Northern Ireland (Executive Formation etc) Act 2019

Julian Smith Excerpts

Monday 28th October 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Julian Smith)]

I beg to move,

That this House has considered the Report pursuant to section 3(5) of the Northern Ireland (Executive Formation etc) Act 2019, which was laid before this House on Wednesday 23 October.

On 23 October, I published a report setting out the latest position on progress on Executive formation, transparency of political donations, higher education and a Derry university, presumption of non-prosecution, troubles prosecution guidance and the abortion law review. This is the third report published on these issues in line with the Government’s obligations under the Northern Ireland (Executive Formation etc) Act 2019.

I was disappointed on Monday to have to extend the period for Executive formation to 13 January 2020. I extended the period because the parties have still not been able to reach an accommodation to get Stormont back up and running. Failure to extend the period would have meant removing from the Northern Ireland civil service what limited decision-making power it currently has. That would not be in Northern Ireland’s interest and it would have precipitated an early Assembly election.

While the political parties continue to be unable to reach an accommodation, public services in Northern Ireland continue to deteriorate, hospital waiting lists get longer and frustration continues to grow. I have been in Belfast and Derry/Londonderry in the past few weeks for discussions with all five main political parties. That contact will continue over the coming weeks, as will my close working relationship with Simon Coveney, the Tanaiste, in line with the three-stranded approach.

The issues that remain between the parties are few in number and soluble in substance. It will take real commitment for the main parties to reach a compromise on those issues, but just this weekend, both the largest parties said that they wanted to restore the institutions as soon as possible. I say to the two major parties, the Democratic Unionist party and Sinn Féin: I stand ready to facilitate further talks if and when they are genuinely willing to move forward, but it is a compromise that they must be ready to reach themselves, and it cannot be imposed from this place.

Continued failure to restore the Executive will bring about extremely difficult choices about how to ensure effective governance in Northern Ireland. The Government will need to consider the appropriate next steps, including considering the duty that will be placed upon me as Secretary of State to set a date for an Assembly election.

A restored Executive and Assembly remain the best way forward for Northern Ireland, not least in the light of the UK’s impending exit from the EU. Northern Ireland needs Stormont up and running, a restored Executive and the political leadership that would bring, and I will continue to do my best to make that a reality.

Turning to abortion, I recognise that this is a sensitive and often divisive issue and that we will continue to hear representations from both sides of the debate as we move towards laying the regulations, but Parliament has spoken and the duty under section 9 of the Northern Ireland (Executive Formation etc) Act 2019 has now come into effect, the Northern Ireland Executive having not been restored by 21 October. Immediate changes to the law have now resulted: sections 58 and 59 of the Offences Against the Person Act 1861 have been repealed and there is now a moratorium, meaning that all prosecutions and investigations that were under way will now be stopped. We have had confirmation that on 23 October the one live prosecution in Northern Ireland was dropped and that the woman is no longer facing criminal charges.

We will consult on the proposals for the new legal framework and the regulations, which are to be made by 31 March 2020. In the meantime, women seeking access to services in England can do so free of charge, with all costs of the procedure, including travel and, where needed, accommodation, being paid for by the Government. Arrangements can be made by contacting a central bookings service, and we have made this number and the services provided known on gov.uk. We continue to engage with health professionals in Northern Ireland and will reach out to the widest possible range of stakeholders to hear their views on the consultation proposals over the coming days and weeks. We are also working with health professionals to ensure that the appropriate services can be established in line with the new legal framework. It is crucial that we get the legal framework right, and we are confident that service provision in Northern Ireland can meet the needs of women and girls.

On the presumption of non-prosecution and troubles prosecution guidance, reforming the legacy system in Northern Ireland remains a major priority for the UK Government.

[Nigel Dodds (Belfast North) (DUP)]

On the subject of abortion, it is interesting that the Secretary of State has not yet referred to something that has occurred since he last gave a report: the fact that the Assembly in Northern Ireland did actually meet. There was a petition, and Members did turn up, including all the Members for our party and those from other parties, seeking to do the business of the Assembly and to get a Speaker elected, but others, including Sinn Féin, were not prepared to take part and take responsibility for these decisions. First, why has he not referred to this development? Secondly, what does he think about parties that talk a lot about wanting to get devolution up and running but that, when there is a legally constituted meeting of the Assembly ready to do business, refuses to participate?

[Julian Smith]

My right hon. Friend is right that the Assembly was reconstituted last Monday. I took some hope from the fact that people were speaking in the Assembly, but we needed it to run for longer than a day. I repeat what I said earlier: we need all parties to be present and standing ready to get the Executive up and running.

Last year, the Northern Ireland Office consulted extensively on the Stormont House agreement. This consultation ran from May to October 2018 and revealed wide support for the broad institutional framework of the Stormont House agreement and a consensus among the main parties in Northern Ireland that the UK Government should push ahead with legislation. At the same time, the consultation process revealed a number of areas of public concern about the detail of the proposals, including how the institutions interacted, how their independence could be preserved and the overall timeframe and costs.

I firmly believe that we must now move forward with broad consensus. It will be essential to demonstrate that any approach we take is fully capable of facilitating independent, effective investigations into troubles-related deaths and providing Northern Ireland with the best possible chance of moving forward beyond its troubled past.

[Lady Hermon (North Down) (Ind)]

The Secretary of State will be well aware—because, of course, he wrote it—of the statement in the foreword to the consultation paper on the victims payment scheme that

“as a society we have a moral duty”

—a moral duty—

“to acknowledge and recognise the unacceptable suffering of those seriously injured in the Troubles”.

Surely to goodness, the Secretary of State accepts that we as a society have a moral duty to acknowledge and recognise the unacceptable suffering of those seriously injured in the appalling Omagh bombing, which took place four months after the signing of the Belfast/Good Friday agreement. Will he make a commitment tonight, and agree and accept that those seriously injured in the Omagh bombing will qualify under the victims payment scheme? Please will he give a fair commitment tonight, and not put them through all the waiting for the consultation to be completed?

[Julian Smith]

The consultation paper makes very clear that we have not set a timeframe. We have talked about the period of the troubles ending with the Good Friday agreement, but I am not prejudging the decision. Omagh is one atrocity, but there are many more, subsequent to the agreement, that we will have to consider as well. I want to hear from all victims. I want to hear from people who may not have been involved in a tragedy such as Omagh but whose victimhood may have resulted from their being in prison or being attacked, or as a result of a range of other experiences. I want to hear from all those people, and we will then reflect on what, if any, is the best timeframe for the payments.

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

The Secretary of State will know that there have been many detailed discussions about the legacy proposals, including discussions about dates. He will also know, from his time in his current role and also from briefing about events that preceded it, that—as far as I can recollect—all the political parties have been flexible about taking a compassionate approach. I do not think that this should be a controversial issue; I think that we should show compassion.

[Julian Smith]

I appreciate my hon. Friend’s intervention. That is exactly the approach that the Government will take. We cannot be hard and fast. We must be inclusive. We must ensure that the payment scheme, for which many Members have campaigned on behalf of constituents throughout Northern Ireland, applies to all victims. We talked about the period of the troubles during the consultation, but I was also careful to ensure that we would not be restricted to that and that we would work with Opposition parties to bring about a better definition if we need to define a period that is acceptable to us all.

[Tony Lloyd (Rochdale) (Lab)]

While we are on the subject of compassion, may I ask the Secretary of State to clarify the position in respect of the Historical Institutional Abuse (Northern Ireland) Bill? There is a rumour that the Government do not plan to introduce it in the House of Commons in the immediate future. That may not be true, but it would be a retrograde step, and I should be grateful if the Secretary of State commented on the Bill’s progress.

[Julian Smith]

The hon. Gentleman is posing questions about business management that I was qualified to answer a few months ago, but I am now in the hands of the business managers. I will say that today’s debate in the other place was extremely moving. The Labour party, the Democratic Unionist party and the hon. Member for North Down (Lady Hermon) have been hugely supportive of the Bill. We need to accelerate it and drive it forward, and I will continue to make strong representations, to my successor and to the Leader of the House.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Will the Secretary of State concede, and agree with us, that if the Government were to win the day tomorrow on an early general election, what he has said just now will not come to pass?

[Julian Smith]

Well, it is true that if there is a general election there is usually a wash-up period, but in all scenarios I will be making the case that we need to get the HIA Bill through. I am concerned that there are many very vulnerable victims who have been waiting a long time—many of them are over 70 and in ill health—so we need to get on with this. I will be working hard, and if other Members are able to assist me in making representations, I will appreciate it.

[Nigel Dodds]

I am sure we will be able to come to the Secretary of State’s assistance in that matter. On this extremely important issue, which is a high priority for everyone in the House, is he making representations to the Prime Minister and others about the need to take powers in Northern Ireland more generally, because we are getting a report on a series of issues which during the passage of this Bill were picked out among a whole lot of other issues that were left untouched—the health service, education, investment, jobs, housing, the environment? All of those issues continue to sit in abeyance in the hands of civil servants. The Secretary of State has not so far mentioned the dreaded B-word: how long is he going to continue to wait before the Government actually take powers to deal with all these issues in the run-up to Brexit?

[Julian Smith]

My right hon. Friend has raised the issue of Westminster’s powers consistently and has strongly represented these views. I believe that the best way to deliver for Northern Ireland is through the Assembly, and I am worried about the consequences that would flow, even though my opposite number has been very generous in offering to help, if needed, on this issue. This is not a good place for us to be; we have to focus on Stormont, and we have to focus on the Executive.

On the issue of legacy more broadly, my ministerial colleague my right hon. Friend the Member for Ruislip, Northwood and Pinner (Mr Hurd) will be beginning meetings with a range of partners, including victims and victims’ groups and members of the armed forces, to make quick and substantive progress on this issue. We are clear that for colleagues across the House, Northern Ireland political parties and, most importantly, the people of Northern Ireland, we must move forward on this issue with broad consensus but also with renewed pace.

Alongside the substantive updates on Executive formation and the abortion law review, reports were published on the transparency of political donations, higher education and a Derry university, presumption of non-prosecution and troubles prosecution guidance. The section of the report on the transparency of political donations states that the regime in place for political donations and loans is specific to Northern Ireland. We recognise that the issue of retrospection is a sensitive one. While the Northern Ireland (Miscellaneous Provisions) Act 2014 allows for the publication of the historical record of donations and loans from 1 January 2014, we must remain cognisant of the fact that retrospective transparency must be weighed against possible risk to donors.

As we have previously made clear, the only Northern Ireland party that has written to the Government in favour of retrospection is the Alliance party. The Government have said that we will consult the Northern Ireland parties in due course about any future change to the nation’s legislation. For now, however, our focus remains on securing agreement to restore devolved Government for the people of Northern Ireland.

[Lady Hermon]

I am exceedingly grateful to the Secretary of State for taking a second intervention. Since the Prime Minister seems absolutely hellbent on having an early general election, will the Secretary of State take a few moments to explain how helpful, or not, an early general election would be to his efforts—his genuine efforts—to see the institutions of the Assembly and Executive functioning again in Northern Ireland? How helpful would an early general election be to those efforts?

[Julian Smith]

I think it is best that I swerve that question. There are some extremely important issues in Northern Ireland that require immediate attention and I want to focus on them with colleagues over the coming days and weeks. Higher education is a devolved matter and any requirement to increase student numbers will require a decision from a restored Executive.

[Lady Hermon]

I asked the Secretary of State a straight question, and I really do expect a straight answer from this very honourable Secretary of State for Northern Ireland. He is not allowed to swerve the question; he has to answer it directly. He is accountable to the people of Northern Ireland; he is the Secretary of State. We need to know how unhelpful an early general election would be to his efforts to restore the institutions in Northern Ireland.

[Julian Smith]

I want to focus on the things that need to be worked through. Those things are immediate. Those things require time now, and they cannot be delayed. Therefore, my focus is on trying to work through a whole set of issues over the coming days and weeks.

[Simon Hoare (North Dorset) (Con)]

It is clear that a general election this side of Christmas is going to lead to an extension of the timetable beyond the end of January for any chance of Stormont to be back up and running. In the Secretary of State’s mind, at what point will stumps have to be drawn, when energies have been expended and best endeavours have been deployed but success has not been forthcoming? We cannot leave the good folk of Northern Ireland without political direction and new initiatives on health, education and welfare, as the right hon. Member for Belfast North (Nigel Dodds) said. Where are we going to be on that?

[Julian Smith]

My hon. Friend makes the important point that the extension of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 comes to an end in the second week of January, so time is of the essence. We need to make the most of this time, and all I can say is that I will do whatever I can over the coming days and weeks to ensure that we get the Executive up and running and that we focus on that as our priority.

[Simon Hoare]

I understand that, and no one in the House will doubt my right hon. Friend’s sincerity in relation to that task or the good faith with which he approaches it. However, in the heat and battle of a general election campaign, there is no scope for those discussions to continue and, dare I say it, this could slightly prejudge the outcome. Were there to be a hung Parliament, or if the Labour party were to be in office, the whole thing would change again. Let us be frank: this early general election is not helpful to the timely restoration of Stormont.

[Julian Smith]

I think I should move on with my speech, Madam Deputy Speaker.

Similarly, the decision on Ulster University’s proposal for a medical school on its Magee campus is a devolved issue, and the merits of the business case will have to be weighed up against all others that aim to address the overriding need for more medical school places. On 17 October, I met a range of stakeholders in Derry/Londonderry, and I am personally committed to seeing what I can do to assist with this ambitious project, which has secured political consensus across the local area. This Government remain open to testing the eligibility of contributing inclusive future funds towards the capital costs of the medical school.

In addition to the matters highlighted in the report, I would like to draw the House’s attention to other matters on which the Government have a duty to legislate—namely, the creation of a scheme for victims’ payments and new laws to introduce same-sex marriage and opposite-sex civil partnerships. As we discussed earlier, on 22 October the UK Government launched a public consultation on the legal framework for a troubles-related incident victims’ payments scheme, the consultation on which will run for five weeks. The UK Government would welcome comments from anyone with an interest or view, to inform the shape of legislation to be introduced by the end of January 2020. We must acknowledge and recognise the unacceptable suffering of those seriously injured in the troubles through no fault of their own, as part of wider efforts to support Northern Ireland in building its future by doing more to address its past.

The scheme is intended to provide acknowledgment to those who are living with serious disablement as a result of injury—both physical and psychological—in a troubles-related incident and to provide a measure of additional financial support. We are consulting on proposals for how such a scheme could be delivered. It is a core element of the Stormont House agreement’s proposals to help address the legacy of the troubles, and it is vital that we make progress across this and related matters. As I said earlier, we are not prejudging any element of the scheme; we are consulting to achieve broad consensus.

Following 21 October, a further duty in relation to providing for same-sex marriage and opposite-sex civil partnerships in Northern Ireland has also come into effect. The Government will ensure that the necessary regulations are in place by 13 January 2020, so that civil marriage between couples of the same sex and civil partnerships for opposite-sex couples can take place in Northern Ireland. From that date, we expect that couples will be able to give notice of their intent to form a civil same-sex marriage or opposite-sex civil partnership to the General Register Office for Northern Ireland. Given the usual 28-day notice period, the first marriages should be able to take place in the week of Valentine’s day.

Following concerns raised by the hon. Member for St Helens North (Conor McGinn) about the timing of a consultation on conversions from civil partnerships to same-sex marriage and marriage to opposite-sex civil partnerships, we are exploring whether we can consult shortly with a view to delivering the regulations as closely as possible to the previously mentioned regulatory timetable. Regulations to enable religious same-sex marriage ceremonies and to provide appropriate religious protections will also follow shortly, allowing a period of consultation so that the regulations can be tailored appropriately to the particular needs and circumstances of Northern Ireland.

Madam Deputy Speaker, I thank you and the House for your patience with this speech. I hope that I have made clear my undiminished commitment to see Stormont back up and running again. Northern Ireland needs its own locally elected representatives making decisions on local issues and making Northern Ireland’s voice heard across the United Kingdom.

--- Later in debate ---

[Julian Smith]

I will not detain the House for long, given the late hour. The hon. Member for Bristol South (Karin Smyth) made a series of important points. I will read the report she referred to and would like to discuss further with her the important issue of ensuring that the service provision, pathways and operation of this reform are done in the correct and best manner. I look forward to having further discussions about this.

The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) raised several issues, including security. Northern Ireland’s threat level remains at severe, but both the PSNI and the security services continue to play an important role and work extremely hard to protect all citizens in Northern Ireland. He and the hon. Member for Belfast East (Gavin Robinson) also raised the issue of welfare, and I am looking at that. It is a devolved matter, but I will obviously be looking at it carefully.

The hon. Member for Strangford (Jim Shannon) raised a number of issues about the change to abortion law. Obviously, the repeal of criminal offences relates specifically to the procuring of abortion. It does not repeal other relevant criminal laws that exist to protect individuals. Medical procedures are carefully regulated and have to be carried out in regulated premises with appropriate care and oversight. I know how strongly he feels about this, and I would like to continue discussing it with him and others in the House over the coming months of consultation.

The hon. Gentleman’s second point was about the HIA and specifically the Rosetta group of victims of child sex abuse. I spoke to that group this evening, and they reiterated the point and said they had met him this morning. I hope to be able to provide confirmation that we will be dealing with the issues he raised as we bring in the Bill.

The hon. Member for Belfast East spoke of a missing letter. I can assure him that that letter was signed today. It has not been received by his office, but I will ensure that it is on its way. I am confident that it is. I apologise for the speed of that letter.

The hon. Member for Walthamstow (Stella Creasy), who has worked extremely hard on this policy, is right to raise the fact that we have now moved into the shaping phase for the regulations. We are launching the consultation and she is right that we are a few days later than we had hoped, but we will be producing that over the next few days. We are reflecting on the advice from royal colleges and many others, and I would appreciate the opportunity, once we have launched the consultation, of discussing with her how we address the issues she raised about provision and ensuring access to services.

The hon. Member for Belfast East raised the issue of additional reports. Those are in the House of Commons Library. I would be happy to accompany him so that we can read those reports shortly. He also raised the issue of the budget Bill. I have been fighting for more time for that Bill. We need to get that done. It provides the funding and vital services for Northern Ireland. Whatever the next few days hold, we have to get that Bill through. In all circumstances, election or otherwise, we will have to push through the affirmative statutory instrument attached to this extension.

[Gavin Robinson]

The Secretary of State will have to push that through in very quick order. Can he confirm that when he brings forward a budget Bill it will include that legislative fix he knows so well—that of co-ownership —and will he give us some further details about what he plans to do on welfare mitigation?

[Julian Smith]

I will be updating the House in respect of the first point. Welfare is a devolved matter, but I realise that it is important to Northern Ireland, and over the coming days and weeks I will be working with, and talking to, the Northern Ireland civil service.

My hon. Friend the Member for Belfast South (Emma Little Pengelly) raised a range of issues, including education and the Bengoa reforms. If we put more money into the health service, we will have to drive those reforms forward. She also talked about business. I met members of the Orange Order on Saturday, and met representatives of other business organisations today. I will do whatever I can to ensure that Northern Ireland—as well as Yorkshire!—continues to be the best place in Britain in which to do business. Northern Ireland is now covered with city deals. We must drive those through as well as looking at town deals, which were also raised. As for woodlands, I am encouraged by that proposal, and look forward to working with my DUP colleague. I hope that there will not be too many trees in the House over the coming days, but we hope to add more to Northern Ireland in due course.

Question put and agreed to.

Resolved,

That this House has considered the Report pursuant to section 3(5) of the Northern Ireland (Executive Formation etc) Act 2019, which was laid before this House on Wednesday 23 October.