill’s provisions, but I think you will appreciate, Mr Deputy Speaker, that we are in danger of permitting my hon. Friend the Member for Strangford (Jim Shannon) an inordinate amount of time for his Adjournment debate.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

May I just say that most Members of Parliament will now want to intervene on the hon. Member for Belfast East (Gavin Robinson)?

[Gavin Robinson]

That is exactly what I was going to say, because I fear there will be nobody in this Chamber to intervene at all, and therefore God bless “PARLY” tweets, because that will be empty—devoid of anything to say—this evening.

[Sammy Wilson (East Antrim) (DUP)]

Perhaps the Deputy Speaker could give us some guidance on whether my hon. Friend the Member for Strangford will be allowed to intervene on himself during the Adjournment debate.

[Mr Deputy Speaker]

I am sure that, if there is nobody else here, he definitely will.

[Gavin Robinson]

Thank you, Mr Deputy Speaker. Last night, you were concerned that we were descending into talk of bunkers; today we are perhaps going bonkers. But we will get there.

My parliamentary leader, my right hon. Friend the Member for Belfast North (Nigel Dodds), has outlined our support for the Bill. We think that this is a necessary step that the public of Northern Ireland expect us to take. Indeed, there has been a great deal of frustration over the length of time it has taken to get to this point. The only greater level of frustration is that we do not have an Assembly and that all 90 Members of our legislative Assembly in Northern Ireland will be affected as a consequence of the actions of a minority within it. We cannot overlook that fact when we address the contents of the Bill.

Other Members will mention hard-working MLAs. Mention has been made of one from North Down and of another from Belfast South. My colleagues Joanne Bunting and Robin Newton are also hard-working Members of the Legislative Assembly. I would go further, however, and say that all five representatives in my constituency of Belfast East are hard-working representatives for their constituents—not just the Democratic Unionists but the Alliance party representatives and an Ulster Unionist as well. The same is true of Green representatives and of Social Democratic and Labour party representatives in Northern Ireland. All those representatives would have a Northern Ireland Executive and Assembly established and working again tomorrow. They all stood because they believe in their constituents, in our country and in democracy, yet they are frustrated from doing their jobs. There might be a tad of frustration at the length of time it has taken to see action on MLAs’ pay, but MLAs and the public more generally want the MLAs to be active for their constituents and for their communities. Those MLAs want to get on with the job.

We are where we are, however, and there are a couple of questions about the Bill that I would like to raise with the Secretary of State. It has been clearly outlined that, should it be required, any determination on the basis of this legislation would be capable of being made again, even after the restoration and potential subsequent decline of an Executive.

[Karen Bradley]

If it is helpful, I can tell the hon. Gentleman the way this will work. Once the Executive are formed, the power to make decisions will move back to the panel, because it can be re-formed, but if the Executive were to collapse again, we in this House would retain the ability to make a determination here without the need for further legislation.

[Gavin Robinson]

I am grateful to the Secretary of State, but clause 1(3) gives me cause for concern. It states clearly:

“The power to make a determination under subsection (1) or (2) ceases on the first occasion”

that the Bill is used to make a determination and an Executive are re-formed. If that power ceases when an Executive are re-formed, how can another determination be made? I have read the explanatory notes, and I see that the intention is that a determination can be made, but that seems to jar with the fact that the power will cease on the first occasion it is used when an Executive are re-formed. I understand that this question might not be able to be answered quickly, but if there is an intervention to be made, I will take it. If not, I will move on, but I hope that we can get some clarification on this as we continue our consideration of the Bill.

The Secretary of State is absolutely right to indicate that she will immediately take steps under this legislation, if it is passed, to stop the £500 increase that is due to MLAs’ pay in April. That is a sensible decision, and I think that the court of public opinion would be aghast if Assembly Members were to receive another £500 increase.

[Karen Bradley]

I thank the hon. Gentleman for giving way. The first determination does cease at the point that the Executive are re-formed, but we still have the power to make further determinations in this place if the Executive subsequently collapse. This determination will cease, so we may then need to make a separate determination.

[Gavin Robinson]

I thank the Secretary of State. That is exactly what was outlined earlier, but it still does not solve the problem of the terminology and the language. Clause 1(3) states that the

“power to make a determination”—

a fresh or new determination—

“under subsection (1) or (2) ceases on the first occasion after the passing of this Act”

when an Executive are formed. I accept that the determination itself could be renewed, but I seek clarification on whether there is the power to do so. I may be completely misunderstanding things, but the Secretary of State is indicating that the power will exist to make a new determination, yet subsection (3) indicates that the power “ceases”, so I would be grateful for some clarity.

[Karen Bradley]

I know that this is very technical, but I am trying to resolve this today, rather than have to come back to the hon. Gentleman. The intention is that a determination made in the current period would reapply in any future period, but the sunset clause means that the power cannot be used. Does that make sense?

[Gavin Robinson]

rose—

[Karen Bradley]

It may be easier if we write to the hon. Gentleman with exactly how it works. The intention as set out is how we intend things to work, but it may be easier if we write to him with the technical details.

[Gavin Robinson]

That would be useful. The Under-Secretary of State for Northern Ireland and I parsed such issues last night to the point that he questioned my sincerity because of the breadth of the smile on my face. It is useful to seek clarity on the Floor of the House, because the House’s intention needs to be clear should there ever be cause for judicial consideration, and I think what the Secretary of State has said is making things clear. I do not claim to be an expert on such matters, but there is an issue with the wording of subsection (3), and I will take the opportunity, once I have concluded my remarks, to withdraw from the Chamber—if that is appropriate—for a discussion with the officials should there be any need to raise the issue again in Committee.

[Nigel Mills (Amber Valley) (Con)]

If a determination was made to reduce pay by a third, for example, is the hon. Gentleman’s understanding that that determination would lapse when the Executive re-formed? If the Executive fell again, that cut of a third could be reactivated, but the power would not be there to change that third to a half or to something else. Whatever is done now is what will happen if the Executive ever collapse again, but we cannot change the amount.

[Gavin Robinson]

As I have outlined, my concern is that the power ceases once we make the determination and the Executive are re-formed. That is the difficulty. It is not that there would not be the intention or the willingness; it is that the legislation, as currently drafted, removes the power.

[Karen Bradley]

We do intend that to be the case—I recognise that we are going around the houses slightly—and I suggest that the hon. Gentleman speak to my officials. We would be very happy to go through things. If there is confusion or if something needs to be made clear, we can either put something in the Library or say something in the other place when the legislation is debated there.

[Gavin Robinson]

I know that you did not expect that exchange of views, Mr Deputy Speaker, but this is important. If we are to pass legislation for Northern Ireland when we have a democratic deficit at home and if we are to use this accelerated process, it is important that we have the opportunity at least to probe and consider things to iron out the contents of any Bill that affects the people of Northern Ireland.

The Secretary of State is absolutely right to take the important step of bringing to a close the idea that MLAs will receive a pay increase of £500, and the public will support her. However, we are left in an invidious position by making a decision today without knowing how it will be rectified. If MLAs were doing their job today, the only reason why they would be getting an inflationary increase is that inflation and the cost of living are there and the value of the job has been assessed such that the salary should not just be fixed but increased in line with inflation.

I would love to know what happens when the Assembly is restored. Would Assembly Members receive adequate restitution if their pay rose in line with inflation, as it would for any other worker or public servant in this country? Will the Assembly be placed in an invidious position where, to secure the true value of MLA jobs, one of their first acts will be to rectify the decision not to introduce an increase in April? The indication that the Secretary of State gave today is right, but I am concerned that if that continued for an indefinite period the value and worth of salary attached to the role of MLA would be continually diminished.

[Karen Bradley]

Those are extremely good technical points, but I am assured that the determination that would be made to stop the £500 increase and a further determination to reduce pay would apply for the period in which an Executive are not formed. If the Executive are reformed, MLA pay will be at the rate it should be, including the £500 increase.

[Gavin Robinson]

I am grateful for that clarification, which is important in two respects. During the stasis in Northern Ireland, we should not allow a diminution in the value of the role of MLAs or in the worth of their work. More importantly, it should not be for MLAs to set it back again.

That leads me neatly on to the representations that the Secretary of State has invited on whether she should proceed with Trevor Reaney’s outline proposals. Inviting representations is preferable to a full consultation, because all of us in public life recognise that MLAs, Members of Parliament, local councillors, Ministers and parties should not make determinations about their own pay. Having heard what the Secretary of State has said in our exchanges, I believe that she is mindful of that and does not wish to have a full consultation with parties in which they would determine how she should proceed. I believe that she will proceed in the full knowledge that she has our backing in taking appropriate steps today.

This measure is necessary because we do not have a functioning Executive in Northern Ireland. Even though a programme for government was agreed in October 2016, apparently agreement could not be reached two months later, and the Assembly was brought down as a result of selfish, particular, political, partisan pursuits by one party— Sinn Féin—which, for the past 14 months, has held the people of Northern Ireland and MLAs, along with their willingness and desire for a devolved Assembly, to ransom. It has done so against the needs of its own community for health reform. It has done so against the desires of its community when it comes to inspiring children, investing in their future, supporting education and reorganising our schools in Northern Ireland. It has done so against the wishes of all those who believe in community regeneration, as we do, and who believe in community development, as we do. We see the consequences of its actions coming down the tracks in cuts to neighbourhood renewal in my constituency and other urban areas affected by social deprivation. We cannot do anything about that in Parliament or in the Assembly, because Sinn Féin will not allow it.

That is pathetic. It is a disgrace that, while over the past 14 months in Parliament we have reflected on how shabby that is and how we would far rather have local government, there has been no pressure on Sinn Féin. Who decides that we need to coerce engagement or move on with those who continue to frustrate the development of peace, democracy and parliamentary representation in Northern Ireland? That is not a decision for today, but it is going to have to come, and I encourage the Secretary of State to be bold on it.

I asked the Secretary of State earlier about dark money. How do we get people to recognise that if they are not prepared to take up the reins of government in Northern Ireland, this UK Parliament will take the steps for them? Acting on Sinn Féin’s dark money is one way of doing that. For generations, millions of dollars have been flooding into Northern Ireland from the United States—and not just from there. In two weeks’ time, there will be a fundraiser for the Easter rising celebrations in Canada. At least $20,000—given the ticket sale price and the number of spaces available—will be raised there for Sinn Féin in Northern Ireland. Why do I say “Sinn Féin in Northern Ireland”? The answer is clear: the Irish Republic has had the courage to ban foreign donations to political parties within the 26 counties, and in Great Britain we have had the courage to ban foreign donations to political parties, but in Northern Ireland the door has been left open for Sinn Féin to benefit from dark money. We do not need to theorise or speculate about that, or to believe in conspiracy theories, because Sinn Féin’s own fundraisers in the US tell us that they pay for the literature in Northern Ireland election campaigns and pay the phone bills in constituency offices of Sinn Féin Members in Northern Ireland. These people raising money in Canada, America and Australia are continually funding the pursuits of a political party in this United Kingdom via the only part of the UK where this loophole has been allowed to remain open.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

My hon. Friend is right to press this issue with the Government. He will be aware that the website openDemocracy has written volumes about the Democratic Unionist party and donations we received in the Brexit referendum campaign, which we have declared to the Electoral Commission and which have been found to be totally valid and to have met all the lawful requirements of the UK. I have challenged openDemocracy to investigate the millions and millions of dollars in dark money that Sinn Féin brings into this United Kingdom to finance election campaigns here. I have asked it when it is going to investigate this issue and the reply is, “If you have the evidence and you pass it on to us, we will consider it.” Any organisation or website claiming to be balanced and fair-minded and wanting to probe in the interests of democracy should be examining this issue.

[Gavin Robinson]

My right hon. Friend is absolutely right about that, and I agree wholeheartedly. If a website wishes to indicate that it is investigatory, it should be jumping at the chance, heading off with its nose on the scent, following the trail and pursuing this money, which is coming in and corrupting democracy in this country. Although Members are kindly listening to this point in the Chamber, as they have for years upon years, I have yet to hear any definitive political will from colleagues throughout the House to deal with it. Many of them have raised questions about political transparency and donations attached to other parties, but precious few have ever sought to lance this boil and get us to a place where the same rules apply in Northern Ireland as in the rest of the UK.

[Sammy Wilson]

Does my hon. Friend also accept that this House has turned a blind eye to the hundreds of thousands of pounds obtained by Members who do not take up their seats in this place yet benefit from the money available in this House? Most Sinn Féin MPs will claim, and have claimed, more on expenses for living in London than I have claimed, yet they do not attend this House. We do not have any action taken by the House as a whole on that. It is another loophole that ought to be looked at; this is another source of finance that Sinn Féin obtains that should be closed. Perhaps that is the way of putting pressure on Sinn Féin, because it seems to be keen on getting money from abroad, using electoral loopholes and getting money from this House even when its Members refuse to sit in it.

[Gavin Robinson]

My right hon. Friend is absolutely right. I have focused on the dark money coming from abroad because it is something on which the Government can act; my right hon. Friend raises the representation money in this House, which is a matter for this House. Again, the same conditions apply: one might get a friendly smile or an acknowledgement of sorts—one almost of comfort rather than encouragement—for raising this issue, but we will put it to the test and table a motion for discussion by the House.

My right hon. Friend referred to hundreds of thousands of pounds. I got my figures from my hon. Friend the Member for East Londonderry (Mr Campbell), who in turn got them from the Leader of the House, and they have been published and are a matter of record. We are considering taking steps to reduce MLAs’ salaries because Sinn Féin have not allowed them to do their work, but it is important that we also look at the money that Sinn Féin MPs get for doing work in this House, which they do not attend. In 2007-08, they got £90,036. In 2008-09, they got £93,639. In 2009-10, they got £94,482. In 2010-11, they got £95,195. In 2011-12, they got £101,004. In 2012-13, they got £105,850. In 2013-14, they got £109,135. In 2014-15, they got £112,076. In 2015-16, they got £99,415, and in 2016-17, they got £97,556.

When we are considering cutting MLAs’ salaries because they are frustrated in doing their work by Sinn Féin Members, it is appropriate that we bear in mind that this House has agreed to a situation in which over the past 10 years Sinn Féin have been given just under £1 million for representation work that they do not do. That is a scandal. The Secretary of State will be well aware of the public criticism and concern about making sure that we do something about MLAs’ pay, but where is the enthusiasm and encouragement in this Chamber to deal decisively with the loopholes in respect of representation money and dark money from foreign countries?

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. I think the point has been very well made. It would not be for this Bill to change that; it would be done in other ways. It would helpful if we tried to deal with things that the Bill can deal with.

[Gavin Robinson]

I am grateful for that indication, Mr Deputy Speaker. I think I have fairly outlined what the Government can do and what is a matter for this House but not for this debate, so we shall leave it there.

We must consider how we get to the stage at which MLAs’ salaries no longer have to be reduced, and I should say for the Secretary of State’s benefit that a poll was published today that indicates the level of support among members of political parties for the positions that the parties have taken. Some 80% of our electorate do not believe that an Irish language Act should be delivered. They believe in our position and have strengthened their resolve in our position since September last year. That is the political climate in which the Minister, the Secretary of State and others will have to resolve things. They are going to need a steely determination and a level of resolve that has not been seen in the past decade from the Northern Ireland Office. In dealing with Northern Ireland’s complexities and a divided community, they are going to need the willingness, fortitude and wherewithal to resolve things in the interests of everyone in Northern Ireland—or if not everyone, at least everyone who wants to make it work. We stand ready to form an Executive tomorrow with no preconditions, no red lines and no partisan demands. What is more, almost every other party in Northern Ireland wishes for exactly the same thing.

Mr Deputy Speaker, I will try to resolve outside the Chamber some of the issues that I raised earlier on the Floor of the House. I am grateful to you, Sir, for giving me the time to expand on these issues in a way that is important for our consideration. It is important to press home not only the content of the Bill, but the issues that are pertinent to the current crisis, and, indeed, the resolve required to get to a better place in Northern Ireland.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Shailesh Vara)]

I thank all Members on both sides of the House who have contributed to the debate. While there has been some reluctance, there has clearly also been broad agreement that this is the right way forward.

Let me say at the outset that it remains our overriding priority—one that I know is shared by Members across the House—to see devolution restored. However, as my right hon. Friend the Secretary of State said earlier, the ongoing payment of full salaries to Members of the Northern Ireland Assembly is a matter of public concern. The Bill will allow us to address that by empowering the Secretary of State to make a determination to change pay and allowances in the current period and to provide a safeguard against the present situation recurring.

I am grateful to the Members who have spoken, particularly the hon. Member for Edinburgh North and Leith (Deidre Brock) and the hon. Member for Belfast East (Gavin Robinson). We often talk about Committee as the time when we undertake line-by-line scrutiny. In the hon. Gentleman’s case, the Secretary of State and I felt for a moment that we were in Committee, because his very sharp legal mind was going beyond line-by-line scrutiny to word-by-word scrutiny. That was certainly noted by all those present, but he clearly illustrated what a gain he is for this place and what a loss he is to the legal profession.

[Gavin Robinson]

Even if I was wrong?

[Mr Vara]

I was being charitable. The order of the day for this debate is very much that people should be brief—most were in line with that—and I will follow in that tradition.

We have taken advice on MLA pay and considered it, and we are now putting the Secretary of State in a position to act, pending any further representations from the Northern Ireland political parties. The previous Secretary of State, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), received and published Trevor Reaney’s advice in December, and the current Secretary of State has considered it very carefully.

We are now at a point where we simply cannot go on paying MLAs at their current full salary. As the Secretary of State made clear, we want to decide and finalise our approach by the end of this financial year. The measures in the Bill are necessary and proportionate in the interests of public finances, public services and public confidence in Northern Ireland, in the absence of a devolved Government. For those reasons, it is important that we are ready to act on MLA pay.

I stress again the Government’s commitment to the restoration of devolved government. That is our overriding priority, and the measures in the Bill do not undermine or contradict it, with powers remaining firmly in the devolved space. We will continue to support the Northern Ireland political parties and to work with the Irish Government towards resolving the differences that have stopped the parties reaching agreement. This Government are steadfast in their commitment to the Belfast agreement, and we will work tirelessly to see the devolved institutions restored. This Bill will allow my right hon. Friend the Secretary of State to vary the pay and allowances of MLAs in the light of the lack of a sitting Assembly.

I am mindful of the fact that I do not want to detain the hon. Member for Strangford (Jim Shannon) or prevent him from saying all he has to say in his Adjournment debate. I know that he has prepared a three-hour speech, which he will now have to cut because of the length of this debate. I am determined that he should be able to have his say, and on that basis, I urge that the Bill be read a Second time.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Bill considered in Committee (Order, this day).

[Sir Lindsay Hoyle in the Chair]

Clauses 1 and 2 ordered to stand part of the Bill.

Bill reported, without amendment.

Bill read the Third time and passed.

Northern Ireland Budget (Anticipation and Adjustments) Bill

Gavin Robinson Excerpts

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

[Jim Shannon]

I thank my hon. Friend; he is absolutely correct. Yes, we were committed to bringing advantages for everyone across the whole of the Province, and we did so. This money has been committed to all the people of the Province.

Permanent secretaries will not take decisions, and the losers are people from all corners of the Province. Northern Ireland is disadvantaged today because of Sinn Féin’s austerity and its obstacles and negativity. Members of Sinn Féin are quite clearly the people to blame for this. I have parents tearing their hair out as their child can and should be mainstreamed if they could have a little bit of help in the form of a classroom assistant. Similarly, I have headteachers tearing their hair out because they are limited in the amount of referrals they can make, in the hours they can allocate to pupils, and in the one-to-one time they can give to pupils who could excel with early intervention. There is a very clear need for classroom assistants and educational assessments. I have schools such as Newtownards Model Primary School, which provides music specialists and has helped children who struggle academically but thrive musically. The school has seen great success with these programmes but is having to cease them because the board of governors cannot work out what its budget will be and do not know how or what to cut otherwise.

That simply should not happen. The school has raised money and worked hard to have that wonderful scheme, only for it to end because schools do not know what is happening. That is unacceptable, and yet our schools are forced to accept it, with the caveat of, “Blame the politicians on the hill.” It is not the politicians on the hill who are to blame; it is Sinn Féin. Not all politicians are to be blamed, but some are, and let us be clear who: the blame lies with Sinn Féin and their intransigence.

Special schools were a big issue in the news yesterday. I had a number of phone calls yesterday morning about that, as other Members will have had. Five schools are going to be amalgamated into perhaps two. There will be a consultation process, but already parents in my constituency have phoned to say that they are very concerned about where their child is going to end up and what is going to happen.

We have North Down Training Ltd, which does some great work with young adults who are educationally disadvantaged and have problems that are apparent and need to be addressed. We have high schools with small numbers under threat, with no money in the budget, yet money is flowing in for the Irish language schools—and this is before an Irish language Act comes into being. I have constituents saying, “Where is the equality for the small school in my area, when Irish language schools with under 50 pupils are as happy as Larry?” Of course they are, because they get every bit of money they want.

Where is the fairness? Where is the equality? We hear Sinn Féin talking about equality. I am going to talk about equality as well. Let us have equality for my constituents and for constituents across the rest of the Province who are disadvantaged and do not have it. How can I explain to my constituent why his child deserves less than another child because he does not feel a need to speak Irish in an English-speaking country?

New builds are an issue. Glastry College, which I serve on the board of governors for, is waiting for a new build. The decision on Movilla High School stands clear as well. These are problems that every school in my constituency, and indeed every constituency across the whole of the Province, deals with.

I have people complaining that they cannot access their GPs and that when they do get to the surgery, their GP puts them on a waiting list of sometimes over 18 months to get done what needs to be done urgently. We need a decision to be made to provide bursaries to medical students who will give a commitment to work their first seven years in GP surgeries, to relieve the burden on those and the doctor out-of-hours system.

These are things we are dealing with every day. Hopefully this budget and the allocation of moneys and ministerial decisions that will come will eventually ensure that these systems are all sorted. Again, we have A&Es bursting at the seams, with beds in the halls being above the normal. I remember my parliamentary aide coming back from Swaziland and telling me about the hospitals there, which had two people to every bed in the wards. Sometimes we ask ourselves, is that where we are heading? If we are, something needs to be done.

I have met the permanent secretary regarding funding for insulin pumps, which vastly improve the quality of life of children with type 1 diabetes, as well as adults. He agrees that those would be wonderful, but money needs to be released for training of the nurses who specialise in the field. That needs to be budgeted for. In Northern Ireland, we have the largest number of type 1 diabetics percentage-wise in the whole of the United Kingdom, with Scotland following us. These are key issues in my constituency and in constituencies right across the Province.

We need to bridge the pay gap for the nurses and staff, but again, that will not be done without ministerial approval. We need care-in-the-community packages to allow elderly people to retain their independence for as long as possible and to cut down on the funding allocated to placing them in a home before necessary. That cannot be signed off without ministerial direction. We need to ensure that people on restricted diets can access their food when needed on the NHS, without having to make a case; their illness is the case.

Some of the money from the sugar tax will come to Northern Ireland, and we need someone in place to make decisions on that. A pilot took place in the constituency of my hon. Friend the Member for Upper Bann (David Simpson), which my hon. Friends are well aware of. That is a great scheme, addressing issues of obesity, diet and health. We want to see that scheme across the whole of Northern Ireland. That is something we should do.

We need the £1.4 billion of funding that we secured to be allocated. We desperately need the Ballynahinch bypass, which would benefit so many people in my constituency and those in South Down. Since the MP refuses to come to the House—he is too busy naming his office after those killed in the midst of terrorist activity—we are making that point and speaking for all those people in this place. I speak for my constituents and perhaps for some of his as well.

[Gavin Robinson (Belfast East) (DUP)]

My hon. Friend thinks I am intervening to put forward an alternative proposal for the route of the A55 Knock Road widening scheme, but that is not the case. He has mentioned on several occasions that many things cannot progress because of a lack of ministerial appointments and the fact that there are no Ministers to make decisions. Does he agree that it would be useful if the Minister indicated whether he has considered article 4(4) of the Departments (Northern Ireland) Order 1999, which says that senior officials can take decisions falling to their Departments in the absence of a Minister?

[Jim Shannon]

I thank my hon. Friend for that solution and for his question to the Minister. I am sure that Ministers will correspond furiously with their civil servants to find out how that might work. It has already worked in Northern Ireland on one occasion. We have seen it in action, and if we can have it in one Department, it can happen in all of them. Let us see whether we can get on with doing so.

In the case of the Ballynahinch bypass, the permanent secretary needs ministerial direction. This scheme is ready to go, so will someone please sign it off, because I would love it to happen? Similarly, a scheme must be put in place, Province-wide, with additional money for repairing roads. This hard winter has left too many potholes on our roads, and they are damaging cars. People are coming to my office saying that they have never before had to come and see their elected representative about this matter, but are now doing so. Let me mention one example which, miraculously, was fixed after a lot of correspondence. There was a pothole in Mary Street in Newtownards, and I raised it with the Department on a number of occasions. The last time I did so, I said to the gentleman, “If we don’t fix that pothole soon, we’ll be shaking hands with the Australians”. It was so deep, cars were getting damaged every day. It has now been fixed, and thank the Lord for that.

I have big businesses that are seeking to remain competitive globally through the Brexit uncertainty, but they cannot access grants to improve their business and cannot get through to decision makers to bring us into line with mainland practice. I say to the Secretary of State that someone needs to make such decisions. For example, the budget in front of us mentions the agri-food sector, which is very important in my constituency and across the whole of Northern Ireland. Where are the moneys for capital build? There is such a scheme in England, and this is devolved in Scotland and in Wales, but we do not have it in Northern Ireland, so we would like that to be put in place as well.

I applaud the voluntary sector and charitable organisations that are doing a tremendous job, but they are closing their doors as they cannot operate in uncertainty—they do not know what will happen in April—which leaves vulnerable people without the support they need to function meaningfully. Again, we look to the budget, and perhaps the permanent secretary, with the blessing of the Secretary of State and the Minister, could do something about that.

For all of these reasons, I am bringing to the House what I should have brought to Ministers and asking them, in setting the budget, to allocate the powers as well—as my hon. Friend the Member for Belfast East (Gavin Robinson) said so well—to those who are capable of making decisions. They will make such decisions and stop this floundering about, which has left our constituents frustrated, unrepresented at the Assembly and second class citizens.

I ask that consideration is given to the issues raised today when setting a budget, but also, more than this, that a system is urgently enacted to allow Northern Ireland to run again as a country, instead of being in limbo and no man’s land due to Sinn Féin’s austerity programme. Sinn Féin have tried to break the Assembly and to destroy Northern Ireland, and no matter what language they say that in, it is wrong. I hope that the budget we are setting today is the first stage in stopping just that.

I conclude with this last comment. Northern Ireland has weathered the past year, but a heavy price has been paid by voluntary sector workers, community groups, our NHS, our education boards and schools, and they are done paying for someone else’s refusal. I look to the Secretary of State and the Minister, and to this Government, to take the power, make the decisions, get the country back on its feet and put Sinn Féin back in the corner in which it already skulks.

--- Later in debate ---

[Mr Vara]

I take on board what the hon. Gentleman has said, but he will appreciate that, as I pointed out at the beginning of my speech, the Bill is technical and specific. I hope he will forgive me if I stick to the terms of the Bill, but I hear loud and clear what he has said.

The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) spoke of the coffee business in his constituency. I hope that he will be pleased to know that last Thursday I was at Borough market in London supporting some 14 Northern Ireland businesses dealing with food and drink. They all seemed to be doing very well and to have made contacts with traders here who are happy to take goods from them in the future and sell them in London. That was a very productive event, and I greatly enjoyed it.

The hon. Member for Belfast East (Gavin Robinson) asked a specific question about the Departments (Northern Ireland) Order 1999. Article 4(3) provides that decisions may be made by senior officials. Permanent secretaries consider legal authority for decisions every day in line with legislation. It is a technical issue, but I hope that that gives the hon. Gentleman some comfort.

[Gavin Robinson]

The Minister is right to refer to paragraph (3) rather than paragraph (4); I misdirected him earlier.

Of course legislative opinion may be sought, but does the Minister not believe, having reflected on that provision, that it fundamentally undermines the blanket stance that no decisions can be made until Ministers are appointed? There is more flexibility in that legislation than is suggested by the current political atmosphere and the discussions that are taking place in Northern Ireland. Given that it is there, we should use it.

Northern Ireland Finances

Gavin Robinson Excerpts

Monday 12th March 2018 Commons Chamber

[Karen Bradley]

I have attempted to deliver in the budget the financial certainty that is needed to enable the public services to continue. If devolved government were up and running in Stormont, Ministers in Stormont would be able to amend the way in which the budget operates, but I have done what I had to do to enable public services to continue and for public servants to have some certainty, within the restrictions of what is possible for me as Secretary of State for Northern Ireland.

[Gavin Robinson (Belfast East) (DUP)]

I wish the Secretary of State many happy returns; she has had cross-party agreement on that. I understand her caution, concern and reluctance to advance issues of direct rule but, on the statement and on providing a soft landing for that perpetual glide path that we have had for the past 14 months, may I encourage her to be bold and to provide the political opportunities for decision making for the benefits and interests of all the people in Northern Ireland, and to do so with confidence?

[Karen Bradley]

I thank the hon. Gentleman for his good wishes. I am committed to the Belfast agreement and the institutions that were set up under it. I want things to be in such a position that those institutions can be up and running and delivering for the people of Northern Ireland, with the politicians they elected delivering for them. That is what I am determined to do and I do not want to undermine that in any way. That is the very difficult balancing act that I have been operating under. I wanted to make sure that civil servants have the certainty and money that they need, but without undermining anything. I would welcome any suggestions from the hon. Gentleman and others about the sort of constitutional arrangements that could be put in place to get us back to devolved government.

Northern Ireland

Gavin Robinson Excerpts

Tuesday 20th February 2018 Commons Chamber

[Karen Bradley]

I have been clear that I rule nothing out. Everything is under review and I will look at all viable options to ensure that we get devolved government back up and running.

[Gavin Robinson (Belfast East) (DUP)]

In situations such as this, we will always get verbal excess or an aspirational wheeze from some of the participants. Will the Secretary of State indicate clearly that nowhere in the Good Friday agreement, the St Andrews agreement, the legislation that underpins them or the constitution of this country is there provision for joint authority?

[Karen Bradley]

I fully respect the Belfast agreement and the successor agreements. We adhere to the three-stranded approach very strictly.