Northern Ireland (Executive Formation) Bill

Debate between Gavin Robinson and Lady Hermon

2nd reading: House of Commons
Monday 8th July 2019 Commons Chamber

[Gavin Robinson]

For the avoidance of doubt, let me assuage the hon. Gentleman’s concerns—although in the context of this exchange, I am not sure “affection” was the appropriate word, but I will take it in the spirit in which it was offered. I know the hon. Gentleman’s sincerity on the amendment he is putting forward and I also know the sincerity of the hon. Member for Walthamstow (Stella Creasy) on the issue that she put forward. I did not mention either of them when I was making my remarks. It was the Front Bench that I was focusing on and its amendments. I am not going to frustrate anybody’s ability to table an amendment in this place. It is not my position to do so.

I engage with Love Equality. I got castigated for accepting a petition from them. They know my position and I know their position. I see no difficulty whatsoever in engaging positively and constructively. I get criticised for doing the things that I think are important, from a position of leadership, yet I still think it is the right thing to do. The same is true of my constituent Sarah Ewart, who I am sure will get mentioned. She is the most lovely lady who has had a most horrendous time. She is seeking a political answer to an issue that has dogged her personally for the last number of years, with no success. I think that she believes and hopes that she will get an answer through the courts in September. I think she believes that it is appropriate that such issues are dealt with locally. But I am not going to frustrate the political aspirations of others. They can put them forward but, if they respect devolution, if they believe that what I and my colleagues are engaged in in the talks has a purpose, and if they want to put us to the test, let us do it. But do not cherry-pick on a partisan basis.

I want to make just two brief points. I should not be here discussing this this evening. I should be in my constituency—although knowing we have parliamentary duties—dealing with some of the contentious issues that are being raised around bonfires and community tension. I mentioned the removal of tyres from a bonfire last night in Belfast South. I was pleased to see voluntary action this evening by some of the bonfires in east Belfast to remove tyres and pollutants from our community. These are sensitive issues. At the same time, I will have people criticising me and wanting to drag me through the streets to say I do not stand up for the right to celebrate our culture, and from the other side of the coin I will have people saying that I do not do enough, I do not challenge and I do not control. But I will always stand up for the interests of people in my constituency.

[Lady Hermon]

It is awfully kind of the hon. Gentleman to give way; I am extremely grateful to him. May I take him back to his constituent Sarah Ewart, who is a most remarkable and very courageous lady? What will happen when the Supreme Court rules in the autumn? It has already indicated and Lord Kerr, a former Lord Chief Justice of Northern Ireland, made obiter remarks last year in the case taken by the Northern Ireland Human Rights Commission that the abortion legislation in Northern Ireland is deeply unsatisfactory. If the Supreme Court rules in favour of Sarah Ewart, will not the United Kingdom Government and this House have an obligation to bring our legislation in Northern Ireland into line with our human rights obligations?

[Gavin Robinson]

Of course, if there is a finding of incompatibility, a declaration will be issued to that effect and the requirement will lie on the United Kingdom Government to consider that declaration of incompatibility; that is a statement of fact.

I, like the four speakers before me, stood up and said I was not going to speak for long and I have no intention of speaking for much longer because there are contributions to be made tomorrow on the specifics of whatever amendments are selected. But I want to draw the Minister’s mind back to the engagements that we had during the passage of the rates and budget Bill and to raise an issue that will not feature; it is not politically sexy or attractive. It is not an issue that people spend a lot of time thinking of. But I have raised it continually: the re-designation of housing associations and co-ownership.

One small, discrete issue that has a huge, meaningful impact on communities in Northern Ireland is that, because of the lack of Stormont, we have not reclassified our housing associations and the co-ownership scheme in Northern Ireland cannot avail itself of financial transaction capital. It cannot avail itself of the funds necessary to continue. The Minister made a commitment that the Government would legislate to rectify this small anomaly but, if that does not happen prior to the recess, 11% of all first-time purchasers who could avail themselves of co-ownership support will be unable to do so, and those who are starting life or at the lower end of the social spectrum will not have access to the finance required for their own home, unlike in the past when we have had £127 million of property purchases. I ask the Minister to give some assurance that a resolution will be found on this small but discrete issue. It is something that would not ordinarily trouble Parliament. It should have been resolved long ago and it will come to a head in the next number of weeks. The commitment was there. I would like to see progress on this.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Gavin Robinson and Lady Hermon

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

[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.