Northern Ireland (Executive Formation and Exercise of Functions) Bill

Jeffrey M Donaldson Excerpts

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

[Karen Bradley]

I do not see this as a deadline as such; I see it as a date by which a decision will have to be taken on whether an election is called. The hon. Lady will be aware that the date is around the time when purdah starts for local elections. She will know very well that there are local elections in Northern Ireland next May. The date was chosen with that in mind, because clearly once a local election campaign starts, political parties focus on campaigning. She will know that we have had stable devolved government in Northern Ireland, but for most of the last 10 years, we have had a hiatus; that is far too long, and that is not right for the people of Northern Ireland. It is not what they deserve. I am trying to put in place, through the Bill, the best conditions to allow those talks to recommence, and to enable us to get an Executive in place. The date was chosen after consultation with all the main parties and the civil service of Northern Ireland.

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

The Secretary of State has made several references in her speech so far to the political hiatus. Does she agree that the reason we do not have a functioning Executive and Assembly is that out of the five political parties in Northern Ireland eligible to be in the Executive, four—the Democratic Unionist party, the Ulster Unionist party, the Social Democratic and Labour party and the Alliance party—have all said that if the Secretary of State convenes a meeting of the Assembly for the purpose of appointing Ministers, they will be there and will appoint their Ministers immediately and without precondition, but one party, Sinn Fein, has declined to give such an undertaking? Should we not be honest with the House, and instead of blaming all of the political parties, put the focus where it belongs, on the people who do not take their seats here, who do not take their seats at Stormont and who are outside, looking in? They are the people denying Northern Ireland its proper democratic Government.

[Karen Bradley]

I do not want to provide a running commentary on the talks I have had with parties since the talks broke down in February between the two main parties. What I would say is that I have heard a willingness from parties that they want to get back into Government. That is why I believe that the best thing for the people of Northern Ireland is that we give those parties the chance to get back into devolved Government and provide the best conditions to enable that to happen—and the Bill is part of achieving that. It is important that we use this time and the powers in the Bill to ensure that public services continue to be run and there is no distraction from the parties coming back together and forming a Government.

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[Karen Bradley]

I know that the hon. Lady feels strongly about that matter and she has raised it in the House on several occasions. It is not a three-month delay: I made the statement on 6 September. She will understand that issues need to be dealt with, including notifying MLAs of my decision to cut their pay and changing the payroll arrangements. As I said in September, the November pay cheques were the earliest opportunity to cut the pay, so the pay cheques that will be delivered next week will include the pay cut. The next pay cut will be in January, if we have been unable to get the Assembly and Executive reconstituted by then.

[Sir Jeffrey M. Donaldson]

Although I fully understand and appreciate the point made by the hon. Member for North Down (Lady Hermon), I appeal to her to understand that at the end of the day these are people with families. Yes, I understand the public ire at the lack of an Assembly, but most of the Assembly Members are not functioning there properly through no fault of their own. As I explained to the House, it is the actions of one political party in Northern Ireland and its army council—its illegal army council—that are holding the people of Northern Ireland to ransom. It would be nice just for once to hear the hon. Lady call them out for that, instead of labelling in such a way all 90 Members of the Assembly, many of whom are innocent of the charge that they do not want to make progress in Northern Ireland or do their job fully. We treat them unfairly when we label them all in the same way without calling out the people who refuse to do their jobs and sit outside; the majority of Assembly Members want to work full time and do the full job. Of course, the House has taken the decision to cut their pay and we support that, but there are practical issues. They and their families need proper notification. When she makes these points, the hon. Lady should not just put the blame on everyone.

[Mr Speaker]

Order. Before the Secretary of State responds, let me say this in good humour, if I may. The hon. Member for North Down (Lady Hermon) and the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) are themselves so unfailingly courteous to colleagues and, indeed, to everybody, that it is really very difficult to get annoyed with them—and I am not. I hope, however, that they will take it in the right spirit if I say that in respect of both of their “interventions”, the erudition was equalled only by the length.

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[Nigel Dodds (Belfast North) (DUP)]

rose—

[Sir Jeffrey M. Donaldson]

rose—

[Gavin Newlands]

I am going to make some progress, and then I will come back to the right hon. Members.

The people of Northern Ireland have spent too long in limbo. As we have heard from both Front Benchers, key decisions have to be made and functionality must be restored. The people of Northern Ireland deserve better than this. The Scottish National party, like most Members of this House, firmly believes that new talks must be established immediately to restore the Executive and Assembly. The Secretary of State has to come off the bench on this and be much more proactive, not in legislative terms—we see that today—but in leadership. Along with Irish Government counterparts, she should be working night and day to initiate a new round of inclusive talks. With the UK Government totally distracted by Brexit and internal party infighting, I say again that an independent mediator could and, if no early progress is made, should be brought in, so that progress can be made for the sake of good governance in Northern Ireland.

Nothing must be done to undermine the Good Friday agreement, so this piece of legislation must be temporary. Given the five-month extension the Government have built into the Bill, and from conversations I have had with Members from all communities, it seems to me that there is consensus that Stormont may not get back up and running until September, following the council elections and the marching season. That is almost another full year from now, and for me and many other Members of this House that is a matter of real regret.

There is general consensus, on all sides, that this Bill has, sadly, become necessary, but there are also concerns that having to legislate at all is potentially a slippery slope and a situation that must not be allowed to drift or be extended beyond what is absolutely necessary; a political vacuum must not become the new normal in Northern Ireland. I am relieved that the Government have conceded that their Henry VIII powers in clause 4 were not justifiable, and have heeded the concerns of the House of Lords report and tabled amendments so that the affirmative procedure is used instead.

Amid ongoing austerity, the absence of decision making is straining Northern Irish public services. Decisions are urgently required to provide direction and funding to vital services. As we have heard, current conditions are placing particular pressures on health and education, which are among the most important services a Government can deliver. The collapse of the Executive and the subsequent failure to deal with the situation has also placed great stress on the civil service in Northern Ireland. Direct rule can never be countenanced, but as the shambolic Brexit process is a central reason for the ongoing crisis, the UK Government have a responsibility to ensure talks progress swiftly. The chaos within the UK Government must not be used as an excuse for the lacklustre attempts since February to re-establish political institutions in Northern Ireland. After all, this is not just about public services and appointments; it is about protecting and maintaining the peace process.

I do not want to be accused of scaremongering or of attaching more significance to this than it warrants, but yesterday the first report of the Independent Reporting Commission was published and, although there were clearly parts we can all welcome, the commission is clearly concerned about the impact of the ongoing political impasse. The report praises all those in the public, voluntary and community sectors who are working to tackle paramilitarism, but it says that the absence of political leadership has been a significant impediment to that task. It also notes that in the absence of an Assembly, new powers, such as unexplained wealth orders, cannot be introduced, and that any change in the current regime for managing paramilitary prisoners cannot be considered in the absence of a Justice Minister. I sincerely hope that in reading that report the Secretary of State has been given a renewed sense of urgency on talks.

I turn back to Brexit, as it is wreaking havoc on every aspect of politics in these islands. The broader instability caused by Brexit is a central reason why it has proven so difficult to restore the devolved institutions in Northern Ireland. There are many reasons why the Executive and the Assembly collapsed, but it is Brexit, the elephant in the room, that is prolonging the concerning political vacuum. I remind colleagues across the House that March is quickly approaching and we still have no confirmation of plans to extend the period for withdrawal. The threat of a new border becomes closer by the minute.

Northern Ireland is the central conversation in the Brexit talks, so it is vital that its voice is heard. As we have heard so eloquently, in June 2016 Northern Ireland voted by 56% to remain in the European Union, as 62% of Scots did. The Government continue to try to ignore Scotland—will they also ignore the people of Northern Ireland? If the UK Government plough on with a no- deal hard Brexit, they will wreak further havoc on the businesses, public services and entire economies of all within the UK. That is nothing short of economic vandalism of the highest order.

As we have seen from reports, Northern Ireland will be hit hardest by a disastrous no-deal scenario. This month, business leaders in Northern Ireland have warned that a no deal must be avoided at all costs. According to the Government’s own figures, crashing out would shrink the Northern Irish economy by 12%. The Director of CBI Northern Ireland has warned that this would be the equivalent of another financial crisis. This would be a dramatic hit to GDP inflicted upon the people of Northern Ireland despite their vote to remain.

We in the SNP want to see stability, and strong and inclusive economic growth in Northern Ireland. We want to see Northern Ireland grow, so that public services, businesses, families and individuals can prosper. After all, not only is a prosperous Northern Ireland good for all who live there, but it is in the interests of Scotland, and indeed of England, Wales and our friends across the European Union. The twin threats of a new border and massive economic damage can be easily removed if the UK pursues a policy of staying within the European single market and customs union; there would be no need for new economic borders across land or at sea. Trade and relationships, business or personal, would continue to flourish between Northern Ireland and the Republic of Ireland, and beyond.

In a blatant attempt to wreck any agreed backstop in Northern Ireland, the European Research Group cynically tabled reckless amendments to this legislation. The hon. Member for Wycombe (Mr Baker) subsequently withdrew them on Monday, saying that it would not be in the “public interest” to attach them to emergency programming. Perhaps for the first time I find myself in agreement with him and his ERG colleagues, but I would go further and suggest to him that his group and its entirely regressive aims are not in the public interest, and the less we hear from them, the better.

I remind Members that in December last year the UK Government agreed the need for a backstop in the first phase of negotiations with the EU, so they must stay true to their word.

[Gavin Newlands]

I appreciate the intervention from the Secretary of State, whom I am sure had to urge the hon. Member for Wycombe to withdraw the amendments for that reason. The simple fact is that they should never have been tabled in the first place. In order to protect the Good Friday agreement, Northern Ireland must achieve a special relationship with the EU. The SNP will never support wrecking amendments designed to undermine the backstop and, thus, undermine the Good Friday agreement. Just last week, the First Minister of Scotland said:

“we fully support the Good Friday Agreement and the maintenance of an invisible border. And so the Scottish Government will do nothing to stand in the way of Northern Ireland achieving a special relationship to the EU, if that is what is required.”

[Sir Jeffrey M. Donaldson]

Like the right hon. Member for Broxtowe (Anna Soubry), a majority of my constituents voted for Brexit. They do have a voice here, and I am that voice.

On the backstop, the hon. Gentleman spoke a lot about the need for economic growth in Northern Ireland, and prosperity is a key part of the peace process, so does he understand our concern that the backstop, which would create a border in the Irish sea and a customs barrier between Northern Ireland and its single biggest market—a market that produces more business for us than the European Union states and the rest of the world combined—would not be a good idea for the benefit of our economy?

[Gavin Newlands]

I disagree with the right hon. Gentleman. It is clear to most people in this Chamber that the answer is for all UK countries to remain in the single market and customs union, which would take away the need for any border in the Irish sea. I should add that my constituents voted two to one to remain, and they certainly have a voice in this Chamber, too.

Many Members from different parties will agree that the best option across the UK is, as I just said, continued membership of the customs union and single market, which would resolve the need for any economic borders or increased regulation. This policy, which the Scottish National party has proposed for a long time, would also act to protect jobs and livelihoods in Northern Ireland, as well as in Scotland and right across the UK. It is the only political and economic position and policy that makes sense and is achievable.

The UK must give Northern Ireland and the restoration of its Assembly the attention that it deserves and requires. The delays in the establishment of effective talks can no longer be accepted. The Government must get round the table and help to restore the Northern Irish Executive and Assembly to full functionality. The institutions of the Good Friday agreement must be championed and restored by all in this House.

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[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.

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[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.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Jeffrey M Donaldson Excerpts

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

[Sir Jeffrey M. Donaldson]

I welcome the opportunity to take part in this debate in Committee. Amendment 15, in the name of the hon. Member for Amber Valley (Nigel Mills), would require an election to be held when these special measures come to an end. For our part, the Democratic Unionist party has no fear of an election. We have just had a council by-election in Carrickfergus, which we won comfortably. We are not fearful of putting ourselves before the people.

If the hon. Gentleman were here, I would say that holding an election would not change the reality. If we have dialogue and cannot reach a political agreement, all an election will do is further polarise the community and make it even more difficult to reach a political agreement. [Interruption.] If Labour Members are so interested in elections in Northern Ireland, maybe one of them will explain why the Labour party does not contest elections there.

Labour Members want to change laws in Northern Ireland, and they want to tell the people of Northern Ireland what to do, but they do not have the courage of their convictions to put themselves before the people of Northern Ireland and seek election. A little quiet from that quarter is the order of the day. When they are ready to come before the people of Northern Ireland and put themselves forward, we will listen to the Labour party. With all due respect, at least the Conservative party—

[Lyn Brown (West Ham) (Lab)]

On a point of order, Dame Rosie. I would be grateful for a more comradely debate, rather than the rant to which we are being subjected. Perhaps we need to take a moment to calm down.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I thank the hon. Lady for her point of order, and I remind everybody that moderation in language and in debate is what we would like to see. This is a very important debate, and perhaps we need to take the temperature down a little.

[Sir Jeffrey M. Donaldson]

If we need to moderate debate because I have called on people to put themselves forward and seek a democratic mandate, I stand to be corrected, but the people of my constituency are looking at the Labour party. More than 60% of the people who voted in my constituency voted for my party at the general election. When I hear Labour Members tell me that they speak more for the people I represent than I do, I am entitled to say that they should put themselves forward in Lagan Valley at the next election. Seek a mandate. Take me on. I am more than happy to contest the Labour party in Lagan Valley. Let us see then whether I speak for the people of Lagan Valley or they do.

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[Lady Hermon]

The right hon. Gentleman is referring to a judgment where the majority of the Supreme Court, by four to three, dismissed the case on a technical point to do with the status and powers of the Northern Ireland Human Rights Commission. If he reads the judgment carefully, he will find—I will stand corrected if I am not right on this—that a majority of the judges, including Lord Kerr, described the abortion legislation in Northern Ireland in relation to fatal foetal abnormality and sexual crime as “deeply unsatisfactory”. Those are the words that were used. I plead with the right hon. Gentleman’s party to indicate what help and assistance is going to be given to those hundreds of women who feel that they have to leave their own country, Northern Ireland, to seek an abortion. Abortion is not compulsory; it is an option. Women should have the choice in cases of rape, incest and fatal foetal abnormality. Will the hon. Gentleman’s party accept those circumstances for change?

[Sir Jeffrey M. Donaldson]

I respect what the hon. Lady said, but I point out to her that section 4(6) of the Human Rights Act 1998 is clear on the point of incompatibility. It states clearly:

“A declaration under this section (“a declaration of incompatibility”)…does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given”.

That is the human rights law of this country. When the hon. Lady suggested in her intervention earlier that the Supreme Court judgment compelled the Northern Ireland Assembly to change the law, she was incorrect in her assertion. That opinion comes from the Attorney General for Northern Ireland and his respected advice on this subject.

On the question that the hon. Lady posed, in respect of fatal foetal abnormality, when a mother is expecting a child with a potentially life-limiting condition, I too have met Sarah Ewart, as has my hon. Friend the Member for Belfast East (Gavin Robinson), who is her Member of Parliament, and I have enormous respect for Sarah. As a result of her initiative, the Northern Ireland Executive commissioned a working group to examine this area of the law in Northern Ireland, and that working group brought forward proposals. Here is the irony: if Sinn Féin allowed Northern Ireland to have a Government, we would by now have addressed this area of the law.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

Because we have a working group that was set up by the Executive and that has brought forward proposals, this area of the law would have been addressed by now.

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

With respect to the hon. Member for North Down, the party that is preventing this issue from being addressed in Northern Ireland is not the Democratic Unionist party; it is Sinn Féin who are preventing the Executive from addressing the report of the working group, which has brought forward proposals in respect of mothers who are expectant with a child who may have a life-limiting condition, so let us get our facts straight.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

In respect of the issue relating to sex crime, I agree with the hon. Member for North Down that we need to examine this area of the law in Northern Ireland, but the difficulty is that we cannot do it—not because the Democratic Unionist party is standing in the way of examining these sensitive issues, but because Sinn Féin are preventing the Northern Ireland Assembly and Executive from carrying out their function. That is the political reality of the situation in Northern Ireland.

[Anna Soubry]

Will the right hon. Gentleman give way?

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[Sir Jeffrey M. Donaldson]

That is why we are unable to examine the laws.

[Layla Moran]

Give way!

[Sir Jeffrey M. Donaldson]

In respect of the proposals before us, it is important that we consider carefully what we are doing. If we really are to be true to our commitment to respect the devolution principle—

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

The hon. Member for Totnes (Dr Wollaston) referred earlier to a border in the Irish sea. Let me address that for a moment.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

What is the point of devolution?

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

It was this House that decided that Northern Ireland should have devolved responsibility for abortion and marriage. It was this House that decided to give to the Northern Ireland Assembly and Executive the power to legislate on these areas of life. That is the reality. The hon. Member for Walthamstow talked about the decisions of this House—

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

It was this House that decided that the Northern Ireland Assembly and Executive had the power to legislate on these areas of the law.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

Will the right hon. Gentleman give way?

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

In respect of—

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. I do not think that the right hon. Gentleman is going to give way, so rather than just shouting at him, I think that we should allow him to continue, because he will be well aware that a lot of other hon. Members want to contribute to the debate.

[Sir Jeffrey M. Donaldson]

I am very much aware of that, Dame Rosie. I have taken some interventions but there is a lot that we need to say and a lot that others want to say, and I respect that.

This issue is important because it is about the principle of devolution. If we truly respect the decisions of this House—which gave the power to the Northern Ireland people, through the Assembly and the Executive, to exercise the right to legislate on these areas of the law —please let us not talk about creating a border in the Irish sea, when we all voted to give Northern Ireland that power. Otherwise, what is the point of devolution? The point of devolution is that the people of Northern Ireland have the right to legislate for laws that affect their lives. It is the same in Scotland and in Wales. That is why we have devolution.

Members of this House say to me, a Member from Northern Ireland, that talking about having different laws in my part of the United Kingdom is somehow about creating a border in the Irish sea; it is not. It is about respecting the principle on which this House agreed—that Northern Ireland has the right to make its own laws in its own legislature as part of this United Kingdom. That is important.

We must respect the devolution principle, not breach it. I understand that this legislation is only about giving civil servants advice and direction; I am not suggesting that it is about changing the law. Nevertheless, we need to be careful because I rather suspect that the hon. Member for Walthamstow does not see this as the end game—not as an end in itself, but as a means to an end. Let us be honest with each other about that. I believe that the hon. Lady sees this measure as a means to an end in changing the law in Northern Ireland. All I am saying—I echo previous comments made today—is that most people in my constituency and in Northern Ireland believe that it is for the Northern Ireland Assembly and Executive to make those laws. My party will therefore vote against new clause 7 because it has the potential to undermine the principle of devolution. I say that without prejudice to the points made by the hon. Member for North Down, which I respect. We are not running away from the issues, court judgments or any of those things. What we are saying is that the proper place to deal with and discuss these matters is in the Northern Ireland Assembly.

In the most recent democratic vote on abortion law of any legislature in the United Kingdom, the Northern Ireland Assembly in 2016—only two years ago—voted by a majority to retain the existing law on abortion in Northern Ireland. Now, I accept that we need to examine the issues. In fact, we have looked at the whole question of life-limiting conditions and we have a working group report that we want to get back to.

Let me return to the core and central point of all this: I listened to the new president of Sinn Féin, Mary Lou McDonald, talking about equal rights, and I pointed out to her in a panel discussion that if the Assembly sat tomorrow and there was a vote on marriage, the Democratic Unionist party would not have enough seats on its own to table a petition of concern. I therefore challenged Sinn Féin that if it believed that this issue is such a pressing one, it should call the Assembly and get the Government up and running. If it believes that this is the priority—if Sinn Féin thinks that health, education, roads and housing should be secondary—it can list it as the first item of business. But it will not call the Assembly and it will not form an Executive. Sinn Féin will not give the people of Northern Ireland, through their elected representatives, the opportunity to address any of these issues.

That is the reality we are dealing with. We can trade arguments back and forward with each other on some of these very sensitive issues, but the reality is that my constituents do not have a Government this evening and are not getting decisions taken that need to be taken because one political party in Northern Ireland is denying not only equal rights but basic rights that impact on the daily lives of my constituents, whether it is their housing rights, their health rights or their education rights. All those rights—human rights—are being impacted. It would be good to hear some hon. Members refer to those human rights that are currently being denied by Sinn Féin, which refuses Northern Ireland the right to have a democratic Government.