Northern Ireland (Executive Formation) Bill Debate
Full Debate: Read Full DebateIan Paisley
Main Page: Ian Paisley (Democratic Unionist Party - North Antrim)Department Debates - View all Ian Paisley's debates with the Northern Ireland Office
(5 years, 1 month ago)
Commons ChamberThe hon. Gentleman—my hon. Friend—has raised a very interesting point, and it is exactly the point that I was about to make myself. The two candidates for the leadership of the Conservative party—one of whom will, we assume, be the next Prime Minister of this country—are currently vying with each other to be the most no-deal Brexit candidate. That is very dangerous for Northern Ireland, and we know it would be disastrous for the whole United Kingdom economy. Those who read the article by Carolyn Fairbairn, the director general of the CBI, this morning will have seen a very well argued case for why the whole United Kingdom would suffer, but because she knows Northern Ireland she also makes the point that a no-deal Brexit would be massively dangerous for Northern Ireland.
The simple reality is that we know the following from many different sources. As the outgoing Chief Constable of the PSNI warned, the hard border across the island of Ireland which would inevitably follow a no-deal Brexit would become a potential target for the terrorists. A hard border, by making a target for terrorists, would lead certainly to members of the PSNI being put at risk and also potentially people more generally across Northern Ireland. Those are a serious warnings that we ought to take very seriously.
The Prime Minister said in an answer earlier this year that technical solutions effectively involving moving the border would still mean there is a border. Some involve equipment that could come under attack and some involve a degree of state surveillance that, frankly, I think would not be acceptable to the people of Northern Ireland. We have a very real situation here: a crash-out Brexit is massively threatening to the people of Northern Ireland and Northern Ireland more generally.
The hon. Gentleman has expressed the view today and on many other occasions that a crash-out Brexit would be against the terms of the Belfast or Good Friday agreement and this would cause many problems for the people of Northern Ireland. Does he equally believe that any attempt to legislate individually or separately for matters that should be within the ambit only of the Northern Ireland Assembly would also be outside the spirit of the Good Friday agreement?
I do not accept that. In the end, Northern Ireland is part of the United Kingdom. In the absence of governance for Northern Ireland, it is inevitable that there will be consideration here in Westminster of what that means for the people and the institutions of Northern Ireland.
I fully support what the hon. Lady says, because issues such as historical institutional abuse have cross-party support in Northern Ireland and in this place and would be quick and easy to deal with. That would bring justice to those people who suffered at the hands of institutions over many years.
I wholeheartedly agree with the point made by the hon. Member for Vauxhall (Kate Hoey). Other issues include the contaminated blood scandal, which is another issue on which there is cross-party support. It would not be controversial and could be done, but it is not being done; instead, people seem to want to pick at a particular crisis point that causes great anxiety and, indeed, great opposition across parties and across the community in Northern Ireland. Does the hon. Lady agree that some of the proposals and some of the amendments would result in really bad legislation on issues that people care passionately about?
I absolutely agree that it is important. We know from the emergency legislation on the renewable heat incentive that we passed in this place a few weeks ago that, when we rush through legislation and attach it to other pieces of legislation, it does not work out well. There is absolutely no scrutiny of what is happening in Northern Ireland. It is only the Northern Ireland Affairs Committee that is doing any scrutiny at the moment, so this is a case not just of who is passing the legislation, but of what scrutiny is happening to ensure that that legislation is effective.
Although from my perspective—as someone who comes from an Irish nationalist Catholic community in the south of Ireland—it would break my heart to see direct rule imposed on Northern Ireland, we cannot in all honesty let the current situation go on. The history books tell us about the civil rights movements in Northern Ireland in the ’60s when Catholic Irish communities fought for one man, one vote. We celebrated 100 years of women getting the vote, but the Catholic communities in Northern Ireland have only had a vote since the ’60s. They have one man, one vote, but no representation in this place and now no representation in Stormont. I would prefer that we were passing legislation in this place on issues that unite people, such as those related to contaminated blood and historical abuse—issues that make a real difference and that have a real impact on people’s lives.
I have already touched on the suicide strategy. Death rates from suicides have doubled in the 20 years since the Good Friday agreement was signed. Establishing a strategy would make a real difference and save lives. There is no mental capacity legislation in Northern Ireland, and yet, a few months ago, we replaced the existing mental capacity legislation here with updated legislation to protect healthcare professionals, who make difficult choices for people who have lost the ability to make decisions, and to protect the most vulnerable patients who no longer have the capacity to make decisions for themselves. In Northern Ireland, if a person lacks capacity, there is no legislation to protect them or their loved one, and there is no legislation to protect the healthcare professionals looking after them.
Then there is the issue of public sector funding. Time and again, we hear about health funding and about education. Teachers had to fight tooth and nail and almost had to go on strike because no one could make a decision about giving them a pay rise. We hear about the PSNI from the chief constable, who, from one month to the next, does not know if he has the budget to pay the wages of the staff. Two and a half years on, that is no way to be running a country. We must show some leadership here. We cannot keep kicking the can down the road when we know that parties such as Sinn Féin are using this as an opportunity to score political points. They have no intention of getting back round the table.
Apart from this legislation, I have three options for the Minister. The first is that we start to pass laws in this place that have cross-party support in Northern Ireland and in this place that can make a real difference to people’s lives. The second option would be to have an election. The longer that we leave the situation as it is, the closer we get to when the natural elections would be held. It is now two and a half years—three years in January. If an Assembly suddenly got up and running, they would have only a year and a bit to make any policies and to come to any decisions, so let us look at that as an option. The third option, and we have touched on it before in this place, is the Assembly of the willing. There are parties across the community that are willing to get back round the table in Stormont, form an Assembly and an Executive and start running the country. We seem to manage fairly well in this place without members of Sinn Féin taking their seats. I am pretty sure that the same would be true in Stormont. When there are MLAs from across the community and from parties such as the Alliance party willing to take their seats and willing to make those decisions, we should get them working. The only people suffering at the moment are not those of us here in this place, but the people of Northern Ireland. Whether we are talking about abortion, on which everyone here knows my views, equal marriage, the renewable heat incentive or air passenger duty, it is the ordinary people in Northern Ireland who are suffering every day that ticks by without an Assembly.
It is an honour to follow the right hon. Member for Belfast North (Nigel Dodds) —we agree on so many subjects. In my brief contribution, I will pick up on one particular theme that he raised.
I am sure that all hon. Members will regret that we are here today to debate this Bill, which extends, yet again, the time for forming an Executive in Northern Ireland. We had all hoped, when we debated a similar Bill last autumn, that the Executive and Assembly would be back in place by now. I hope that the Secretary of State will therefore give us an update on, as she said last year, the
“clear goal of restoring the devolved power-sharing Executive and Assembly.”—[Official Report, 6 September 2018; Vol. 646, c. 347.]
As that has not happened, this Bill is being brought forward with the stated—and limited—intent of safeguarding the continued delivery of public services, achieved by clarifying the powers of the Northern Ireland civil service to take certain decisions in the absence of Ministers.
Like last year, numerous amendments have been tabled to the Bill to raise important points about policy in the Province. The wide-ranging scope of the amendments reinforces the need for the Assembly to be back up and running as soon as possible, but as I said last year, this short Bill should not be about deciding on key devolved policy issues, which are more properly decided by the people of Northern Ireland and their elected accountable representatives. This Bill is very narrow in scope and that narrow scope should be respected. It is not a Bill that should be used to upset the devolution position. Will the Minister comment on that when he concludes? As the House of Commons explanatory notes say,
“It is simply a series of measures to continue to manage the current period without Northern Ireland Ministers.”
Is the hon. Lady aware of the briefing passed out this evening by the British Pregnancy Advisory Service, which indicates that the amendments tabled to the Bill are about usurping the powers placed in Northern Ireland and bringing them back here? It goes on to say that one amendment would force an oral statement to be made in the House of Commons that would normally be made in the Assembly.
I shall comment briefly on that and, if necessary, in more detail in Committee.
This House has agreed that many areas of law and policy should be devolved to the different countries that make up the United Kingdom. Devolution means we accept that we have differing policies in different jurisdictions, and how money is spent can differ between them. There are amendments tabled to the Bill that seek to allow Westminster to materially alter some sensitive areas of the law. I hope the Government will continue to argue that those are matters for Northern Ireland, as has consistently been the Government’s line to date. Will the Minister confirm that? In the debate in the other place on last year’s Bill, the former Lord Chancellor, Lord Mackay of Clashfern, said:
“the only statutory authority with authority to alter the statutes and statutory instruments is the Legislative Assembly of Northern Ireland and Ministers of that Assembly. There is no power whatsoever in the United Kingdom Parliament to interfere with that while it is devolved.”
That is the position we should uphold.
I am especially concerned about the amendments tabled to the Bill that seek to change the law on abortion in Northern Ireland. I will speak further to those amendments should they be selected for debate in Committee, although I sincerely hope they will not be, as they are out of scope. As Lord Mackay also said in that debate,
“The position is that abortion has been made a devolved subject.”—[Official Report, House of Lords, 30 October 2018; Vol. 793, c. 1233.]
I hope that the Members who tabled those amendments will consider withdrawing them before Committee tomorrow.
I do not personally believe that that is a burning issue compared with other issues in the nationalist community either, if we are honest about the discussions that we have with them. I was not going to mention this in my speech, but I will say it to the hon. Gentleman: when I was the shadow Secretary of State, I was very proud to have commissioned the Heenan-Anderson commission. Deirdre Heenan and Colin Anderson did a serious piece of work on tackling social injustice and inequality in Northern Ireland—the breeding ground of sectarianism and division. If Northern Ireland does not tackle the lack of social justice and the lack of equality, it will be the breeding ground for the alienated and disenfranchised younger generation. This was not a party political or ideological document. It is sad that no political party has seized on that document—which did not just identify the scale of the problem, but came up with some very practical, tangible solutions—and sought to engage with Deirdre Heenan, Colin Anderson and all the stakeholders in business and civil society who participated in that process to see whether some of its recommendations can be implemented.
Let me move on with my speech—I was recounting some of the factors that have caused the current stalemate. One that I do not think is mentioned often enough is the fact that the UK and Irish Governments have struggled to fulfil their honest broker role since 2010. Tory-led Governments in the UK have needed DUP support to govern, informally in the coalition period and subsequently openly in the form of a confidence and supply arrangement. This has had an impact not just on Brexit but on the willingness of the Westminster Government to apply any serious pressure on the DUP to compromise.
By the way, this is a very important point: I do not condemn the Government or the DUP for the relationship that they have developed. How could I, because this is precisely the relationship that the Labour party would have sought with the DUP had the right hon. Member for Doncaster North (Edward Miliband) emerged as the leader of the largest party in the 2015 general election? I know that better than anybody else because I was leading the work that would have made that possible. It is therefore somewhat hypocritical of Opposition Members when they criticise either the Government or the DUP for the nature of their relationship. Let us be clear about history: in 2015, the Labour party would have done exactly the same had the political conditions existed.
I thank the hon. Gentleman for his candour on the secondary point. Any party wanting to be in government would try to make such arrangements. We have to be fair to the Government though. They have not tried to use their position to get gains out of our support for the confidence and supply arrangement. In fact, it was steadfastly opposed—there has at times been a brick wall between our party and the Secretary of State and the Northern Ireland Office on issues that we wish we could have influence over. It is only fair and proper that that be on the record. The Secretary of State has kept herself completely away from those arrangements.
I echo the comments of my hon. Friend the Member for St Helens North (Conor McGinn) in paying tribute to my hon. Friends the Members for Vauxhall (Kate Hoey) and for Ealing North (Stephen Pound); the latter is sitting on the Front Bench. I have known him a very long time. I shall always be incredibly grateful for his support and enthusiasm in teaching me the power of the woggle, the necker and small children to effect great change in this country. He will be missed by many in this House, because he is a great friend of scouting.
I also pay tribute to the hon. Members for Belfast East (Gavin Robinson) and for Belfast South (Emma Little Pengelly) for setting out so clearly and emotively the passion that people feel at this time and for talking about it from a constituency perspective. Sometimes in this place people forget just how powerfully we feel, because of how we spend our lives. I hate it when people talk about politicians being out of touch, because we do nothing but be in touch, whatever political party we represent. We live, breathe and feel the frustrations of our constituents, and we are all here tonight because we feel their frustration that this piece of legislation was put forward six months ago as a temporary stopgap in the hope that progress could somehow be made. It was suggested that it was a necessary evil.
I am pleased that the Government have recognised that they should not try to suggest that this new piece of legislation is just a narrow, small change in the date, when what it is doing is extending those quite substantial powers to make legislation and change the law in Northern Ireland that were given six months ago on what was presumed to be a temporary basis. The Bill requires scrutiny; I particularly contest its powers around statutory instruments, which we know have been controversial in other areas of policy. Indeed, many of us have already sat on Statutory Instrument Committees about making direct change in Northern Ireland. We need to scrutinise not just the date, but the use of those statutory instrument powers. I am also conscious that the civil servants have said that they feel uncomfortable about the position they have been put in and about the fact that this legislation has been pushed through Parliament as an emergency measure, when, as people have said, we are now looking at three years without any change in the situation in Stormont.
I have been working on the Back Benches with colleagues in every other party—except the DUP at the moment—on these issues because we recognise that there are two sides of the coin. This relates particularly to the amendments that I want to support tomorrow. The human rights issues that they raise go to section 26 of the Northern Ireland Act 1998, which charged this place with the responsibility to uphold our international obligations, even when there was an Assembly in Northern Ireland. It is important for those of us who are proud of devolution, of being able to give power to people and of ensuring that they can exercise it, that we recognise the check and balance that this place provides in that process. Section 26 speaks precisely to that when it comes to human rights.
There is a specific definition of human rights. It is not about a single policy area; it is about a set of rules and obligations that we as the United Kingdom have signed up to for generations, and now find that we particularly need to uphold. This relates to a woman’s right to choose what happens to her body and to a person’s right to choose to marry who they love and have that recognised. Human rights speak to basic freedoms—not the freedom to do what we want, but the freedom to be who we are without feeling that that makes us second-class citizens. These are core freedoms that each of us has come into this place to uphold. They are issues on which we need to work together.
I understand the hon. Lady’s position, although it is very different from mine. Does she recognise that there is not a right to terminate an unborn life under the European convention on human rights?
I recognise that the hon. Gentleman and I are on different sides of this, but if he will forgive me, I will come to the international obligations that we as a country have signed up to that I believe are relevant in considering this Bill. This Bill allows for action in the absence of an Assembly, but it does not absolve us of our responsibility to comply with international obligations.
Let us be very clear. The reason why a woman in Northern Ireland who is raped, becomes pregnant and then seeks a termination faces a longer prison sentence than her attacker is because of the 1861 Act. It is because of that Act that, in November 2018, a mother faced a jail sentence because she sought abortion pills online to try to help her 15-year-old daughter, who was in an abusive relationship. This legislation is affecting the lives of UK citizens.
When these issues are not being dealt with due to the lack of an Assembly, and when the Government, who have sworn to fulfil these international obligations, are saying that we will just have a big exclusionary gap when it comes to Northern Ireland, what do we do as parliamentarians? We all swore to uphold the Good Friday agreement and joint equivalency.
Thousands of citizens in Northern Ireland have emailed their MPs in support of change. Thousands of citizens in Northern Ireland have said, “Please don’t make us wait anymore,” just as thousands have said they want the right to love whom they love, to marry them and to have that recognised. We know people want change, and we know that, in 2016, 70% of people in Northern Ireland said that no woman should ever go to prison for having an abortion, but that is the situation we are in. We know that 65% of adults in Northern Ireland—
I have listened, and I want to meet my obligation to not make a long speech—an obligation that we have all been trying to uphold this evening. I promise that I am coming to an end, and I have taken interventions.
Order. The hon. Lady has indicated that she is coming to the end of her speech, so do not continually ask her to give way; she is clearly not going to, and she is quite right to say so. Although there is quite a lot of time, we do have other speakers to fit in.
I promise to be brief, as a number of Members have done, Madam Deputy Speaker, and I hope we can get some points across. I am very disappointed that the hon. Member for Walthamstow (Stella Creasy), for whom I have a great deal of respect, even though we disagree passionately on this issue, did not want to give way and engage in a debate on some issues, because there are important facts that need to be put on the record. First, it is important to say that no woman has gone to jail in Northern Ireland on the issue that the hon. Lady so passionately raised—it has not happened. It does not happen. Lots of things are on the statute but do not happen. Women are not regularly taken off to jail and imprisoned on these issues in Northern Ireland. It might happen in other parts of the world but it has not happened in Northern Ireland.
The last time the Assembly debated the important and sensitive matter of abortion and abortion rights was in 2016, when 59 of the Members present—an overwhelming majority—did not want to change the legislation in the way that the hon. Lady has argued for and 40 Members did. A considerable difference in opinion existed but a clear majority were against the points that the hon. Lady passionately made and is rightly entitled to hold. Those points are not, however, supported across the community in Northern Ireland.
The one point I did raise with the hon. Lady, directly, in an intervention, was: is the right to terminate an unborn life a European convention right? Terminating the life of an unborn child is not a right, according to the European convention on human rights. People can wave other conventions, decrees and subsections of meetings that have occurred around the world involving other conventions and other groups, but the totem—the one we are all signed up to and the one that will stay in place after we leave the EU—the European convention on human rights, does not uphold this “right” or see the termination of the unborn life as a right.
The hon. Gentleman will know that our Supreme Court has determined that there is no general right to abortion, and in international law states are given considerable leeway about how they treat such matters. I could not reconcile any of that with a speech from the hon. Member for Walthamstow (Stella Creasy). I appreciate her passion, but passion is no substitute for sense.
The other point I wish to make is about what my constituents in Northern Ireland want. What do the people of Northern Ireland want? It is right and proper to say that the Labour party fought valiantly up to 2003 to get in place an agreement to ensure that the Northern Ireland Assembly would take crucial, key and tough decisions. I must say, there were times when we disagreed with how the Labour party went about it, but ultimately Labour signed off on agreements that allowed for that to happen. I am disappointed that those on the Labour Front Bench have now decided that on certain issues they can have a pick-and-mix approach to what the Assembly should or should not do.
Labour party Front Benchers should be steadfast, at one with and—if it is not too pointed to say this week, as we go into the marching season—in step with the Conservative party and the Government of the day when it comes to making sure that we do not break the established convention, which is that on these issues there is agreement that the Assembly in Northern Ireland should take decisions. The Labour party should not encourage otherwise or diverge from that by saying, “Well, on certain things that are contentious, or that we really like, or on which we are under pressure from our Back Benchers, we will support the notion that Parliament should legislate separately.”
There is a long list of priorities—it has been read out by other Members—many of which would be higher up list for the ordinary folk of Northern Ireland than some of the matters that people will raise tonight and tomorrow. We have to make sure that we have a consistent approach. We could say that we are going to have devolution and put all the energy and passion into that. The hon. Member for Walthamstow should put the same passion she has shown on this issue into encouraging the parties in Northern Ireland to get around the table, to get on with making that agreement and to bring governance back to the Assembly in Northern Ireland, because were that to happen, perhaps some of the pithy matters that have been put on the agenda in this House would be properly discussed and debated, and laws would be either upheld or altered and changed as the case may be—as the Assembly would want.
Let me go back to the question of what my constituents want. In a recent ComRes survey, 64% of the general population of Northern Ireland agreed that changing the law on abortion in Northern Ireland is an issue that should be reserved to the Assembly in Northern Ireland. That 64% is an overwhelming number of people who want the Assembly to take decisions on that matter. That is why I say again that the imperative should be that we encourage the parties, including my own party, to get on with resolving the outstanding issues.
Sixty-six per cent. of women in Northern Ireland, irrespective of social, cultural or political background, want the Assembly to make laws on these issues. They do not want this place to make those laws. More importantly, as other Members have remarked, they do not want this place to rush into making legislative decisions on Northern Ireland on a hop, skip and a prayer approach, which results in really bad law. They want really good decisions to be made and good law to be put in place. They do not want decisions that are rushed and that leave us with bad law, especially on the sensitive issue of the termination of human life.
What happens if, with a fair wind, good leadership and courageous decision making, we actually get the Assembly up and running again? The hon. Gentleman has given the statistics for those in Northern Ireland who are in favour of allowing the Assembly to deal with sensitive issues such as abortion and same-sex marriage. Will he explain to the House—it would be very interesting, particularly in advance of tomorrow’s debate—what the DUP’s policy will be on reforming abortion legislation in Northern Ireland to make sure that the 1,000 women who are forced to leave their own home country to go to England or Scotland for an abortion will have some of their rights delivered in Northern Ireland? What is the DUP’s policy on that if the Assembly is up and running?
As my cousin knows, I will always give way to her on other matters in these important debates, but seeing the look of consternation on the face of Mr Deputy Speaker, I fear that if I were to go into a separate analysis of our policy and how we would implement it and put in place a common assembly sometime in the future, he may call me to order. I would happily debate that point with the hon. Lady if she were to raise it at a later stage. I would do so even if she were to bring forward an Adjournment debate on the subject. I look forward to debating that issue.
The point that I did leave out in the hope that my colleague, the hon. Member for North Down (Lady Hermon), was going to intervene on me was this issue of bad law. I know that no one in this House—whether it is the hon. Member for Walthamstow or any other Member—wants to put in place bad laws, but sometimes the consequences of actions that we take lead to very bad laws. It may not be the intention, but it can ultimately be the impact. Certainly, the intention of some of the amendments that have been tabled would, in my view, really compromise matters relating to the sensitive issue of abortion rights. For example, they could lead to sex selection abortions in Northern Ireland, and they could lead to a massive increase in the number of abortions of disabled life. We could see problems arise where there is no proper management or scrutiny of where abortions take place. All these issues have been flagged up by a number of groups that have been looking at the problems that would arise if a quick solution were found, which does not exist, to a very difficult set of circumstances that pertain in Northern Ireland. We need to tread cautiously on this issue and not just think about brushing away some pieces of law and some protections that we have, because suddenly everything will be open to change, and that could be very detrimental indeed. The changes could also have an impact in England and Wales: if we were to create a set of circumstances where the laws in Northern Ireland would be so open to abortion, basically anything could go. We would then have a set of circumstances in which Northern Ireland would be well out of kilter on this issue with the Republic of Ireland where I understand that abortion will be limited to the first 12 weeks of pregnancy. We would have a situation where it could be right up to the point of birth in Northern Ireland. That would be absolutely terrible and something that is clearly not the desire or the intention.
I accept that it is not the intention of the hon. Lady, but it is the point that has been put forward on a number of occasions by experts on these issues.
I appreciate that we are veering into matters that should probably should be debated in detail tomorrow. As it currently stands, the Abortion Act 1967 bears no resemblance to what is actually happening with abortion today in the United Kingdom. It is really down to demand, and that was never the intention of the 1967 Act, according to those who were involved—I am talking about David Steel and others who brought the Act forward in the first place.
I thank my hon. Friend for his intervention.
Let me turn now to some of the other points that have been raised in the debate. I am glad that the Chairman of the Select Committee, the hon. Member for North Dorset (Simon Hoare), is still in his place. First, let me congratulate him on his assumption of that role. I have, so far, enjoyed his chairmanship of the Committee and we are getting into some really meaty stuff. He has been excellent in terms of encouraging the Committee to get out reports. I think that we have published two reports under his chairmanship already. That is, of course, very good. [Interruption.] He may as well take the bouquets now, because brick bats might come at any point.
However, I was very disappointed with the Chairman of the Select Committee’s analysis of the border poll issue. I do not believe that we are anywhere near the point that Northern Ireland should either have a border poll or that the opinion is so close in Northern Ireland that it would deserve a border poll. Indeed once again, the Belfast agreement lays out the terms and conditions for having a border poll: the Government must have tangible evidence to show that the overwhelming weight of opinion is that a border poll would be successful. That is not the case; it is nowhere near the case. Even the analysis of the most difficult elections that Northern Ireland has been through shows that that is not the case, but there is a majority across both sections of the community to retain the link with the United Kingdom. To give way on that or to concede that point only encourages people who have the worst interests at heart for Northern Ireland and not the best interests. I certainly encourage the Chairman of the Select Committee to review his position on that and to consider whether he can analyse that situation differently and see from the evidence that there is not a wind of change in that direction. Yes, there is lots of talk about it, but it is from people who do not really care about the Union, never have cared and really have not changed. Gerry Adams has now been put in charge of the border poll issue; he did not have much success in the past 30 years in achieving any of his big goals and he will not have much success in achieving that goal either.
Those are the points that I want to leave before the House tonight. I look forward to the debate continuing and, indeed, to tomorrow’s debate.