Northern Ireland Budget Bill

Jeffrey M Donaldson Excerpts

2nd reading: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 13th November 2017 Commons Chamber

[The Secretary of State for Northern Ireland (James Brokenshire)]

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

Before I explain the details of the Bill, let me make some brief comments about events that took place yesterday. People who are intent on killing and harming others left a small but lethal bomb in Omagh before the Remembrance Sunday commemorations. Their actions stand in stark contrast to those of the brave men and women whom the community were gathering to honour—the men and women from all backgrounds who made the ultimate sacrifice to allow us all to live in a democracy.

I pay tribute to the work of the Police Service of Northern Ireland and others who dealt with that incident. I think that it underlines the continuing level of threat that we face, but, equally, what a repugnant and appalling act this was, taking place on Remembrance Sunday when people were gathering to pay their respects in the traditional way. I am sure that all Members on both sides of the House will condemn it utterly. If anyone has any information about the incident, I strongly urge them to do what they can, and bring it to the attention of the PSNI so that it can be pursued with all rigour.

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

My colleagues and I echo the Secretary of State’s comments about the incident that took place in Omagh yesterday. In view of what happened at Enniskillen in similar circumstances, with tragic loss of life, perhaps the most effective action that can be taken at this time is the publication by the Secretary of State of the proposals to deal with the legacy of our troubled past, which would enable the victims to have a say in the process and enable us to get on with the business of seeking to bring to justice those responsible for that atrocity. I think that that is a very powerful message that the Secretary of State could send in the wake of what happened in Omagh yesterday.

[James Brokenshire]

I am grateful to the right hon. Gentleman for making that point, and for drawing attention to the incident that took place in Enniskillen 30 years ago, when 12 people lost their lives in an appalling bombing. I was in Enniskillen yesterday, as I had been on Wednesday, to remember and to mark the 30th anniversary of that appalling incident. I know full well the pain, the hurt and the suffering that many people still feel. Yes, many look for justice still to this day, and it is a matter of great regret that no one has yet been brought to justice for that appalling incident. I also note the equally strong feelings among many for reconciliation and the need for us to continue to work to bring communities together.

The right hon. Gentleman highlights the issues around the Stormont House legacy institutions. I want to progress that through to a public consultation, as it is the most effective way in which we can seek real focus on how to move forward and see those legacy institutions come into effect. I am not able today to confirm the timing of the publication of that consultation, but I want to get on with it. I know that the victim groups want that, and I take the point that the right hon. Gentleman has made very clearly and firmly.

Turning to the Bill, as I set out for the House a fortnight ago, it is now nine months since there has been a properly functioning Executive and Assembly. Despite the tireless efforts over the past 11 weeks—the most recent phase of the talks—the parties have not yet reached an agreement that would enable a sustainable Executive to be formed. In bringing the parties together for this most recent phase of the political talks, I have sought to help both the Democratic Unionist party and Sinn Féin to bridge the gap on a small number of outstanding matters, including language and culture, as well as on issues in relation to the continuing sustainability of the Executive. In doing so, I have worked closely with the Irish Government in accordance with the well-established three-stranded approach. I remain prepared to bring forth legislation that would allow for an Executive to be formed should the parties reach an agreement.

My strong preference would be for a restored Executive in Northern Ireland to take forward its own budget, so I am introducing this measure today with the utmost reluctance and only because there is no other choice available. Let me be clear: the passage of legislation to set a budget should not be a barrier to negotiations continuing. However, the ongoing lack of agreement has had tangible consequences for people and public services in Northern Ireland, for, without an Executive, there has been no budget, and without a budget, civil servants have been without political direction to take decisions on spending and public services in Northern Ireland.

I want to pay particular tribute to all those who have been engaged in the civil service seeking to manage the current events. The Northern Ireland civil service has demonstrated the utmost professionalism in protecting and preserving public services throughout these difficult times, and I wish to put on record my recognition of the work it has been doing.

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[Emma Little Pengelly (Belfast South) (DUP)]

rose—

[Sir Jeffrey M. Donaldson]

rose—

[James Brokenshire]

I will give way to the hon. Lady, because I have already given way to the right hon. Gentleman.

[James Brokenshire]

I welcome the insight and experience that the hon. Lady brings to this House from her time in the Assembly and from her contribution to politics in Northern Ireland. She and I had discussions on a range of issues during that time.

The point is that we do not have a budget in place, which is why we are having to take these steps today to ensure that the necessary financial stability is provided to the Northern Ireland civil service in the absence of an Executive, an Assembly and functioning devolved government. I am sure that various different political points can be made, but my focus is on seeing that we get the Executive back in place, and I encourage all parties, with renewed focus, to see that discussions continue and that we actually get the resolution that I believe Northern Ireland would like to see.

[Sir Jeffrey M. Donaldson]

The Secretary of State speaks of frustrations. The difficulty is that this is not just a matter of budgets for Government Departments. Earlier today he met some victims and survivors of historical institutional abuse in Northern Ireland. They are waiting still for the implementation of the inquiry’s report, which makes a number of recommendations, including on the payment of compensation to support those victims. The problem is that we have no one to give political direction on the Hart report. Will he commit to intervening to deal with the issue? The victims deserve that intervention.

[James Brokenshire]

I am grateful to the right hon. Gentleman for highlighting the real life impacts of historical institutional abuse. It is not some sterile debate on numbers. A whole range of decisions have not been taken. Impacts are being felt across Northern Ireland by public services, by the voluntary and community sector and by victims and survivors of incidents of the past.

I acknowledge the strength of feeling on the issue of historical institutional abuse—the inquiry reported earlier this year—and not just the frustration but the pain and hurt felt by those who want a response to the Hart inquiry’s recommendations. The lack of an Executive has meant that there has been no formal response. Obviously, it was the Executive who commissioned the report, and it was intended that the inquiry would report back to the Executive for their response.

I have met SAVIA, which advocates for survivors and victims, and I met it again in July 2017. I firmly recognise the points it raises. However, this remains a matter for devolved government in Northern Ireland. I understand the huge frustration, which is another significant reason why we need to see devolved government restored. This issue remains a firm priority.

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[Owen Smith]

I am encouraged to hear the hon. Gentleman remind the House of his support for devolution. I remind the House that the DUP has always strongly supported devolution, even in periods when some in Unionism were less keen on the prospect of devolution. History is important in all this.

The question for us, therefore, is how we see devolution restored, and there is a question here for the Secretary of State. It is not a matter of blame but a statement of fact that we are almost 11 months on from the collapse of the Northern Ireland institutions: 11 months of dialogue, largely behind closed doors, between the two largest parties, Sinn Féin and the DUP, which has come to nought; 11 months, effectively, of banging our heads against a brick wall and failing to make substantive progress. The Secretary of State will tell us we have made progress, but people in Northern Ireland want to know where it is, because it has not been spelled out to them—or to me—at any point over the past 11 months. It is clear that what we have been doing repeatedly over those 11 months has not being working, and there is no reason for us to assume that it will be 12th time lucky.

The question for the Secretary of State, therefore, is what is he going to do differently—not what is he going to do the same as he has been doing for the past 11 months —to take this process forward? My colleagues and I would like to urge him to do some specific things and to consider some extra ways in which he can take the process forward. We do so built on the experience we have with our proud record of helping to facilitate breakthroughs in devolution, including the establishment, of course, of the Good Friday agreement and all the institutions that stem from it.

I urge the Secretary of State, first, to set out a road map for how he is going to get the institutions back up and running and how he is going to provide us with some clarity on the steps he plans to take over the next few months. Keeping us in the dark and, out of thin air, having a series of meetings behind closed doors between the two parties is not working and is not delivering a breakthrough.

Secondly, and most importantly perhaps, will the Secretary of State consider the prospect of an independent chair to come in to help to give new energy and impetus to the talks? Labour Members know that that was incredibly important as a vehicle for taking things forward. Indeed, I think that it is true to say that without Senator George Mitchell, in particular, we might not have seen the Good Friday/Belfast agreement—that is how important independent eyes have been in this process. If he is not prepared to learn from the experience of George Mitchell and others, such as my right hon. Friend Lord Murphy of Torfaen, why not? Why are we not considering that step, because it has worked in the past and should be considered in the future?

[Sir Jeffrey M. Donaldson]

As a veteran of many talks processes, I urge caution on the part of the hon. Gentleman about the idea that an independent chair would be a panacea in resolving these issues. That has not been so in the past—I have sat under independent chairmanships —and it is unlikely to be so now. In fairness to the Secretary of State, the current impasse is not of his doing. Other parties really do need to step up to the mark and show their commitment to devolution in Northern Ireland. In that respect, the DUP will not be found wanting.

[Owen Smith]

The right hon. Gentleman is right, of course, that the Secretary of State is not exclusively—or, indeed, primarily—responsible for the impasse. That is down to the political parties in Northern Ireland that have failed to come to an agreement—that, too, I am afraid, is a statement of fact. The right hon. Gentleman is also right that independent chairs have not always taken things forward. As he will know, the Haass talks, for example, were an attempt to get someone with experience of making progress in Northern Ireland to do so again, but that failed. However, there are other instances from the past. George Mitchell, the example that I cited, was important in taking things forward, as indeed was Richard Haass in his first incarnation in Northern Ireland.

[Sir Jeffrey M. Donaldson]

I appreciate the point that the hon. Gentleman is making. However, we have indicated, in our willingness to break the current impasse, that we would form an Executive today and continue the negotiations in parallel. The problem is not that the DUP is holding back the formation of an Executive; it is that Sinn Féin refuses to form an Executive until its demands are met. There is a clear difference, and the hon. Gentleman does a disservice to the talks by failing to make that distinction.

[Owen Smith]

I am not sure that that is entirely fair. As I said, in the absence of a nationalist voice in this House, we need to make sure that we seek fairly to represent both sides of the debate. The nationalists have argued that an aspect of the current impasse is the failure to make progress on the issue of the Irish language, and in particular on a stand-alone Irish language Act.

[Sir Jeffrey M. Donaldson]

rose—

[Owen Smith]

If the right hon. Gentleman wants to tell me that we will make progress on that and that the prospect of a stand-alone Irish language Act is on the cards, that would obviously be a breakthrough, but I am not sure that he is going to do so.

[Sir Jeffrey M. Donaldson]

What I am going to say to the hon. Gentleman is that for me and my constituents, health and education are far more important than the Irish language. They want our Assembly Members back in there taking decisions while they work through outstanding issues such as the Irish language.

[Owen Smith]

I would not disagree with that. I am sure that that is the view of constituents from all parts of the community in Northern Ireland. It is certainly a reflection of what I hear from constituents from all parts of Northern Ireland.

I say to the right hon. Gentleman, to his party and to the Secretary of State that this perhaps illustrates that we are not making a breakthrough by simply relying on dialogue between the two major parties. Those parties clearly have a mandate—a commanding mandate—in Northern Ireland, but they do not have a veto on the process, so one of the other options that the Secretary of State should be considering is roundtable talks. Such talks have also been difficult. They have sometimes been unwieldy and sometimes very, very problematic, but they have also been the reason for breakthrough. They have been points at which pressure and public scrutiny have been brought to bear. They have allowed the smaller parties to have their say and, perhaps more importantly, to bring in their ideas and put pressure on the other parties. I urge him to consider whether roundtable talks could have the role in the future that worked in the past.

Thirdly, such roundtable talks have worked particularly well when the authority and power of the office of the Prime Minister has been brought to bear to try to bring about a breakthrough. Whatever power and authority the current Prime Minister might have—some might think that she has a little less than some previous incumbents in the role—she should be deploying every last ounce of it to try to achieve a breakthrough. We are often told that she still persists in her difficult role at this difficult time because she has a great sense of duty and public service. I can think of no greater public service that she could do right now than serving the peace process in Northern Ireland by intervening personally —getting her hands dirty—to try to bring about the breakthrough that we all so desperately require. If she will not do so—if she persists in having only long-distance telephone calls, which, as I have said, I fear are neither use nor ornament in this process—why not? Why will she not invest more of her time and effort in trying to bring about a breakthrough? If this Government are so paralysed by the debacle that is Brexit that they cannot deploy their Prime Minister, it says something pretty damning about them.

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[Owen Smith]

I think that people in Northern Ireland will not understand why their Prime Minister—the Prime Minister of Great Britain and Northern Ireland—seems so distant from this process. I cannot understand why she is not getting stuck in. I think she ought to, and I think the Secretary of State should urge her to.

If the Secretary of State fails, and if the other avenues that I propose do not work, he needs to start spelling out what he is going to do. DUP Members have stressed that they want him to spell out when he is going to introduce direct rule Ministers. If he does that, he will also need to spell out what he is going to do to try to keep the institutions alive, to allow such things as the north-south arrangements to persist and to be properly served, and to enable proper input from the Irish Government during direct rule. That needs to be considered so that the spirit as well as the letter of the Good Friday agreement is adhered to.

I point the Secretary of State to the experience of the previous Labour Government in the period before d’Hondt had been deployed and before we had Ministers and an Executive in Northern Ireland. In 1999, a budget was given to the Northern Ireland Assembly by the then Minister, of whom questions were asked beforehand. The Secretary of State could perhaps deliver the next iteration of this budget in April to a shadow Assembly so that he could be properly scrutinised, with people with a really detailed understanding of the minutiae asking him the correct questions. I think that that would be a step forward.

Let me make some suggestions about the priorities that the Secretary of State should have in the event of his failure to bring into being the new institutions. First, he should consider the victims of historical institutional abuse in Northern Ireland, some of whom are sitting in the Gallery tonight. This is a desperate state of affairs. Just two days after the Hart report came up with clear recommendations, the Assembly collapsed. The victims have sat for 10 months without any progress being made on those recommendations. I put it to the Secretary of State that there is widespread agreement across the parties about the way forward, particularly in respect of the notion of an interim payment for the victims. I cannot understand why he will not deploy all his best efforts to bring about quick action. As I have said, David Sterling has indicated in an email to the victims today that he wants to act quickly. I urge the Secretary of State to support him in doing so.

Secondly, may I ask the Secretary of State to consider the plight of another group of victims in Northern Ireland: the victims of the troubles? He will know that there has been a very live debate about the notion of a victims’ pension for the 500 or so people who are most mentally and physically scarred by the troubles. There is political disagreement about whether we can afford to allow that to capture a few people who were injured, as it were, by their own hand. That is controversial in Northern Ireland, but I think there is a moral imperative to look beyond the political difficulty. If the Secretary of State is in the position of being a direct ruler, I urge him to act on that moral imperative and provide a pension for all victims of the troubles in Northern Ireland.

[Sir Jeffrey M. Donaldson]

I understand where the hon. Gentleman is coming from, but if the Secretary of State were to act on the hon. Gentleman’s advice about a pension for people who injured themselves by their own hand, it would be met with absolute dismay by the innocent victims in Northern Ireland. They would not be able to understand or countenance the use of taxpayers’ money to pay a pension to people who went out to commit murder. That would simply be wrong.

[Owen Smith]

I understand the right hon. Gentleman’s point—indeed, I mentioned the political disagreement. Equally, however, many victims on all sides of the troubles find it difficult to accept that the actions of a few people who injured themselves by their own hand should hold up the process for all victims—including the many hundreds who are innocent—and preclude them from getting the pensions that they need to support themselves, especially as they get older and more infirm. I understand his point, but a moral argument needs to be made. Perhaps it will take a period of direct rule to introduce that argument.

Thirdly, may I raise something else that I suspect will prompt some interventions: the so-called moral issues in Northern Ireland, particularly equal marriage and abortion rights? Those two areas are incredibly divisive, complex and politically parlous, but I urge the Secretary of State to think hard about them, not least in the light of the referendum that is being held in the Republic. He needs to think about how he might consult in Northern Ireland so that progress is made on those important issues.

One of the greatest tragedies of the recent period of impasse in Northern Ireland is that Northern Ireland does not have a voice on the thorny issue of Brexit and the border. Northern Ireland is likely to be strongly affected by Brexit economically, socially and politically, and perhaps even in terms of the peace process. It is tragic that Northern Ireland has remained voiceless throughout the process. I fear that the Government have engaged in reckless gunboat diplomacy on Brexit, and although the Northern Ireland Secretary voices platitudes about not wanting a hard border on the island of Ireland—we all support that view—he has unfortunately not proposed any substantive ways of preventing that from happening—[Interruption.] He says that that is nonsense. If he wants to stand up and tell us exactly how he will prevent the introduction of a hard border on the island of Ireland, I will be pleased to take that intervention, because I have heard nothing substantive from the Government.

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

I commend my hon. Friend the Member for Belfast South (Emma Little Pengelly) for setting out so clearly where we are. I shall not focus so much on the detail of the budget, but on the circumstances that have conspired to bring us to where we are this evening.

I must say to the Secretary of State that I have listened carefully to what he has said, and he is someone I admire, and his patience and resolve are undoubted, but it concerns me slightly, as a British Member of Parliament representing a British constituency in Northern Ireland, that some seem almost apologetic that this sovereign Parliament is taking decisions that affect the British citizens I represent in Northern Ireland. We should not apologise for that. It is through the fault of others who have negated their responsibility that we have been brought to this point.

I served in the Northern Ireland Assembly and in the Executive. The decision by the Democratic Unionist party, which I am proud to represent, to go into government with Sinn Féin was probably the most difficult political decision I have had to make in my political career. It was a challenging decision to go into government with a party that I knew had members who were responsible for the planning and perhaps even the carrying out of the murder of members of my family, people with whom I had served in the Ulster Defence Regiment, friends I had grown up with and neighbours. Yet I and others were willing to set that aside in the greater interests of Northern Ireland—for the next generation, the young people. We were prepared to set that aside and say, “We’ll give this a chance.” I have watched Sinn Féin squander that chance. Yes, there are issues and difficulties that have led us to where we are now, but what are they when set alongside the history of Northern Ireland and its troubled past?

We are now in a situation in which we in this House must take decisions that really should be taken by the devolved Assembly and Executive. I regret that. I am a devolutionist and believe that government is best served and delivered when it is close to the people, which is why I want to see Stormont functioning for my constituents of Lagan Valley. We cannot continue with this impasse indefinitely. We cannot continue with the situation in which that democracy and that government are not being delivered. They are not being delivered because one party—potentially a partner in the Government of Northern Ireland—refuses to deliver it, refuses to take up its responsibility, and refuses to sit down with the rest of us.

If Sinn Féin members find it difficult to sit down with my party, they need to understand that we find it difficult to sit down with them, but we are prepared to do so in the interests of the people whom we represent. In the decisions that we have taken in our confidence and supply agreement with the Conservative party, we have demonstrated time and again a willingness to act in the greater interest, to set aside partisan advantage and narrow issues and to act for the greater good.

We cannot go on indefinitely like this; we cannot go on indefinitely with Government Departments in Northern Ireland having no political direction. It is simply unfair on the senior civil servants in Northern Ireland. It is unfair on those Departments that they do not have that political direction. As my hon. Friend the Member for Belfast South has said, this is literally costing people their lives. Decisions are not being made on interventions that would help people in desperate need of healthcare, and yet those people are waiting, waiting and waiting. The political decisions that are required are not being made.

There is, I suspect, a reluctance on the part of the Secretary of State and his colleagues to go any further than we are going tonight on direct rule. He has been at pains to say that this is not the first step towards direct rule. I understand where he is coming from. I understand the reason for the reluctance, but I say to him that I know the psychology of Sinn Féin. When we say to its members, “Don’t worry, we are not pushing towards direct rule,” does that encourage them to think, “Well, the Government aren’t going to take on their responsibility, so we will hang out a big longer, a bit longer and a bit longer”? Does it incentivise them to take on the responsibility that the people elected them to take on when we say, “Well, actually we are not moving towards direct rule.” It is not that we want to move towards direct rule, but Sinn Féin must face up to the reality, and the reality is that we cannot continue in a vacuum.

It is wrong that a part of the United Kingdom tonight does not have the political direction that the people expect and require and that my constituents deserve every bit as much as those who are represented by the party of the Secretary of State. We cannot sustain this position indefinitely—or even in the short term. There are too many crucial decisions, and too many lives that depend on those decisions, not least those of the victims of historical institutional abuse.

Earlier, I mentioned the victims and survivors of our troubled past who have been waiting for years for the establishment of institutions that will examine that past in more detail and that will enable those victims and survivors to go some way towards getting to the truth and gaining access to justice. Is it not cruelly ironic that the victims of the IRA are being prevented from having access to justice by the political party that supported the violence of the IRA for years? Where else would such a situation be tolerated? It is unacceptable.

Efforts are being made, and we will continue those efforts on these Benches—the DUP will redouble its efforts —to get agreement, but the Secretary of State needs to publish the proposals on legacy. He needs to put down a marker and say, “We’re going to wait but we won’t wait forever.” Let the public, the victims and survivors have their say on legacy issues. Let us get those proposals out; there is no good reason for delay. The Government need to act in taking the necessary measures and decisions —not because we want to wrong-foot others, but because it is what the people need and require, and it is what is in the best interests of everyone in Northern Ireland.

This budget is welcomed and the decisions that will flow from it are good and will be beneficial for many people, but we cannot continue with this impasse. The House must send a clear message this evening to the political parties in Northern Ireland, especially to Sinn Féin. If they are not prepared to step up to the mark, to take on the responsibility now and to start governing, this Parliament will do that job on behalf of the people of the United Kingdom and it will ensure that the people of Northern Ireland are provided with the political direction that they require within their Government Departments. There are people in this House who are prepared to step up to the mark and to play their role in supporting the Government in taking that forward, although we do so with some reluctance, because it is not our preferred outcome. Our preferred outcome is a functioning Executive; it is power sharing.

I find it rather ironic that I, as a Unionist, am the one in this House advocating power sharing in Northern Ireland, when for years it was the nationalists who told us that this was their key and core demand. And when it was delivered and they got it, what did they do? They walked out. They left. They abandoned power sharing. That leaves me wondering about the level of commitment. Are we in a situation where there are some who want to make Northern Ireland work, and others who conspire against making it work? Their credentials are on the line. I say to them, with the greatest of respect, that the DUP wants to be in government and we want to work with others, including Sinn Féin, to deliver for the people we represent. We are prepared to go into government today—no preconditions and no red lines. Let us get on with it. But this House has to send a clear message that if Sinn Féin is not prepared to do the same, this House is going to govern for the people of Northern Ireland.