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.

Northern Ireland: Restoring Devolution

Julian Smith Excerpts

Monday 21st October 2019 Commons Chamber

[Tony Lloyd (Rochdale) (Lab) (Urgent Question)]

To ask the Secretary of State for Northern Ireland to make a statement on progress towards restoring devolution in the light of today’s extension of the period in which the legal duty to call an Assembly election is removed under section 2 of the Northern Ireland (Executive Formation etc) Act 2019.

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

The period for Executive formation under the terms of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 is due to expire at the end of today, Monday 21 October, so I have laid before Parliament a statutory instrument to extend the period for Executive formation to 13 January 2020. That has the effect of ensuring that Northern Ireland Departments can continue to make decisions in accordance with the Act in the absence of Executive Ministers. Colleagues should be clear that the Act only provides guidance to the Northern Ireland civil service and is no substitute for everyday political decision making.

In reflecting on hundreds of interactions I have had with public sector workers, voluntary workers and members of the public, I understand that this continued absence is a huge disappointment. This extension also delays the legal obligation on me to call an Assembly election, but does not prevent me from calling an Assembly election at any time. The political parties have not reached an agreement to get Stormont back up and running, but extending this legal deadline has no bearing on my continuing efforts to restore the Executive.

As a result, from tomorrow, in relation to abortion law in Northern Ireland, sections 58 and 59 of the Offences Against the Person Act 1861 are repealed, and there will be, in addition, a moratorium on criminal prosecutions. A new legal framework for lawful access to abortion services in Northern Ireland will be put in place by 31 March 2020 in line with the 2018 UN convention on the elimination of all forms of discrimination against women report. I will be consulting on the new framework very soon.

On same-sex marriage and opposite-sex civil partnerships, regulations are to be made no later than 13 January 2020. There are two key areas on which we will consult: how to allow for religious same-sex marriage ceremonies; and the issue of conversion from civil partnership to marriage and vice versa. So that we can tailor the regulations appropriately, there will be a short consultation on these two issues before we introduce religious same-sex marriage in Northern Ireland. This will not detract from the regulations by 13 January 2020, providing for civil same-sex marriages and opposite-sex civil partnerships. The first civil same-sex marriages will take place in the week of Valentine’s day 2020.

We also intend to launch a public consultation on a scheme for payments to victims of troubles-related incidents in the coming days. I am also determined to ensure that the Government deliver on our commitments to broader legacy issues.

I cannot overstate the responsibilities of the Northern Ireland parties to find an accommodation and to ensure the future of the devolved institutions that form such an essential part of the peace process.

--- Later in debate ---

[Julian Smith]

I have been very clear that no deal is not a good situation for the United Kingdom, particularly for Northern Ireland. Now that the Prime Minister has secured a deal, I hope that we can focus on getting it over the line.

I pay tribute to the Northern Ireland civil service. They have been the most dedicated civil servants, pushing forward across a range of areas without political decision making. They do have some powers and political decision guidance under the Act, but these are inadequate; we need to get Stormont back up and running to ensure that they have the political direction they need.

On the Police Service of Northern Ireland and security, the Government have additionally invested nearly £20 million and stand ready to continue to support the PSNI financially. I am obviously responsible for security, and this is a sensitive period with police officers under threat day in, day out, but I am comforted that the PSNI is well resourced and is doing an exceptional job. I will keep the situation monitored and keep in touch with the shadow Secretary of State in that regard. On the question of the Army, I do not see the need in any circumstance for the British Army to operate in the way in which the hon. Gentleman describes. The PSNI and our security services are fulfilling all the functions in an exceptional manner.

On abortion and same-sex marriage, there is clearly concern about how the Assembly can have an influence now that the law is changing. It can have an influence, but we need to be clear that, from tomorrow, the law will have changed across those two areas. Obviously we will hear the views of and work with the Assembly, but the law will change from tomorrow.

The consequences of Stormont not getting back up and running are too profound to consider; we have to get this institution back up and running. Powers from Westminster would involve working with Dublin and a whole range of issues that we should not be having to address. The men and women who worked so hard for peace in Northern Ireland need us to—and continue to remind us that we have to—get Stormont back up and running. I will be working, as I have been over the summer, with the Irish Government to get this crucial institution running again.

On the issue of consent, this protocol has been subject to huge debate over the past few days. We have to remember that one of the biggest criticisms of the last withdrawal agreement was the fact that it needed more say for Northern Ireland. It will have no impact on the petition of concern or on the day-to-day operation of the Assembly. This is an exceptional matter; it is a reserved matter. Consulting the Assembly, we will be doing everything we can to ensure that we make that clear. I have been speaking to members of the Unionist community across the weekend. We need to ensure that we now get this deal over the line for the United Kingdom and for Northern Ireland.

[Several hon. Members rose—]

--- Later in debate ---

[Simon Hoare (North Dorset) (Con)]

Thank you, Mr Speaker.

The people of Northern Ireland clearly want to see Stormont back up and running because they are seeing their health, their education and their welfare suffer. By making this extension, the Secretary of State has provided a window that could possibly see this House overcome the hurdle that seems insurmountable for the parties in Northern Ireland, and that is to legislate for the Irish Language Act, thereby taking it out of the debate between the principal parties in Northern Ireland and removing the hurdle that is the roadblock—I am sorry for mixing my metaphors—to getting Stormont back up and running.

[Julian Smith]

The Irish Language Act is one of a number of issues that are being discussed in the talks process. I would say again that the most important and the best way to resolve these issues is through the Stormont talks. I will continue to work at pace with the Tánaiste to ensure that we encourage parties to come back together and get back into an Executive.

[Several hon. Members rose—]

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Thank you, Mr Speaker.

Stormont and, more importantly, the people of Northern Ireland have now been without a functioning Executive for over 1,000 days. The Government’s report on Executive formation stated:

“The UK Government, working closely with the Irish Government…will now intensify our efforts to put forward compromise solutions to the parties.”

There are no formal talks between the parties at the moment. I fully accept that the Government cannot bind the hands of the parties involved, but if there are no current talks, what exactly did the Government mean by intensifying their efforts, and when will fresh party talks take place?

The Government’s reckless Brexit policy and their agreement with the DUP have severely undermined the delicate balance of relationships that built and sustained the Good Friday agreement. Given the breakdown in the Government’s relationship with the DUP, does the Secretary of State envisage that this will have an impact on efforts to restore the Assembly and the Executive?

The Government have confirmed that the imposition of direct rule is being considered. This is deeply disappointing. It is clear that devolved decisions are best made by the elected politicians of Northern Ireland. I urge them to get back round the table and to get back to work.

[Julian Smith]

Since taking on this job, I have been meeting the parties almost on a weekly basis, but, as the hon. Gentleman acknowledged, this is an issue for the five parties. It is ultimately up to those parties to come together, and both the Irish Government and the British Government stand ready with ideas and thoughts in order to make that happen.

On the relationship between the Government and the DUP, my responsibilities are for all parties in Northern Ireland, but I have a good relationship with the DUP. I will continue to support the Union to the best of my ability, along with all Members of this House. On the issue of direct rule, I could not have been clearer that Stormont and local decision making is my priority and the best way, in my view, for Northern Ireland to move forward.

[Mr Owen Paterson (North Shropshire) (Con)]

I totally sympathise with the Secretary of State and his predecessor, who have time and again come to this Chamber to say, “We want to see the institutions up and running,” which we all do. We see today, with the meeting breaking up in disarray in less than an hour, the task that faces him. At the same time, we see outcomes of public services in Northern Ireland falling behind the rest of UK. We in this Chamber have a responsibility to all citizens across the UK. The hon. Member for Rochdale (Tony Lloyd) rightly said that direct rule is the most unattractive option, but we have a responsibility to see good services delivered. What steps is the Secretary of State taking to prepare to take more power into his own hands, to ensure that the citizens of Northern Ireland get the services they deserve?

[Julian Smith]

We are prepared for all eventualities. On the issue of the all-party talks, I genuinely believe that, whether it is Sinn Féin or the DUP, we are not too far away. We have to do everything we can to encourage parties to come together, in the best interests of Northern Ireland, to secure an Executive.

[Several hon. Members rose—]

[Nigel Dodds (Belfast North) (DUP)]

The Secretary of State has outlined a number of areas where action will be taken as a result of the Act, but on health, education, crime, policing, investment and all the rest of it, still the Government sit on their hands and allow no government for Northern Ireland. Is he now realising that, with Brexit coming, we must have powers in the hands of Ministers, whether in the Assembly or here? He cannot go on abdicating that decision. Today in Belfast, Assembly Members met, but Sinn Féin boycotted it. Given that the Prime Minister said on Saturday that “a simple majority” should apply in Northern Ireland as well, fully compatible with the Good Friday agreement, can the Secretary of State apply that principle to the formation of the Executive, because four parties out of five would set it up tomorrow?

[Julian Smith]

Just to be clear on the Assembly, the petition of concern and the arrangements for the Assembly will not change under this scenario. I will say it again: we need Sinn Féin, the DUP and all parties to come together, because powers from here is not the solution to this issue.

[Several hon. Members rose—]

[John Redwood (Wokingham) (Con)]

The DUP is understandably very unhappy about the customs and single market arrangements in the agreement, so will the Government table a free trade agreement and get on with it, because that would help?

[Julian Smith]

I am not responsible for the European negotiations.

[David Hanson (Delyn) (Lab)]

Given that the creation of a new border down the Irish sea will impact on services and businesses in Ireland, north Wales and the rest of the United Kingdom, what impact assessment of the outcome of that border has the Secretary of State asked the Executive to produce, to be shared with political parties?

[Julian Smith]

On the issue of customs and the protocol, we will be doing everything to work with Northern Ireland businesses to ensure that we deliver on unfettered access as we push the Bill through the House of Commons. I spoke to Northern Ireland businesses today and will be engaging with them on an ongoing basis as we move forward with the protocol.

[Maria Caulfield (Lewes) (Con)]

Given the absence of an Assembly and Executive, the Historical Institutional Abuse (Northern Ireland) Bill has to be passed in this place, and it will have its Second Reading in the House of Lords next week. What will happen to that Bill should the Assembly be restored? Will we continue with it, so that the victims get the compensation they need as soon as possible?

[Julian Smith]

I hope and expect that we will continue with that Bill to deliver for victims who have waited for far too long.

[Owen Smith (Pontypridd) (Lab)]

Will the Secretary of State confirm that, as revealed by the Brexit Secretary in an answer to my right hon. Friend the Member for Leeds Central (Hilary Benn), under the new Brexit dispensation firms in Northern Ireland exporting to the rest of the UK will now be expected to fill in export forms, and could he tell us how that can be squared with the claim that Northern Ireland will remain part of the UK customs territory?

[Julian Smith]

As Northern Ireland Secretary, I will be fighting for the interests of businesses and ensuring that we minimise any disruption to their trade flows. Northern Ireland has a hugely successful business sector, and it will go from strength to strength with this deal.

[Mr Mark Harper (Forest of Dean) (Con)]

Following up on the questions from the right hon. Member for Belfast North (Nigel Dodds) and the Chairman of the Select Committee, my hon. Friend the Member for North Dorset (Simon Hoare), my understanding is that four of the five parties in Northern Ireland would like the Executive to be reformed and only Sinn Féin is holding out, at least for the reason my hon. Friend set out, if not for others. What does the Secretary of State think is going to change to enable Sinn Féin to be persuaded to restore the Executive? I listened carefully to what he said and I accept he is working incredibly hard, but I am still not clear about what is going to change to enable the Executive to be reformed and for Northern Ireland to be able to enjoy devolved government.

[Julian Smith]

Sinn Féin, like other parties, has been engaging very positively with me, and I have had good conversations with its senior leaders. As this House makes a positive decision on Brexit in the coming days, I think that is a significant change, and it could be the catalyst for further movement on these talks.

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

I cannot emphasise enough to the Secretary of State how important the principle of consent is to Unionists. The idea that a decision of the momentous nature of the one we will be expected to take in four years’ time does not reflect adequately the principle of consent, as expressed in the Belfast agreement, has serious implications for our ability to support the restoration of devolution without that safeguard. I say with all seriousness to the Secretary of State that if this issue is not addressed, it goes well beyond this Brexit deal.

[Julian Smith]

I say again to my colleagues and friends in the DUP and to Unionists across this House and in Northern Ireland that this protocol is for a reserved matter; it is not for the Assembly. The Belfast agreement is extremely clear that there will be matters that are not subject to the consent mechanisms in the Assembly. The Government will continue to work to ensure that this protocol, as the Bill goes through Parliament, is executed in a way that is reassuring to all Members and all parts of the Northern Ireland community. But remember that the issue with the backstop was a lack of consent. This consent mechanism is intended to deal with that, but it has no effect on the Northern Ireland Assembly.

[Dr Julian Lewis (New Forest East) (Con)]

Given that service personnel, their families and service veterans are losing out under the terms of the armed forces covenant not being fully applied in Northern Ireland, will the Secretary of State give consideration to the recommendation made in a recent report by the Defence Committee that the Northern Ireland civil service should appoint someone directly to sit on the veterans board that administers the covenant?

[Julian Smith]

I pay tribute to my right hon. Friend for that report and for his Committee’s thinking in this area. I am giving consideration to that report and how we can execute parts of that report in a positive manner to ensure that we deliver for the armed forces who served in Northern Ireland.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The creation of a customs border down the Irish sea and the necessary declarations that we now hear will be necessary as a consequence is something about which Ruth Davidson and the Secretary of State’s right hon. Friend the former Secretary of State for Scotland warned last year. They said then, and it is true now, that it will undermine the Union. Why is the Secretary of State disregarding his right hon. Friend’s advice?

[Julian Smith]

I am not disregarding the advice of anybody, but this is a deal that protects the border. This was a key priority for me as Secretary of State. It protects the peace process. I think the economy of Northern Ireland will benefit from this deal. We are delivering on Brexit, but protecting the economy and protecting the peace process. This mechanism, I say again, has no bearing on the Assembly, and I would work over the implementation period with colleagues across Government to minimise any problems for Northern Ireland businesses in exporting and selling into Great Britain.

[Mr Laurence Robertson (Tewkesbury) (Con)]

We are supposed to live in a democracy, yet seven of the 18 constituencies in Northern Ireland do not have any representation in the House of Commons. As we have heard, the Assembly has not functioned for nearly three years. It is time to end the prospect of one party being able to bring down the whole institution, so will the Secretary of State consider introducing legislation that stops that happening again?

[Julian Smith]

I have no plans to change the constitution, basis and set-up of the Assembly. However, I think that the lack of representation here—there are seven or eight constituencies unrepresented—is not a good thing. As I have said, we need to get Stormont up and running—1,000 days is far too long.

[Kate Hoey (Vauxhall) (Lab)]

The Secretary of State should be an expert on the protocol, so may I ask him a simple question? A friend who gardens in Northern Ireland wants to buy 2 lb of organic garlic from a supplier in England. When the supplier sees the Northern Ireland address will they be obligated to add the EU tariff—currently 10%—and how would my friend prove that he is not moving it to the EU, in the Republic, and how would he reclaim the tariff? The agreement says that the default assumption is that it is going to the EU, which is an important point. That is what people are talking about in Northern Ireland today—not restoring devolution.

[Julian Smith]

As the hon. Lady knows, the Joint Committee in the new protocol will look at all those matters. I expect them to be looked at over the coming months as we go through the implementation period.

[Eddie Hughes (Walsall North) (Con)]

Does my right hon. Friend share my view that if the Act is extended by statutory instrument, that will not be a good outcome for the people of Northern Ireland?

[Julian Smith]

I agree with my hon. Friend.

[Lady Hermon (North Down) (Ind)]

As members of the Legislative Assembly at Stormont continue to be unable to fulfil their full responsibilities, what consideration has the Secretary of State given to cutting their salaries yet again? The fact that they receive a salary, albeit reduced, has caused immense annoyance, and continues to do so, across Northern Ireland, and has cost millions of pounds, so does the Secretary of State intend to cut those salaries?

[Julian Smith]

I plan to review all elements relating to the Assembly if we are unable to move things forward over the coming days.

[Paul Masterton (East Renfrewshire) (Con)]

Post Brexit, the Northern Ireland Assembly will have to make some incredibly serious and important decisions about Northern Ireland’s future. Do the kind of shambolic scenes that we saw at the Assembly this morning suggest that the institution is up to that task? If not, and if it is not restored, is the Secretary of State happy that he and his Department have all the powers necessary to take Northern Ireland through the transition and into the immediate period after we have left the EU?

[Julian Smith]

As I said earlier, the parties and individuals who will play a part in the Assembly and the Executive when they are up and running again are of extremely high quality. There is every opportunity for us to get this up and running and for it to go from strength to strength. That is so much more in the interests of Northern Ireland than taking or restoring powers from here.

[Conor McGinn (St Helens North) (Lab)]

It is rare these days that a decision made by the House provokes joy and hope, but it will today among thousands of people in Northern Ireland who love each other, are in a same-sex relationship and will finally be able to marry the person they love. However, they will be concerned to hear that, despite the will of the House to introduce equal marriage in Northern Ireland, not in any segmented form, those who are in a civil partnership may be forced to delay their conversion to full, equal marriage. Will the Secretary of State confirm that that will not be the case and that, as of 13 January, all couples in Northern Ireland who love each other will be able to get married?

[Julian Smith]

As I said at the start of my statement, we will be consulting on religious same-sex marriage and on the conversion of civil partnerships to marriages, but all other same-sex marriages will be delivered as per the regulations. The first such marriages will take place in the week of Valentine’s Day.

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

My right hon. Friend, along with every Member who has spoken today, has expressed concern about the current situation, but after 1,000 days we seem to be in just as bad a situation as ever. What exactly is it that gives him confidence that we are about to find a resolution and that devolution will be restored to Stormont in the near future?

[Julian Smith]

Having been Government Chief Whip during most of the Brexit period, perhaps 1,000 days does not seem quite as bad to me as it does to others. However, it is an awfully long time and we do need to ensure that we now encourage the parties to get back to the Executive. The Tanaiste and I stand ready and plan to work with the parties over the coming days.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

Can the Secretary of State confirm that he will bring forward new legislation on abortion in Northern Ireland promptly, and can he say a little more about the process that he will adopt in doing so?

[Julian Smith]

We will bring forward a consultation in the coming days. As I have said, decriminalisation and the moratorium on criminal cases will take effect from tomorrow. We will be delivering in the new year on the law that has now changed.

[Jim Shannon (Strangford) (DUP)]

As the Secretary of State will know, the Assembly tried to meet today, when some 33-plus Members tried to initiate a debate to stop the abortion legislation going forward. Unfortunately, Government acquiescence to the legislation ensured that it went through this place. Does he not understand the anger that people in Northern Ireland feel about the abortion changes, and will he bring in changes for the Department of Health, which will have a deficit of £20 million this year, to ensure that it can do what it needs to do in the year ahead?

[Julian Smith]

I understand the huge sensitivities around this issue, but there was a free vote in this House and the law was clear that if the Assembly and the Executive were not up and running by today, the law relating to same-sex marriage and abortion would change. We have now reached that point. With regard to funding for abortions, the Government will continue to pay for travel to England during this period, and we will ensure, as part of the consultation and the changes, that the health service in Northern Ireland has every resource it requires.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

While we urge a speedy resolution to the impasse in Northern Ireland and the restoration of devolution, does the Secretary of State welcome the levelling up of fundamental human rights across all parts of the United Kingdom, and does he agree that the sort of illiberal grandstanding that we have heard today was most unwelcome and counterproductive?

[Julian Smith]

Again, these are sensitive issues—free vote issues—but the law has changed and the Government will now follow through and deliver on it.

[Gavin Robinson (Belfast East) (DUP)]

These responses are calamitous. For the Secretary of State to hold up a copy of the Belfast agreement, yet not to have apprised himself of paragraph 12 of strand two or paragraph 5(b) of strand one, which outline further expansion of north-south arrangements, subject to the Assembly’s consent, and paragraph 5(b), which indicates how that consent is to operate, is an outrage. He told the BBC last Thursday that no party would have a veto, but Sinn Féin operated its veto on the restoration of the institutions today, as it has done for the past 1,000 days, and the EU will have a veto in the Joint Committee. Can he answer the question that he was asked earlier: will Northern Ireland goods require customs declarations for what is supposed to be unfettered access to the rest of their own country?

--- Later in debate ---

[Julian Smith]

On the first point, I say again to my hon. Friend that there is no change to the constitution of the Assembly. This is a reserved matter and we will do everything we can to assuage many of the concerns that have been raised. On the issue of checks and forms, unfettered access is a key part of the protocol, and I will be working to ensure that we deliver on that, in the interests of Northern Ireland business, over the coming weeks.

Executive Formation: Extension Period

Julian Smith Excerpts

Monday 21st October 2019 Written Statements

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

The period for Executive formation under the terms of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 is due to expire at the end of today, Monday 21 October.

I take extremely seriously my obligations towards the good governance of Northern Ireland in the absence of locally-elected Executive Ministers. The expiration of this legal period without an Executive in place, and in the absence of other decision-making legislation, would leave Northern Ireland in an unacceptable position.

For that reason I am today laying before Parliament a statutory instrument to extend the period for Executive formation to 13 January 2020, the only such extension permitted by the current legislation. That has the effect, among other things, of ensuring that Northern Ireland Departments can continue to make decisions in accordance with the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 in the absence of Executive Ministers. The legal obligation on me to call an Assembly election would move too, to fall on that date. This does not prevent me from calling an Assembly election at any time.

I am disappointed that the political parties have been unable to reach an agreement to get Stormont back up and running before this legal deadline. But extending this legal deadline has no bearing on my continuing efforts to restore the Executive, which will continue in the days and weeks ahead.

[HCWS26]

Legislative Programme

Julian Smith Excerpts

Tuesday 15th October 2019 Written Statements

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

The legislative programme for the Second Session was outlined by Her Majesty on Monday 14 October. This statement provides a summary of the programme and its application to Northern Ireland. It does not include draft Bills, Law Commission Bills or Finance Bills.

The legislative programme will deliver important reform to domestic issues and deliver benefits across the whole of the United Kingdom. The programme includes a series of ambitious reforms and brings forward measures to support citizens across all the nations of the United Kingdom. The Government believe strongly in upholding the constitutional integrity of the United Kingdom—our Union is at its strongest when all four nations work together.

The Government have taken the necessary steps to ensure the UK leaves the EU with certainty, continuity and control by working to deliver an unprecedented programme of legislation to date, preparing for all scenarios. The second Session legislative programme will build on this by seizing the opportunities EU exit brings.

The Government’s top priority in Northern Ireland is the restoration of the devolved institutions at the earliest possible opportunity. The Government will continue to work with all of the parties in Northern Ireland, and the Irish Government, as part of the ongoing talks process to support the return of the Executive.

In the absence of an Executive the Government remain steadfastly committed to ensuring good governance in Northern Ireland. We will continue to take action to protect the continued delivery of vital public services where necessary.

The following Bills contained in the programme are likely to apply to Northern Ireland (either in full or in part):

Agriculture Bill

Air Traffic Management and Unmanned Aircraft Bill

Birmingham Commonwealth Games Bill

Domestic Abuse Bill

Environment Bill

European Union (Withdrawal Agreement) Bill

Extradition (Provisional Arrests) Bill

Financial Services Bill

Fisheries Bill

Foreign National Offenders Bill

Health Service Safety Investigations Bill

Historical Institutional Abuse (Northern Ireland) Bill

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Medicines and Medical Devices Bill

Pension Schemes Bill

Private International Law (Implementation of Agreements) Bill

Telecommunications Infrastructure (Leasehold Property) Bill

Trade Bill

Windrush Compensation Scheme (Expenditure) Bill

In the absence of a devolved Assembly and Executive we will continue to work constructively with Northern Ireland Departments to deliver legislation which will apply to Northern Ireland.

[HCWS9]

Northern Ireland (Executive Formation etc) Act 2019 Section 7

Julian Smith Excerpts

Monday 30th September 2019 Commons Chamber

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

I beg to move,

That this House takes note of and approves the Report pursuant to Section 3(14) of the Northern Ireland (Executive Formation etc) Act 2019 - Historical Institutional Abuse, which was laid before this House on Wednesday 4 September.

On 4 September, I laid a number of reports before the House in line with my obligations under the Northern Ireland (Executive Formation etc) Act 2019. Parliamentary business pressures meant that some of those reports were not debated earlier this month, but I am pleased to stand before the House today to underscore my commitment to make progress on these issues.

The reports emphasise what colleagues on both sides of the House have known for some time: the restoration of the Executive and the Assembly is of vital importance to the people of Northern Ireland. That is my top priority and I will continue to work with the Northern Ireland parties to meet that objective.

Without an Executive, the people of Northern Ireland have seen the quality of their public services decline and decisions that affect their day-to-day lives kicked into the long grass.

[Carolyn Harris (Swansea East) (Lab)]

Given that the current political situation in Northern Ireland is preventing the children’s funeral fund from being introduced, can I ask that the Secretary of State consider acting directly to allow that to happen, so that bereaved parents there may benefit from the fund like the rest of the United Kingdom?

[Julian Smith]

My understanding is that a number of councils in Northern Ireland have put in place measures to deal with the issue, but as with many other issues that we are debating today, the absence of an Executive at Stormont is affecting all sorts of decisions, including that one.

[Gavin Robinson (Belfast East) (DUP)]

I want to support the hon. Member for Swansea East (Carolyn Harris), whose campaign has been hugely encouraging and personal to her. It has had a huge impact across the United Kingdom, and there is the prize of financial assistance for those who have been bereaved of young loved ones, of children in their family. I know that she has engaged with the permanent secretary in the Department for Communities, and rightly so. I know that the response has been positive, but that they look for political agreement through all the parties in Northern Ireland. Perhaps that is something that the Secretary of State could do. As he will outline regarding this historical institutional abuse report, where there is a need for political agreement, the will is there. He could bring the local parties together and indicate to the Department for Communities that there is full support for the roll-out of this much-needed scheme.

[Julian Smith]

I agree with my hon. Friend’s summary of the work undertaken by the hon. Member for Swansea East (Carolyn Harris) on this issue. I would be very happy to meet her and others to discuss it. It is, again, up to the Northern Ireland Assembly, but let us meet and see how we can work further to move things forward.

[Ian Paisley (North Antrim) (DUP)]

Normally there is another contingent in this House that is very interested in a one dimensional aspect of things to do with Northern Ireland. The Secretary of State must be aware of the 850 medical practitioners—doctors, nurses and midwives—who have written publicly about their absolute outcry at the failure regarding the decision of this House to impose abortion regulations in Northern Ireland, abortion regulations that cannot be met. That has put undue pressure on GP services, nursing staff and doctors’ staff. What is he going to do about that to protect our doctors and nurses in Northern Ireland?

[Julian Smith]

If I can, I will come to my hon. Friend’s point slightly later in my remarks.

Since my appointment in July, I have met public servants from a range of sectors who are doing an incredible job in the absence of support from local political leaders at Stormont, but they cannot of course take the proactive decisions that are needed on public services, the economy or the areas that we have already heard about in today’s debate. If we cannot secure the restoration of an Executive, we will pursue the decision-making powers that are needed at the earliest opportunity. In addition to the reporting requirements, the Northern Ireland (Executive Formation etc) Act 2019 requires the UK Parliament to introduce laws on same-sex marriage and opposite-sex civil partnerships, abortion and victims payments. This House has spoken, and the duty to legislate will come into effect if the Executive are not back up and running before 21 October. My Department will shortly begin an awareness campaign to ensure that women and citizens across Northern Ireland are clear as to how we plan to proceed to regulate for these new legal duties.

I recognise that these are sensitive issues, and this Government’s preference is that they are taken forward by a restored Assembly and Executive, but to those who now lobby me and others in Government to somehow change the law I say that the only way for these laws to be changed and shaped in the best interests of Northern Ireland is for the Northern Ireland party leaders to form an Executive and get back into government. To that end, following the frustratingly slow pace over the summer caused by a range of factors, I will this week work urgently with the Northern Ireland parties and the Irish Government to do everything I can to break the logjam and to get Stormont up and running. The time for that is now. The party leaders need to show leadership and do the right thing for the people of Northern Ireland.

[Sammy Wilson (East Antrim) (DUP)]

Already, frustratingly, the Secretary of State has fallen into the trap that so many others have fallen into by spreading the blame for the non-existence of the Executive in Northern Ireland across all the party leaders. Will he accept and publicly state in this House today that the only party leader opposing and stopping the formation of the Executive in Northern Ireland is the leader of Sinn Féin?

--- Later in debate ---

[Julian Smith]

I honestly do not think that it is productive for me to get involved in pointing any fingers. I think I stated earlier in my speech that I view the lack of progress as being down to a variety of factors, and I now want to be as proactive as possible in moving back to getting the Assembly up and running, as do the Irish Government and many parties, including the Democratic Unionist party and others.

[Ian Paisley]

The Secretary of State must know that his words, as they are spoken from the Dispatch Box today, sound like a punishment to every single party in Northern Ireland except Sinn Féin. That is the only party holding us up in getting back into the Assembly, yet we are all being punished, even by what he says.

[Julian Smith]

I am happy to restate that I do not think that any one party or any particular issue has held things up, but it is time that we move on. I call on each party to play its part in getting Stormont up and running, and I hope and expect that they will.

On the matter of historical institutional abuse, I want to say first that victims in Northern Ireland have shown incredible courage and dignity through their engagement with the Hart inquiry and their campaign for redress. Without their willingness to speak up about the trauma of what happened to them, we would not have been able to forge a path from the inquiry to the consultation on the draft legislation, and to the present position where there is a commitment to introducing a historical institutional abuse Bill in Westminster by the end of the year in the absence of a Northern Ireland Executive. I know that colleagues will join me in restating today our collective determination to see progress made in delivering redress to the victims as soon as possible.

[Lady Hermon (North Down) (Ind)]

Since the Prime Minister has refused to rule out proroguing Parliament again and seems hellbent on a swift general election, it would help the victims of historical institutional abuse in Northern Ireland, who will be particularly interested in this debate, if the Secretary of State were to lay out a realistic timetable for the legislation to go through all stages, so that compensation can be paid to them. They have been enormously patient. They have suffered too long, they have waited too long and they deserve compensation. When will that be?

[Julian Smith]

I will talk in my speech about how we hope to make progress.

On the Floor of the House in July, the Government made plain their commitment to introducing legislation in the absence of a Northern Ireland Executive. Much progress has been made by my officials, working together with the Northern Ireland civil service to prepare all the necessary materials to do just that. On 4 September, I laid a report that sets out the progress that has been made in implementing the recommendations in the historical institutional abuse inquiry report. The House will have noted in that report that the inquiry published its findings and recommendations in January 2017. The collapse of the Northern Ireland Executive in that month has meant that the implementation of many of the recommendations has been delayed.

We should take a moment to remember that during his work on this very considerable report Sir Anthony Hart, who sadly passed away in July, showed immense compassion, empathy and determination to make a difference to the lives of victims. The inquiry he led uncovered evidence of systematic physical, sexual and emotional abuse of children in institutional care, as well as neglect and unacceptable practices in children’s homes. Thanks to Sir Anthony’s commitment, focus and sensitivity, victims finally had a voice after so many years of suffering. As one of the prominent campaigners for redress remarked,

“It was Sir Anthony who believed in victims and it was Sir Anthony who delivered the truth when others failed.”

The Executive Office is to be commended for the progress made in the absence of Northern Ireland Ministers. It prepared draft legislation in 2018 and undertook a consultation exercise which concluded in March 2019. It was with the benefit of that progress that the Northern Ireland political parties were able to discuss in detail the implementation proposals for a commissioner for survivors of institutional child abuse and a redress scheme. It is worth noting that all political parties in Northern Ireland have been supportive of the Bill. The discussions between the Northern Ireland parties on the legislation and the policy decisions required to finalise it demonstrate that there is a genuine will to reach agreement. The resulting Bill was provided by the Northern Ireland Office on 18 July and has been the focus of work in my Department to make ready everything necessary to introduce the Bill at Westminster. It is a complex Bill and those documents have required significant input from legal advisers and policy officials.

The UK Government commitment to introducing the Bill by the end of the year in the absence of a restored Northern Ireland Executive remains resolute. To answer directly the question from my hon. Friend the Member for North Down (Lady Hermon), I hope that we will have a resolution in the coming weeks.

[Maria Caulfield (Lewes) (Con)]

Does the Secretary of State recognise the frustration and distress that victims will feel when they see the Chamber so empty today, given that previous Northern Irish legislation has been rushed through all its stages in one day, and given that the last time the Executive Bill was in this place the House was packed with Members hellbent on using it as a tool for delaying Brexit? Will he commit, when he gets a date for the Bill, to rushing it through in the same manner as other pieces of Northern Irish legislation earlier this year?

[Julian Smith]

There are some complex issues that need debate. I know that my hon. Friend has stood up steadfastly and consistently for victims of child abuse in Northern Ireland, and I hope that we will be able to introduce the Bill in short order.

[Lady Hermon]

The Secretary of State has just said that he hopes the Bill will be introduced “in short order”. I do not know quite what that translates to. Have he and his very hard-working and diligent officials given any thought to introducing a statutory instrument, rather than going through all the stages of a Bill, to establish an administrative scheme whereby an initial payment of compensation—let us say of £10,000 or £7,000—could be awarded to victims? They cannot be asked to wait any longer. They are dying, they are most unwell, and the anxiety and the waiting are not helping them. Will he commit to that?

--- Later in debate ---

[Julian Smith]

I commit to introducing the Bill in the coming weeks, and I am confident that we can do that. I accept my hon. Friend’s point that the age and the wellbeing of many victims means that we also have to consider how we get money to them at the earliest opportunity.

[Nigel Dodds (Belfast North) (DUP)]

I am grateful to the Secretary of State for his commitment to trying to move this forward. I entirely agree with what the hon. Member for Lewes (Maria Caulfield) said about there being no reason why this legislation cannot be passed very quickly, given the way Brexit legislation is now being put through in a matter of hours and given the way abortion law has been changed in a matter of hours without consultation. Why can we not do this Bill in a matter of hours, since there is cross-party support and unanimity across the board? I gently say to him: we have heard a lot about the absence of the Executive, but he knows from conversations he has had with us and other Ministers that the Government are also responsible for the lack of progress. They could have taken action themselves in the House but they refused to do so, for political reasons. They may have been well-intentioned reasons, but a deliberate policy decision was taken to stymy all the things that needed to be done in Northern Ireland. He is perfectly within his rights to share some of the blame among the political parties in Northern Ireland, but he also has to take some responsibility himself for the failure of the Government to take action over two years of doing nothing.

[Julian Smith]

My right hon. Friend knows that the Government, like the previous Government, view taking more decisions from Westminster with great caution. We respect the Good Friday agreement and want to encourage local institutions to take the decisions required.

[Maria Caulfield]

Can I gently remind the Secretary of State that periods of this abuse—between 1922 and 1995—were periods of direct rule, when this place was responsible for those children, and so while there is not an Assembly in place, this place also has some responsibility to ensure that those victims get compensation?

[Julian Smith]

My hon. Friend makes an important point. Again, we need to encourage Stormont to get up and running and we need to deliver on this legislation, and I believe that we can achieve both.

[Karen Bradley (Staffordshire Moorlands) (Con)]

I thank my right hon. Friend for giving way; he is being generous with his time. We want this legislation to progress as quickly as possible, but it has to be watertight and robust, and it has to have proper scrutiny, because otherwise it will be challenged. The quickest way to get redress for the victims is to have proper, robust legislation that has been properly scrutinised.

[Julian Smith]

I thank my predecessor for those remarks, and I will take this opportunity to pay tribute to her for her relentless work to get the legislation to this stage. I am acutely aware that she has played a really important part in getting us where we are. She is right; we need to move things on, but we need to be as careful as possible in how we do so.

On 23 August I met representatives of victim and survivor groups, and I intend to meet them again later this week. These people’s lives have been blighted by unforgivable, horrendous acts, yet they have engaged patiently and respectfully with politicians and with the legislative process. It is imperative that we do all within our power to support the Bill so that they can finally receive a measure of redress.

This House is well aware of the stain of child abuse that shames our country. It took place in every corner and it went unchecked for decades. The Hart report outlines starkly the degrading acts perpetrated by those responsible for caring for vulnerable children at Kincora boys home, Nazareth House and Lissue Hospital. In fact, there were only two institutions across Northern Ireland where evidence of systemic abuse was not found. In most instances it was the poorest and most vulnerable young people who were affected, and in some instances the same vulnerable children were then sent to unsuitable homes in Australia, with their whereabouts unknown to their family members.

[Gavin Robinson]

I am grateful to the Secretary of State for allowing me to intervene once again. He mentioned Kincora boys home, which is in my constituency. Although the report that he has laid before us today highlights the recommendation that there should be a suitable memorial to those who suffered abuse, Kincora boys home remains a sepulchral reminder of the tragedy that occurred in my constituency and in institutions across Northern Ireland. Five years ago I stood in Kincora boys home with victims, and they have continually called for it to be razed to the ground, yet just last week Belfast City Council felt it appropriate to say that the building should be retained because of its townscape character. Does he understand the anguish of abuse victims? One of the victims I stood with back then has since died. They want to see this tragic reminder of their horrible past razed to the ground once and for all.

[Julian Smith]

My hon. Friend speaks powerfully of the symbolism of the buildings, and it is important that we recognise that in this debate. I would be interested in discussing his proposals further in due course.

We can ask no more of victims. We can ask no more of the inquiry. The policy officials have prepared the policy and the lawyers have prepared the draft law. Now it is time for us, as political representatives, to act. It is therefore my sincere hope and belief that colleagues across the House will support us as we seek to deliver this legislation in the coming weeks.

I thank all colleagues for the debate that we have had so far, and I look forward to hearing further contributions. Obviously we are debating some of the most sensitive issues that this House can scrutinise. I will do everything I can as Secretary of State to deliver the Bill and address many of the issues that we have heard about today.

--- Later in debate ---

[Julian Smith]

I thank the House for what has been an exceptionally moving debate. I pay specific tribute to the survivors’ groups—SAVIA, Survivors (North West), the Rosetta Trust and Survivors Together, among others—who will be watching tonight and I think will be clear about the priorities of this House and the people who have attended this debate to move things forward. I have heard the desire to get this Bill introduced at the earliest opportunity. As I have mentioned, I really hope and expect that we can get it into the Queen’s Speech. I really want to get it in as soon as possible. I heard the points made by my hon. Friend the Member for Lewes (Maria Caulfield) and others about the need for speed in getting this moving as quickly as possible, and I want to ensure that we do that.

The hon. Member for Belfast South (Emma Little Pengelly) spoke passionately about the role of officials—David Sterling and the civil service—in getting us this far. I again pay tribute to them. The hon. Member for North Antrim (Ian Paisley) and the right hon. Member for East Antrim (Sammy Wilson) spoke about getting money from the institutions that have played their part in these horrendous crimes. I would say, go after them and get the money—let us go after them hard.

The hon. Member for North Antrim, among others, spoke about the need to get the Assembly up and running, and expressed his concerns about that. We all have to do everything we can to get things up and running in the coming days and weeks. That is important for the issue of abortion, which I believe is best dealt with by the Executive in Northern Ireland for the people of Northern Ireland, but it is also in the best interests of all citizens across Northern Ireland to get decisions done and political decisions made.

[Lady Hermon]

Will the Secretary of State reply to one specific question? For the victims of historical institutional abuse, will he give a commitment—a clear guarantee—that the legislation to compensate them for the dreadful abuse that they suffered as children in Northern Ireland will be on the statute book before 31 October? It is a straight question and I would like a straight answer.

[Julian Smith]

I think I have given an indication on timing. I am no longer a business manager. I am concerned, in this whole debate, to ensure that I do not make commitments that I cannot deliver. The commitment I have made is that I have written to business managers. I hope that this Bill will be in the Queen’s Speech. I do not want to go further than that, but I will continue to do everything I can to push my colleagues to get it introduced in the coming days and weeks.

Question put and agreed to.

Resolved,

That this House takes note of and approves the Report pursuant to Section 3(14) of the Northern Ireland (Executive Formation etc) Act 2019—Historical Institutional Abuse, which was laid before this House on Wednesday 4 September.

Wrightbus (Ballymena)

Julian Smith Excerpts

Monday 30th September 2019 Commons Chamber

[Ian Paisley (North Antrim) (DUP)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the situation at Wrightbus in Ballymena in County Antrim.

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

I am deeply disappointed by the news that Wrightbus has had to enter administration. This is a real blow for the people of Ballymena. A number of redundancies have been announced. This clearly creates an extremely difficult situation for all those who have lost their jobs and for their families. Support will be provided to those affected via the Northern Ireland civil service, and I—along with my hon. Friends—will continue to do everything that I can, as I have been doing over the weekend and in previous weeks, to work with Invest Northern Ireland and Government colleagues to support any potential purchaser of the business or assets who may be identified during the process of administration.

[Ian Paisley]

I thank the Secretary of State for what he has said. To put this matter in perspective, the loss of those jobs is the equivalent of about 30,000 to 40,000 jobs being lost on mainland UK, so it is devastating to the Northern Ireland economy—it is a huge blow to our economy.

I thank the Government, first of all, for what they have done, and what they have indicated behind the scenes that they intend to do, for any purchaser. The Secretary of State, the Prime Minister and the Business Secretary have all made that very, very clear. However, let me ask the Secretary of State the following questions. Will he spell out to any investor what Government support would actually look like in terms of research and development, soft loans or grants? Can he assure me that the party currently at the table is fully aware of the extent of the promised support and what it would actually look like to assist it in this process? Will he ensure that public transport, by way of hydro and other electric power, will receive special support to make sure that Northern Ireland and the UK’s public transport sector provides the greenest technology possible, and present itself as a huge selling point around the world? Will he recognise that arm’s—length bodies such as Translink and FirstGroup and other bus buyers need to be encouraged directly with economic assistance to buy more British-made buses? Will he ensure that in future all bus orders go through British companies, therefore supporting British jobs and British investment?

On a practical level, will the right hon. Gentleman ensure, and spell this out to the workers—our heart has to go out to the 1,200 or so workers who have lost so much and who are devastated at the present time—that practical support will be given to them. I know that about £14 million of redundancy has been paid out, but practical support is also needed, such as issuing the P45s quickly, and making sure that workers in Malaysia and here on mainland GB are brought home to Northern Ireland as quickly and expeditiously as possible.

[Julian Smith]

My hon. Friend shares my desire to ensure that we get into a better place on this issue. Let me answer his questions in turn. On R&D and Government support more generally, the Government are making any potential bidders aware of what could be available, but, as he knows, this is a commercial process. It is being managed by an administrator, and many of the actions need to take place at a devolved level. None the less, we will continue—and I do continue—to speak actively to all stakeholders involved, and I am conducting meetings during the course of this week.

On buses more generally, my right hon. Friend the Chancellor of Exchequer has made an announcement today to commit £220 million to buses in Great Britain, and there will be additional money for Northern Ireland coming out of that pot. We are also developing the national bus strategy, and I hope that both of those initiatives will mean that the market for buses and the opportunity for the excellent product produced in Ballymena by Wrightbus will be strong and will encourage investors to take the risk to develop the business further.

On the matter of the P45s, my understanding is that the administrator has now written to all employees to communicate the process going forward on redundancies and on the P45s. For the six workers who are currently in Malaysia, the administrator has now taken steps to get those workers home, and I stand ready to address and to help in any way any problems or issues on either of those matters.

[Simon Hoare (North Dorset) (Con)]

Is my right hon. Friend able to make any comment on what seems to be an absurdly large religious donation made by the owners of Wrightbus in recent years? Although the donation was made when the company was profitable, reports cite a figure in the region of £15 million, which seems grossly excessive. Given that these are jobs that Northern Ireland can ill afford to lose, will my right hon. Friend also give some thought to how we can ensure that this matter does not fall between the two stools of its being a devolved matter and there being no devolved Assembly to pick up the reins and run with it?

[Julian Smith]

I do not think it would be appropriate for me to comment on the loan. On the question of how the absence of Stormont affects these jobs, yes, not having a devolved Executive is making a big difference, but between Invest NI, the Government, the Northern Ireland civil service and a campaigning and dedicated local MP, we are showing that we can get things done. I hope that we can get some positive news out of what is currently a very difficult situation.

[Tony Lloyd (Rochdale) (Lab)]

May I join the hon. Member for North Antrim (Ian Paisley) in underlining the importance of this issue? For Ballymena, the loss of 1,200 high-paid, high-skilled jobs is enormous; these jobs matter enormously.

There are a number of questions that arise. First, we need to examine the role of the administrator. In the context of British Steel, the then Secretary of State for Business, Energy and Industrial Strategy and the then Chancellor arranged that the official receiver would take responsibility. This had the effect of keeping British Steel as a going concern. Could we take the same kind of approach to Wrightbus to ensure that there is a possibility that it can be moved on as a going concern, with the existing skilled workforce?

My second question relates to the land. As I understand it, when Japan Tobacco International Gallaher vacated the site, the land was gifted across. I also understand that one of the current drawbacks to a sale of Wrightbus is the possibility that the land will be seen as an asset by those who would make profit from it. It would therefore seem reasonable for the land to be transferred intothe public domain so that there is no question of people profiteering from what was a gift from Japan Tobacco International.

Thirdly, I emphasise the question of the hon. Member for North Antrim regarding investment in the technologies of the future—battery technologies and green technologies—so that Wrightbus can join the other bus manufacturers in the UK that can tour the world selling world-class products.

Having seen the situations at Bombardier, Harland and Wolff, and now at Wrightbus, one thing that is obvious is that three of the marquee names in Northern Ireland manufacturing are under pressure. We need to see an industrial strategy for Northern Ireland now, particularly given the possibility that Brexit will have a dramatic impact, especially if it is a Brexit that sees a border down the Irish sea or across the island of Ireland. We need a strategic view of the long-term future of manufacturing in Northern Ireland.

[Julian Smith]

My experience in Northern Ireland from the two major issues I have been working on recently with regard to the economy—Harland and Wolff, and Wrightbus—is that the administration companies have been working very well with all stakeholders.

As with the Church loan, I do not think it is appropriate for me to comment on the matter of the land, other than to say that I urge anyone who can do anything to unlock the process of making a successful sale to a successful bidder and preserving jobs to do everything they can to be as flexible as possible.

On the matter of low emission buses and bus technology, Wrightbus is second to none in leading-edge bus technology, which is why I remain confident that we can get to a better position than we are currently in and we can protect jobs.

On the interrelationship between Brexit, Wrightbus, Harland and Wolff and Bombardier, I have made it clear since taking this role that it is in the best interests of Northern Ireland that we get a deal. That is what I am doing, and that is what the Prime Minister is doing.

[Greg Clark (Tunbridge Wells) (Ind)]

We know that Wrightbus plays a crucial role in manufacturing in Northern Ireland. Once major industrial facilities are lost, they are very difficult to restore. In my experience, a combination of ministerial activism and the strong support of local constituency Members can make a difference, so I commend my right hon. Friend and the hon. Member for North Antrim (Ian Paisley) for the efforts they have been making. I invite them to continue, with all the other things on their plates, to be absolutely tenacious in finding a buyer, and to know that they can count on my support and that of Members across the House in finding the best solution for what can be, in future, a very successful company.

[Julian Smith]

I thank my right hon. Friend for that contribution and take this opportunity to pay tribute to his activist approach. It was not always of benefit to me as Government Chief Whip, but many, many companies benefited from it across the United Kingdom.

[Matt Western (Warwick and Leamington) (Lab)]

I concur with the many points made about what brilliant products Wrightbus makes and what a tragedy we are faced with. I commend the hon. Member for North Antrim (Ian Paisley) for securing this urgent question.

Surely the issue is that Ministers, or BEIS, must have been aware that there was a cash-flow issue within this company a year or so ago. Charitable donations were being made that far exceeded the £1.7 million loss that the company was facing. At what point were Ministers or BEIS aware of that, and what does it mean for the industrial strategy?

[Julian Smith]

The important thing now is to protect jobs and to ensure that we get a successful buyer. There will be time enough to look back on what could have been done differently and what things need to improve.

[Sir Mike Penning (Hemel Hempstead) (Con)]

As I drove through London to the House today lots of Wrightbus buses were to be seen, bought by the excellent previous Conservative Mayor. One intervention that could go ahead and make the company viable to be sold is the London Mayor buying the right bus for London, which is Wrightbus.

[Julian Smith]

I do not think it would be appropriate for me to make bus-buying recommendations, but I say again that the technology of Wrightbus and the energy at Wrightbus mean that there is a good future for it if we can get a successful buyer.

[Mr Speaker]

Whether that is because the right hon. Gentleman does not judge himself to be a particular authority on bus-buying or because he regards reference to the matter as beneath the dignity of his undoubtedly high office—whichever it is—he has made his choice.

[Christian Matheson (City of Chester) (Lab)]

My friend the Member for North Antrim (Ian Paisley) and I were in discussions over the summer about how we could promote the manufacturing sector in buses and low-emission buses. That is his commitment to his constituency. What specific conversations has the Secretary of State had with the company, or perhaps with the family, about removing the block on the sale of the land and possibly even taking it into a trust so that manufacturing can continue there?

[Julian Smith]

As I said in my statement, it is really important that everybody who thinks they could help to unlock this process does what is in the best interests of the people of Ballymena and the employees of the company.

[Karen Bradley (Staffordshire Moorlands) (Con)]

It seems ironic on the day that announcements are made about money for new buses—I hope a significant amount of that money goes to my constituents in Staffordshire Moorlands—that we are here debating a bus manufacturer in Northern Ireland going into administration. Will my right hon. Friend join me in paying tribute to Sue Gray, the permanent secretary at the Department of Finance in Northern Ireland, who has worked tirelessly and I know will continue to do so to do all she can for the employees?

--- Later in debate ---

[Julian Smith]

I am very happy to pay tribute to Sue. As colleagues from across the House know, she played a very important role in the civil service here and continues to do so in Northern Ireland.

[Jim Shannon (Strangford) (DUP)]

One of the best things that the Secretary of State and the Government could do would be to encourage and fund Translink to the tune of £40 million, to enable it to buy the new buses it needs, which would enable Wrightbus to survive, thrive and retain jobs. Will the Secretary of State consider that?

[Julian Smith]

The £220 million announced by the Chancellor of the Exchequer a few hours ago will be of benefit to all bus companies and will ensure that the market for buses in both GB and NI will continue to thrive.

[Mark Menzies (Fylde) (Con)]

May I urge the Secretary of State to ensure that the Department for Business, Energy and Industrial Strategy is working with not only Wrightbus but the Department for International Trade? As a trade envoy, I can testify to the fact that there is considerable interest in this bus in some of the high-density markets, particularly in Latin America, and with support from Government we might be able to get some of those deals over the line.

[Julian Smith]

Through this process, I have become aware of the huge market for buses in South America. My hon. Friend is an exceptionally dynamic trade envoy, and I look forward to meeting him to discuss opportunities for Wrightbus buses if we can get a new buyer for them in the coming weeks.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

It might be mismanagement or coincidence, but it looks like the collapse of the PM’s favourite bus builder—apart from himself, with the wine crates—is part of the pattern of his reverse Midas touch in London, with the ticket offices, the water cannon, the tube and the garden bridge. Will the Secretary of State confirm that, as I heard today, the overheating, three-door design of the Boris bus is unusable anywhere else in the world? How much public money was committed to the debacle that contributed to its decline, which, along with Harland and Wolff, spells grave consequences for Northern Ireland’s economy post Brexit, when a majority of people there wanted to remain?

[Julian Smith]

The important message is to ensure that we get the best buyers for Wrightbus and Harland and Wolff. I do not have details on the technical aspects of the bus the hon. Lady mentions, but I think we should focus now on protecting jobs and supporting the local economy.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

Like the hon. Member for North Antrim (Ian Paisley), I was very disappointed at this news from Wrightbus, as it is a manufacturer of quality products that I have driven and use daily—upon which you regularly comment, Mr Speaker. Can my right hon. Friend assure me that he will do everything he can to work with the Northern Irish civil service in the coming days to find a successful bidder, to ensure that the company can continue to manufacture quality products?

--- Later in debate ---

[Julian Smith]

I thank my hon. Friend for his question and for all his work as a Transport Minister. The civil service in Northern Ireland is working very hard, Invest NI is working very hard and the Department for Business, Energy and Industrial Strategy is working very hard, as is the local MP, and they will continue to do that over the coming days and weeks.

[Mr Speaker]

We daily learn more and more about the daring and distinguished exploits of the hon. Member for Harrogate and Knaresborough (Andrew Jones). I have regularly informed the House and those observing our proceedings that, when serving as Under-Secretary of State for buses, he was given to traveling to work by bus, to the obvious delight of his fellow passengers. What I did not know was that he was also in the business of driving buses. Is there any limit to the talents of the hon. Gentleman?

[Rachael Maskell (York Central) (Lab/Co-op)]

In addition to the tragic loss of 1,200 jobs, this announcement puts at risk more than 1,700 jobs in the supply chain. It has come to our attention that £2 million was paid out to shareholders, and only £1.7 million could save this company. What steps is the Secretary of State taking to recover that money and save these jobs?

[Julian Smith]

The administrator is responsible for the sales process. As I mentioned earlier, there may be a number of things that the administrator and others will want to look at in the coming months, but the immediate task in hand is to find a buyer and to ensure that the Government, Invest NI and all other interested parties support that process.

[Maria Caulfield (Lewes) (Con)]

Given the extent of the job losses in Ballymena and the fact that this company had orders in May for 20 hydrogen-powered buses for TfL, each worth £500,000, does the Secretary of State agree that this is a viable business, if the issue of the donations is set to one side, and that the cash-flow issue around donations to Church charities needs investigating?

[Julian Smith]

The technology and the opportunity for Wrightbus, with a successful buyer and with a vision for the future, are very strong. I think we have addressed the issue of loans and other matters that are for the future.

[Sammy Wilson (East Antrim) (DUP)]

May I first say to the Secretary of State that this is a terrible blow for workers across North Antrim, South Antrim, East Antrim and a number of other constituencies? Will he join me in congratulating Mid and East Antrim Borough Council on quickly holding a jobs fair that has identified many job opportunities for those who have been made redundant? May I also thank the Government for the announcement that has been made on spending money for public transport?

This company has a skilled workforce, it is a good product—despite the remarks of the hon. Member for Ealing Central and Acton (Dr Huq)—and if there is demand created through public finance, I believe there is a market for these buses. Does the Secretary of State agree that the opportunities presented when we leave the EU on 31 October and no longer have to abide by EU directives on public procurement give the Government an opportunity to make sure that that money is spent on buying British products?

[Julian Smith]

I agree with my right hon. Friend about the opportunity for Wrightbus and the technology it has. I think we are both agreed that the best resolution for Brexit is a deal at the end of October.

[Catherine West (Hornsey and Wood Green) (Lab)]

Is it not the case that this company, with the 1,700-job loss, is a victim twice over: first, because of Brexit, the general uncertainty and the lack of infrastructure investment; and, secondly, because of the dreadful decisions taken since 2010 about the bus industry, with this Government failing to invest in regional buses? Those are the real reasons why 1,700 people have lost their jobs in Northern Ireland today.

[Julian Smith]

It would be wrong to attribute this matter to Brexit, bus strategy or other issues. Very often, one of the issues in a capitalist economy is that companies do run into trouble. It is our job now to do everything we can to get this company out of that trouble.

[Gavin Robinson (Belfast East) (DUP)]

May I thank the Secretary of State for the personal commitment he has shown to the workers of Wrightbus and, indeed, to Harland and Wolff in my constituency, which he has referred to? The last number of weeks have been a baptism of fire for him, and he will recognise the strong community support for Harland and Wolff in my constituency and for Wrightbus in Ballymena. Having engaged with Invest Northern Ireland and the Departments for the Economy and of Finance, as he has, will he confirm that the exercise of functions and the restoration of the Executive legislation permits civil servants, in the public interest, to take action that is necessary to secure these vibrant jobs and industries in Belfast?

[Julian Smith]

My hon. Friend is right that there are certain powers that can be executed by the Department for the Economy, but the main powers reside with the Executive, which is why we want to get Stormont up and running. I pay tribute to the work he has done, working with the unions, potential investors and the administrator at Harland and Wolff, and I hope we will have some positive news during the course of this week.

[Helen Goodman (Bishop Auckland) (Lab)]

On a point of order, Mr Speaker.

Northern Ireland (Executive Formation etc) Act 2019 Section 3(2)

Julian Smith Excerpts

Monday 9th September 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 Sections 3(1), 3(6), 3(7), 3(8), 3(9) and 3(10) of the Northern Ireland (Executive Formation etc) Act 2019 - regarding Executive formation; transparency of political donations; higher education and a Derry university; presumption of non-prosecution; Troubles prosecution guidance; and abortion law review, which was laid before this House on Wednesday 4 September.

Mr Speaker, may I pay tribute to you following your statement earlier today on your tenure as Speaker of this House? Despite the odd moment of friction during my time as Government Chief Whip, I would like to add my voice to those who have underlined the strength and power of your service to both your constituents and this House, particularly the work you did to establish the new Education Centre.

On 4 September, I laid a number of reports before the House in line with my obligations under the Northern Ireland (Executive Formation etc) Act 2019. Those reports underscore the vital importance of restoring the Northern Ireland Executive. This is my first priority because, without an Executive, the people of Northern Ireland have seen the quality of their public services decline and decisions kicked into the long grass. They deserve better. Since July, I have met public servants from a range of sectors who are doing an incredible job in the absence of support from their political leaders, but they cannot take the vital decisions needed on public services or make those crucial interventions in the economy.

[Lady Hermon (North Down) (Ind)]

I am very grateful indeed to the Secretary of State for allowing me to intervene so early. May I just say that I am extremely disappointed and annoyed that the motion to discuss the historical institutional abuse in Northern Ireland was not even moved this evening? By proroguing Parliament tonight, the Prime Minister has wilfully and deliberately deprived the victims of historical institutional abuse in Northern Ireland of a 90-minute debate, sending out a clear signal that they do not even merit a 90-minute debate. It is appalling behaviour. I ask the Secretary of State to demand that the Prime Minister comes to Northern Ireland, sits in a meeting, looks the victims of historical institutional abuse in the face, and explains to them why he is so disrespectful and discourteous of the hurt and suffering that they have had to endure.

[Julian Smith]

To be fair to the business managers tonight, there has been a major challenge with the number of unexpected and emergency debates, but I am now coming to the issue of HIA that the hon. Lady raises. In doing so, I apologise to the House for the change in business. It in no way diminishes how seriously I am progressing the issues or affects the commitments I have made.

[Ian Paisley (North Antrim) (DUP)]

I understand what the Secretary of State has said about the business managers. However, he cannot get away that easily from the business statement that was made in this House on Thursday. The first and second priorities on that list, as handed out to Members, were to do with the victims of historical institutional abuse, as the second priority was victims’ payments in relation to that matter. The matters to which the Secretary of State intends to speak this evening were fifth and sixth on the list that we were given. Why has he—as the hon. Member for North Down (Lady Hermon) has indicated—set aside these very important issues that we were promised from that Dispatch Box would be dealt with expeditiously when we came back in September?

[Mr Speaker]

Let me thank the Secretary of State for his very gracious personal remarks, which mean a great deal to me.

[Julian Smith]

The victims of historical institutional abuse in Northern Ireland have shown incredible courage and dignity through their engagement with the Hart inquiry and throughout their campaign for redress. I know that colleagues, as has been shown in the interventions I have just taken, will join me today in restating our collective determination to see progress made in delivering redress to those victims as soon as possible.

On 23 August, I had the honour of meeting representatives from the victims’ and survivors’ groups. These people’s lives have been blighted by unforgivable, horrendous acts, yet they have continued to engage patiently and respectfully with politicians and the legislative process. We can ask no more of victims. We can ask no more of the Hart inquiry. The inquiry has been undertaken. Officials have prepared the policy. The lawyers have prepared the draft law, and I have asked that this be included in the Queen’s Speech as a matter of urgent priority.

[Maria Caulfield (Lewes) (Con)]

On Thursday in business questions—this is why it is disappointing that this is not being debated today—we heard that the Secretary of State committed not only that it would be in the Queen’s Speech but that the legislation would be brought forward to the end of the year. That is the most important thing—that the legislation actually comes forward.

[Julian Smith]

I thank my hon. Friend for her intervention.

The EF Act requires new laws in areas including same-sex marriage, opposite-sex civil partnerships, abortion, and victims’ payments. These are sensitive devolved issues, and this Government’s preference is that they are taken forward by a restored Executive. Again, I am sorry that we have not been able to discuss the important issue of victims’ payments in the motion that was not moved. Across these issues, this House has spoken, and these duties to legislate will come into effect if the Executive is not back up and running in the next few weeks. Despite the truncated debate today, I underscore my assurance to the House that I will continue to uphold the letter and the spirit of my obligations under the EF Act in full. I will update Parliament on these issues in the next Session, and indeed will say a bit more on abortion law in Northern Ireland later in my speech, but I now turn to each of the issues listed for debate today.

[Simon Hoare (North Dorset) (Con)]

What can this House do to strengthen the Secretary of State’s elbow in discussion with the business managers as to what is going to be included in the Queen’s Speech? I associate myself with the remarks of other hon. Members with regard to the victims of historical abuse. May I urge him to take this message to the business managers? Many of those who suffered that horrible abuse were placed in that situation by the state. The state let them down then; the state now looks as though it is letting them down still further. That is not good enough and we will not put up with it.

[Julian Smith]

I am confident that the business managers will look very favourably on such a Bill for the Queen’s Speech.

Northern Ireland has been without devolved government since January 2017. In that time, we have seen hospital waiting lists get longer, public services deteriorate, and frustration in Northern Ireland grow. The issue of Brexit has made the need for a reformed Executive ever more urgent. It is clear that Northern Ireland’s interests at this time are best served by a restored Executive in place and ready to take the necessary decisions.

The then Secretary of State for Northern Ireland, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), started the latest round of cross-party talks, following on from the work of my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire). I pay tribute to their tireless work. I also pay tribute to my right hon. Friend the Member for Maidenhead (Mrs May) for all that she did to drive for Stormont to be up and running during her time as Prime Minister. I am also in no doubt, from the work we have done together since he became Prime Minister, that my right hon. Friend the Prime Minister is personally committed to the swift conclusion of these talks.

The same issues have been discussed in cross-party talks for over two years. Some aspects of those talks are very close to resolution, and I believe the parties could agree swiftly on a programme for government, on measures to increase transparency, and on the sustainability of the institutions—although gaps do remain between the two main parties on rights, culture and identity. However, both the UK and Irish Governments share the view that, notwithstanding the importance of these issues, these topics can be resolved in short order.

Political parties across the spectrum must now realise that the lack of political leadership has left public servants bearing the load for far too long. I have seen this at first hand when speaking to the principal at Ashfield Boys High School in east Belfast and to doctors and nurses at Musgrove Park Hospital, and in my many meetings with all those who serve so bravely in the Police Service of Northern Ireland. There can be no more excuses: we simply have to get the Assembly and the Executive up and running. So the UK Government, working closely with the Irish Government in accordance with the three-stranded approach, will now intensify our efforts to put forward compromise solutions to the parties. I urge the parties to make the most of the days ahead and to work with me and the Tánaiste to do what is best for the people of Northern Ireland. Whatever the outcome of that process—whether I can update on positive or negative developments—I will publish a report on or before 9 October. If I have to report that those efforts were not successful, my next update to the House will set out the next steps to ensure adequate governance in Northern Ireland and the protection of the Belfast/Good Friday agreement.

[Vernon Coaker (Gedling) (Lab)]

The Secretary of State has just made a commitment that he will, in the next Session or whenever it may be, come forward with a report. I say gently to the Secretary of State that I am disappointed. A number of motions have been struck off, and for quite understandable reasons, but there is a massive amount to discuss. However we go forward in the next few months, I ask the Secretary of State or whoever holds that position to consider how we in this House of Commons and this Chamber can more properly give Northern Ireland the time it deserves to discuss these matters of major importance. The people of Northern Ireland need to hear that message. We should be talking about this for much longer than we are this evening.

[Julian Smith]

I agree with the hon. Gentleman, and I pay tribute to the work he has done during his career for the citizens of Northern Ireland, but I would say that two SO24 debates today have given the business managers a major challenge.

The issue of transparency of donations to Northern Ireland parties is one which this Government take very seriously. We are rightly proud that we were able to secure agreement of the Northern Ireland parties and bring forward legislation to open up all donations from July 2017 to full public scrutiny. I am aware that many would like to see that transparency go further and apply retrospectively to 2014. The Northern Ireland (Miscellaneous Provisions) Act 2014 provides that greater transparency could be introduced from 2014 at some point in the future. However, greater transparency must be weighed against possible risks to donors. Retrospective transparency should not threaten intimidation to those who have donated.

[Gavin Robinson (Belfast East) (DUP)]

I listened to what the Secretary of State had to say on political donations. In terms of what is in the report, he is absolutely right—that is the position—but the report misses the fundamental distinction and difference that needs to be resolved in Northern Ireland, which is that foreign donations are permissible. Northern Ireland remains the only part of the United Kingdom where foreign donations, corrupting our politics, are permissible. Will he take steps to close that?

[Julian Smith]

I thank the hon. Gentleman for his intervention. I am aware that he and his party have strong views on this issue, and we are looking at all elements of this policy.

While many in this House have called for retrospection, we must not forget that the last time the parties in Northern Ireland were formally consulted on this, in 2017, there was only consensus for transparency going forward. The published data now available as a result of the legislation is a starting point for a review to consider what further transparency may be appropriate.

I will turn now to higher education. Northern Ireland has made great strides in higher education provision, with two world-renowned universities—Queen’s and Ulster University—attracting students from all over the globe. While the Northern Ireland Department for the Economy has policy responsibility for higher education in Northern Ireland, universities are independent of government. As such, it is for a university, whether prospective or existing, to decide where to base any new campus.

No application has been made from any organisation to establish a university whose main campus is in Derry/Londonderry. The Government are aware that Ulster University is considering the development of a graduate medical school to be located in Derry/Londonderry, and that proposal features in Derry City and Strabane District Council’s economic regeneration plans for the region. Education is key to securing a prosperous future for Northern Ireland, and it is right that we focus on where the current skills gaps lie and how they can be met.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

I had the great honour of visiting Derry recently. The University of Ulster has been dilly-dallying and delaying about the medical school at the Magee campus. The city needs that medical school, which will help immensely with not only its regeneration but the whole peace process. What guarantees can the Secretary of State give that Derry will get that medical school?

[Julian Smith]

On my last visit to Derry/Londonderry, I spoke about the medical campus, and we are working to ensure that we do everything we can in the Northern Ireland Office to support it. Again, however, we need the Executive—Stormont—back up and running to make sure the money flows to that campus.

This Government are unequivocal in our admiration of the armed forces, who served with heroism and bravery to protect the people of Northern Ireland and whose sacrifice has ensured that terrorism would never succeed. The Government will never forget the debt of gratitude we owe them. Providing better support for veterans is a major priority for this Government, and the creation of the Office for Veterans’ Affairs is an example of the strength of our commitment.

I want to be clear: I absolutely recognise the sentiment and the principle underpinning these amendments, and I recognise the strength of feeling across the House on this matter. We have been clear that the current system for dealing with the legacy of Northern Ireland’s past is not working well, and this needs to change. As the Prime Minister said recently in this House, it is

“common ground”

across all Benches that it is simply

“not right that former soldiers should face unfair”—[Official Report, 25 July 2019; Vol. 663, c. 1467]—

and repeated investigations, with no new evidence, many years after the events in question. Two very important further amendments have been submitted, and I want to address these in turn.

[Dr Julian Lewis (New Forest East) (Con)]

I apologise for intervening so soon after entering the Chamber, but as the Secretary of State has just referred to my amendment, I will take that liberty. Will he just acknowledge one thing? When the Defence Committee recommends a qualified statute of limitations, in the absence of compelling new evidence, on the question of the pursuit of people long after the events concerned, does he accept that that is not the same as an amnesty and should not be ruled out in the same way as people do rule out an amnesty?

[Julian Smith]

I want to take care about prejudging the work that the Government have put in place, cross-Government. As my right hon. Friend is aware, the Prime Minister has set a new focus on this issue, and I am sure he will be inputting into that. I will be working, along with the Ministry of Defence and the Cabinet Office, to move that issue forward.

I absolutely recognise the sentiment and the principle underpinning the amendments on legacy, and I recognise the strength of feeling across this House on this matter. We have been clear that the current system for dealing with the legacy is not working well, and we will move forward in the ways I have discussed. While we want to find a better way to address these issues, to do so through the presumption of non-prosecution would pose a range of challenges and may not provide a complete solution to the issues at play.

A presumption of non-prosecution in the absence of compelling new evidence is likely to need to be applied to everyone involved in troubles-related incidents, including former terrorists. However, implementing these provisions would not remove the obligations under domestic criminal law and international obligations under the European convention on human rights for independent investigations of serious allegations. With regards to troubles prosecution guidance, hon. Members will of course be aware that criminal investigations are carried out independently of the Government. Prosecutorial decisions and the guidance that underpins them are devolved matters in Northern Ireland.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I apologise for interrupting the Secretary of State in mid-flow, and I know people want to get on. However, as someone who served over in Northern Ireland—and following the question from our right hon. Friend the Member for New Forest East (Dr Lewis), which he stepped around—may I repeat this back to him? Even though he is reiterating the issues about criminal prosecutions and other jurisdictions, the point still remains, as my right hon. Friend said—this is what people have been asking for—that we should not just bring somebody in on the basis of a trawl in the hope that something new will turn up. The issue is that having to have compelling evidence to pursue an individual is critical. That does not impact on any criminal activities or any effective future prosecutions, because they would face the same issue.

[Julian Smith]

I think my right hon. Friend, who has spoken very persuasively on this issue for many years, makes some important points, but I return to the fact that the Government are looking at all these issues in our cross-Whitehall review.

In Northern Ireland, just as in England and Wales, prosecutorial decisions are made independently of Government. The Director of Public Prosecutions for Northern Ireland is not under the superintendence of the Attorney General for Northern Ireland. The Director of Public Prosecutions has a consultative relationship with the Attorney General for Northern Ireland, but the former cannot be compelled by the latter. This feature of the relationship between these key figures is an important component of the devolution settlement in Northern Ireland, and it is not within the UK Government’s powers to direct the Attorney General for Northern Ireland or the Director of Public Prosecutions for Northern Ireland. Members will be aware that what is central in these cases is not how an individual came to have a weapon, but what they did with it, and it is for the courts, not the Government, to determine innocence and guilt.

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

Does the Secretary of State accept that in Northern Ireland we have an abnormal situation, as all state-related deaths have been referred to the criminal justice system for examination? That does not happen elsewhere in the United Kingdom, so in those exceptional and abnormal circumstances, we need to find a solution to support those who served this country on the front line in Northern Ireland during the dark days of the troubles.

[Julian Smith]

I accept the hon. Lady’s point, but I return to the fact that the ways to achieve the sorts of things that she is discussing are much more complex.

The Government are committed to finding practical, sustainable and workable solutions to establish an improved system that works better for all and ensures that soldiers and former police officers who risk their lives to maintain peace and order and to keep others safe are treated fairly.

On abortion law, if an Executive is not formed by 21 October, the Government have a duty to make the necessary regulations. As I have set out, it is the Government’s preference that any questions of reform on these important, sensitive and devolved issues are considered in the right place by a restored Executive and a functioning Assembly. However, we recognise that a majority of MPs want to ensure that reform happens if we continue to see an absence of devolved government. From 22 October, the specific criminal law in Northern Ireland will fall away, and a criminal moratorium on prosecutions will come into place. I have instructed my Department, working closely with the Department of Health and Social Care and the Government Equalities Office, to develop an appropriate new legal framework that will be in operation by 31 March 2020 if that proves to be the case.

[Ian Paisley]

Does the Secretary of State realise that the legacy of what he has announced is complete and total legal chaos from 21 October to March next year? There will be no regulatory framework in place, and anything goes when it comes to the termination of the lives of innocent children. Is that the legacy that he wants? Is that the blood on the hands that he wants?

[Julian Smith]

I shall return that directness to the hon. Gentleman. If the parties get their act together, there can be a Northern Ireland solution to this issue. The challenge for the Government is that there was a free vote in the House that, under law, we need to respect.

As part of that, we have undertaken work to analyse the range of information and examples, both international and domestic, on these reform issues, because we have committed to consult carefully on this sensitive matter, and I shall update the House as soon as possible.

[Sammy Wilson (East Antrim) (DUP)]

Does the Secretary of State accept that while it may be for the parties in Northern Ireland to try to get the Assembly up and running again, there is every incentive on those who pushed Members of Parliament to put through this draconian abortion legislation not to get the Assembly up and running before the law comes into force? He cannot run away and hide behind the statement, “It is up to the parties in Northern Ireland,” as one party that is essential to the setting up of the Administration does not want the responsibility of giving the opportunity to the Assembly to overturn the legislation.

[Julian Smith]

I accept that these are highly emotive and sensitive issues. I accept that the House, having spoken, needs, wants and demands that we act. The consultation that my Department will put in place will be extremely sensitive to many of the issues that have been outlined tonight, but I return to the fact that I will do everything that I can in my power to get the Executive up and running because I strongly believe that for this issue and for many other issues that I have discussed tonight, getting Stormont up and running is the best way to address these matters.

[Diana Johnson (Kingston upon Hull North) (Lab)]

I am very interested in the consultation that will take place. Will the Secretary of State confirm that organisations such as the Royal College of Obstetricians and Gynaecologists, the Royal College of Midwives, the Royal College of General Practitioners and the Royal College of Nursing will be consulted as part of those deliberations?

[Julian Smith]

They will be, but again I want and hope that we can get this issue addressed within Northern Ireland and by Northern Ireland political leaders.

I welcome the opportunity to open these issues up for debate in the House. The range of issues, largely on devolved matters, demonstrates how important it is to restore the Executive. That is why I will strive, over the coming days and weeks, to encourage the political parties to go back into the Executive and to start working for the people of Northern Ireland again as soon as possible.

--- Later in debate ---

[Tony Lloyd]

I have some difficult news for the right hon. Gentleman. The disillusionment in democratic institutions stretches across all communities in Northern Ireland, including in his constituency. I talk to those people. Those who want to see Stormont working are desperately worried that the politicians—all politicians from all backgrounds—are not making the necessary progress.

I will conclude, because other Members want to speak. I want to finish by putting some specific points to the Minister. Prorogation has made it difficult for this House to make the decisions it will have to make. We will come back here on 14 October, and between then and 31 October, if we have no deal, we will have 11 sitting days. Some of those will be taken up by the Queen’s Speech. The Secretary of State rightly promised the House regular updates. The first will take place before the House returns. We need those updates to be meaningful to reassure not simply this House but the people of Northern Ireland that there is a plan and a strategy to move this forward. We need to know—the Opposition will co-operate with the Government on this—that there is the capacity to make the legal decisions that will be necessary to move the situation forward, but they have to be the right decisions and there has to be dialogue across the Chamber and an exchange of information.

There also has to be—this is really important—a maintenance of the dialogue between Dublin and London, so that when we take action here we know there will be support from the Government in Dublin so that people from all communities can be reassured that a concerted effort is being made to bring this situation to an end.

[Julian Smith]

I thank the hon. Gentleman for the remarks that he has just made, which I think were very responsible. I hope not to have to come back to discuss these matters with him, but I want to put on record my thanks for his comments.

[Tony Lloyd]

I am grateful to the Secretary of State, because I am confident that he meant what he has said. I hope that, between us, we can see a move away from a no-deal Brexit, but in the event that that does not happen, we must ensure that we work together to avoid a catastrophe that would be disastrous not only for the economy but for the people and the future of Northern Ireland.

Northern Ireland

Julian Smith Excerpts

Thursday 5th September 2019 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will respond to the urgent question of which I have given prior notice?

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

First, I thank the hon. Gentleman for his constructive work over the summer on a range of issues, including those relating to Harland and Wolff. Secondly, may I remind Members that I have been held captive in the Whips Office for over three years and that this is therefore my first Dispatch Box appearance? I have to be honest and say that I am very grateful not to be the Government’s current Chief Whip.

As is my duty under the Northern Ireland (Executive Formation) Act 2019, I will publish a report on or before 9 October to update on progress. Throughout the period ahead, I will be doing everything I can to support and encourage talks to succeed. Democratically elected politicians in Northern Ireland are best placed to take the decisions needed to support hospitals, schools and the police. I have seen the excellent work of civil servants in Northern Ireland over the last few weeks, but of course they cannot take the proactive decisions that are needed on public services or the economy in the run-up to 31 October. If we cannot secure the restoration of an Executive, we will pursue the decision-making powers that are needed at the earliest opportunity.

[Tony Lloyd]

I welcome the Secretary of State to his role and his appearance at the Dispatch Box. He will know that Northern Ireland is in a unique position in the United Kingdom: it has no devolved Government, nor does the Secretary of State or any member of the UK Government have powers to deliver the kind of transformation that is needed. I know from my conversations with senior members of the Northern Ireland civil service that they are frustrated by their inability to make the decisions—whether on health, education or the issues that we now face—that Northern Ireland so desperately needs.

In that context, we face the Prorogation of Parliament and the possibility—I accept it is a possibility—of a no-deal Brexit and a general election coming fast down the track. The Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 will expire some time in October, and I have a number of specific questions that I need to put to the Secretary of State about the good governance of Northern Ireland.

The first examines the question of Prorogation. We know that we face the possibility of Prorogation next week and that that provides enormous challenges in terms of governance. Yes, if we can see Stormont back in operation, that will achieve what we need, but does the Secretary of State accept that there are real dangers during a period of Prorogation, in terms of the governance of Northern Ireland? Will he tell the House precisely when he was consulted about Prorogation? What advice did he give to the Prime Minister and other members of the Government?

Turning to a no-deal Brexit, the now Chancellor of the Duchy of Lancaster, the right hon. Member for Surrey Heath (Michael Gove), told the House before the summer that in the circumstances that it “voted for no deal”, or in any case, if there were no deal, “we”—the Government—

“would have to start formal engagement with the Irish Government about…providing strengthened decision making in the event of that outcome. That would include the real possibility of imposing a form of direct rule.”—[Official Report, 13 March 2019; Vol. 656, c. 391.]

The Foreign Secretary told the “Today” programme that direct rule would require legislation and made it quite clear that the Secretary of State for Northern Ireland would need to follow that up. Does the Secretary of State accept that some form of direct governance—of direct accountability—would be necessary in the event of a no-deal Brexit? Can he tell us what steps he is taking?

Finally, in any part of the United Kingdom we expect the security of our people to be paramount. There will be some real questions about making sure that the Police Service of Northern Ireland has the resources that it needs. Will the Secretary of State tell the House how he intends to make sure that the allocation of those resources ensures that the PSNI has the resource base and numbers that it needs? If this were your constituency, Mr Speaker, or Rochdale, Skipton and Ripon, Wales or Scotland, this situation would not be allowed to happen. I hope that the Secretary of State shares my view that this cannot be allowed to frustrate and put Northern Ireland in a position of discomfort, or worse.

[Julian Smith]

The hon. Gentleman asks about dangers. I think I have been very honest with the House that powers are needed to ensure, not only in the current situation, where civil servants across Northern Ireland are making difficult decisions without political direction, but obviously in the run-up either to a deal or no deal, that the very tricky decisions can be made, and I am sure that those will have to be made at pace.

The hon. Gentleman asks about the legal advice on Prorogation. It was not something that I or my Department was involved in. That was a matter for the Attorney General. As Parliament is aware, the Cabinet was updated shortly before the decision was announced.

On what happens if the talks do not succeed in time, again, I have been clear that we need to have powers at the earliest opportunity because some of the challenges that will emerge will do so fairly soon, but we have to operate in the environment governed by the Good Friday agreement. On that point, certainly in the discussions that I am having with the Irish Foreign Secretary on the talks, the relationship is very positive.

The hon. Gentleman asked about the PSNI. As he will be aware, the PSNI has gained about £20 million of additional funding. However, when we look at how we direct funding and make those decisions, we see that, to ensure that a large and important part of our country is not left ungoverned at a difficult time, we do need powers to be in place.

[Several hon. Members rose—]

[Simon Hoare (North Dorset) (Con)]

I echo entirely the concerns of the shadow Secretary of State. My right hon. Friend’s commitment to Northern Ireland is not in question, but the impression coming out of some sections of the Government is that Northern Ireland could easily now be collateral damage, so may I ask him a specific question? He referred to the Attorney General’s legal advice on Prorogation, which he will have seen. Did it make specific reference to the unique and pressing needs of Northern Ireland and how they might be attenuated as the Prime Minister set out his strategy, and if not, why not?

[Julian Smith]

It would obviously be inappropriate for me to discuss the details of that legal advice in the House, but suffice it to say that I have indicated that, to preserve the rights of citizens in Northern Ireland, we need to get Stormont up and running again or, failing that, ensure that powers are in place to protect those rights, jobs and the economy and the commitments made by the Irish and UK Governments on the Good Friday agreement.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

The impact of no deal on the devolved nations has been well documented, with Northern Ireland at particular risk owing to the border. Reports that the Government are trying to row back from their 2017 joint report commitments are deeply concerning. Do the UK Government not see that this particular game of brinkmanship that the Prime Minister is playing could have catastrophic consequences for the people on Northern Ireland, and will the Secretary of State now commit to ensuring that no deal is taken off the table? Such moments press home more clearly than ever the need for Northern Ireland to have a functioning legislature, so what progress has been made over the summer to ensure that Stormont is reconvened at the earliest opportunity?

Finally, the Prime Minister said that he had not decided to prorogue Parliament, but we have now learned from evidence in Scotland’s Court of Session that, in reality, he had already signed off on Prorogation in his red box. Can the Secretary of State tell us why there is such a disconnect between the Prime Minister’s words and his actions?

[Julian Smith]

On the question of deal versus no deal, my job is to lead the efforts for Northern Ireland to prepare for no deal, but I could not be clearer in my mind that a deal is in the best interests of Northern Ireland. As for the talks, we have issued the report outlining what occurred over the summer. These have been at a differing pace throughout the summer. There have been good talks. The issues are important, but not insolvable. I again pay tribute to Simon Coveney and officials for the work that has been done over the summer to get us to a point where we are not far from the finishing line, if the parties want to push forward.

[Karen Bradley (Staffordshire Moorlands) (Con)]

I join the shadow Secretary of State in expressing concern about the impact that Prorogation may have on the people of Northern Ireland. Can my right hon. Friend the Secretary of State—I welcome him to his new post and wish him every success—ensure that during Prorogation the Government will not stop working for those who need redress, and by that I mean the victims of historical institutional sexual abuse and those who were severely physically or psychologically disabled during the troubles through no fault of their own? They need redress and they need it urgently. Can he assure me that he will deliver that?

[Julian Smith]

May I first pay tribute to my right hon. Friend, who did an exceptional job as Secretary of State for Northern Ireland. She will know of the trauma that victims have suffered. It is now three years since the Hart report was published, and the work that she did means that the Bill could now be presented at the earliest opportunity. I hope that we will get that into the Queen’s Speech and ensure that we solve the issue once and for all.

[David Hanson (Delyn) (Lab)]

In the absence of a Stormont Government, and in view of the potential difficulties arising from no deal, will the Secretary of State clarify who will make decisions during that period and tell us what discussions he has had both with the political parties and the Irish Government about the implications of direct rule?

[Julian Smith]

I strongly believe that getting the talks up and running, and getting Stormont up and running, is in the best interests of Northern Ireland and is the best route for decision making. Obviously, along with Cabinet colleagues, I am considering alternatives should that fail, but we have to try to get Stormont up and running.

[Mr David Lidington (Aylesbury) (Con)]

I welcome my right hon. Friend to his responsibilities. Does he agree that it would be frankly unconscionable for any Government to lead us into a no-deal Brexit in which the Northern Ireland civil service lacked the legal powers and authority to cope with those circumstances? Does this not point to the need for legislation to be introduced and enacted before the end of October?

[Julian Smith]

I think it is vital that, first and foremost, we get the talks up and running. If that does not work, we must establish powers to ensure that we are making all the decisions in the best possible way for the citizens of Northern Ireland.

[Nigel Dodds (Belfast North) (DUP)]

I welcome the Secretary of State and his ministerial team to their posts. We look forward to working with them in the days and weeks ahead.

Let me reiterate our commitment to getting Stormont up and running as quickly as possible, although I welcome the concentration on the need for direct decision-making powers to be taken in the event that that is not possible. As the shadow Secretary of State said, it is extremely important that Northern Ireland is not left, uniquely, in the terrible position of having no one in charge during these critical days.

Does the Secretary of State welcome the publication of remarks made by the Foreign Minister of the Irish Republic yesterday, in which he indicated that in the event of no deal there would no checks or infrastructure on the border? We should build on that, because there is room for progress towards securing a deal, which we all want.

[Julian Smith]

I thank my right hon. Friend for his kind remarks. Thankfully, the EU negotiations are not my responsibility, but I do think that a deal is in the best interests of Northern Ireland.

--- Later in debate ---

[Mr Owen Paterson (North Shropshire) (Con)]

Everyone in the House supports the Belfast agreement, and everyone in the House would like to see the institutions up and running again, but we cannot bludgeon one party into co-operating, and in the meantime outcomes are deteriorating for our fellow citizens. The Bengoa report was published in October 2016. While he is looking at this, will the Secretary of State also consider what powers he could take to benefit every citizen in Northern Ireland?

[Julian Smith]

I know from visiting hospitals and schools that my hon. Friend is absolutely right. For too long, public servants have been having to make decisions that should have been made by politicians. I must be frank with the House. The powers that I have—the powers that are available for decision making—are extremely limited, and that is why it is a priority for us to get Stormont up and running.

[Mr Speaker]

Lady Hermon: a single sentence, I think.

[Lady Hermon (North Down) (Ind)]

Of course, Mr Speaker.

The Secretary of State—whom I warmly congratulate on his appointment, while also thanking his predecessor—will know from the very angry and concerned representations that I have already made to his office that I am extremely worried and annoyed that a statutory instrument which governs key appointments to a range of bodies in Northern Ireland—including appointments of QCs—has been put in jeopardy by Prorogation. I need a commitment, a guarantee, from the Secretary of State today that that statutory instrument will be debated in the House on Monday, or on Tuesday, but certainly before Prorogation. It affects people’s lives in Northern Ireland, and the Secretary of State has a responsibility to protect those lives.

[Julian Smith]

I hope to table a motion for the statutory instrument early next week.

[Mr David Gauke (South West Hertfordshire) (Ind)]

It is clear from what my right hon. Friend is saying that if we have a no-deal Brexit and Stormont is not up and running, to protect the rights of Northern Ireland, we need to take powers; to take powers, we need to legislate; and to legislate, the House needs to be sitting. Is it not also clear that if the House does not pass that legislation by the end of October because it has been prorogued or dissolved, the rights of the people of Northern Ireland will be detrimentally affected?

[Julian Smith]

Again, the priority has to be getting Stormont up and running. I have been honest and open to the House about the need for powers, and clearly my right hon. Friend is right that at the very heart of the need for those powers are the rights of citizens in Northern Ireland.

[Ian Paisley (North Antrim) (DUP)]

Is the Secretary of State sickened already by people talking up the dangers—almost cheerleading and willing on the problems instead of helping to find solutions? When will the Secretary of State be able to bring forward a report or a Bill on institutional historical abuse cases, which was promised before the recess?

[Julian Smith]

I hope we will be introducing that in the coming weeks.

[Dr Julian Lewis (New Forest East) (Con)]

Will the Secretary of State confirm that there are no circumstances, including a no-deal Brexit, under which the British Government would erect a hard border on the island of Ireland?

[Julian Smith]

We are fully committed to no hard border between Northern Ireland and Ireland.

[Jim Shannon (Strangford) (DUP)]

In the Sunday papers at the weekend, there were indications that dissident republicans are contacting experienced bomb makers in the IRA to make a spectacular big bomb. What is being done to prevent dissident republicans from making contact with the bomb makers, to ensure that those bombs never happen in Northern Ireland or anywhere in the United Kingdom of Great Britain and Northern Ireland?

[Julian Smith]

The PSNI and the security services have done an exceptional job over the summer. I pay tribute to them and their families, because people are trying to kill them—that is on the increase and certainly was over the summer. I have decided to convene a weekly security meeting that includes the PSNI to make sure that in the coming weeks and months I am apprised on a regular basis and meeting those people who are leading these teams putting their lives on the line.

[Sir Henry Bellingham (North West Norfolk) (Con)]

In congratulating the new Secretary of State, may I ask him what he plans to do about stopping the relentless hounding of Army and police veterans in respect of alleged historical crimes when most of the evidence has disappeared? What is he going to do about it?

[Julian Smith]

As my hon. Friend will have seen from the report we laid yesterday and from the comments the Prime Minister has made, there has been a new cross-Government effort to ensure that we look at this issue. I know that he has raised this issue many times in this House, and I hope he welcomes the fact that the Government accept that the current situation is not working and that we need to relook at and revisit this area. I and a number of my right hon. Friends in the Cabinet are doing so and look forward to reporting to the House in due course.

[Several hon. Members rose—]

--- Later in debate ---

[Julian Smith]

The Cabinet was updated immediately before the decision; the hon. Gentleman will have to ask others about the first part of his question.

[Nigel Mills (Amber Valley) (Con)]

The Northern Ireland civil service was clear that a decision to extend the welfare mitigation package was needed this autumn or else it would have to start taking alternative measures to advise Northern Ireland recipients of them on what action they should take. Has the Secretary of State got a plan to extend the welfare mitigations in the near future?

[Julian Smith]

My right hon. Friend the Secretary of State for Work and Pensions was in Northern Ireland last week. I continue to work with her and she is actively involved in looking at the issue of welfare not only in Great Britain but across Northern Ireland.

[Sammy Wilson (East Antrim) (DUP)]

Does the Secretary of State agree that the actions of the Labour party yesterday in forcing through the pro-EU anti-democratic surrender Bill will make it more difficult for the Government to reach an agreement with the EU and therefore produce a situation in which direct rule is likely? Will he give an assurance that he will not shy away from the decision that should, quite frankly, have been made a long time ago?

[Julian Smith]

We have to focus on getting a deal for Northern Ireland. That is my priority in supporting the Prime Minister, and that is his priority. Let us get Stormont up and running. That will solve many of the issues that we are concerned about today.

[Mr Speaker]

My apologies to the right hon. Member for Old Bexley and Sidcup (James Brokenshire). If I had seen him earlier, I would have called him earlier, but it is a pleasure to call him now.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

Thank you, Mr Speaker. I congratulate my right hon. Friend on his appointment. It is a privilege to serve in office and I wish him all success with his role. He highlighted in his written statement yesterday the need to intensify negotiations with the parties. That is the way to avoid legislation being needed. Perhaps he could set out what form he expects that to take.

[Julian Smith]

As I mentioned earlier, we have been having good discussions over the summer. I met the Irish Foreign Minister last Friday and we will be meeting again this Friday. I hope to push forward, with him, on working with the parties to get into a position where we have the best possible opportunity to get Stormont up and running.

[Ruth Jones (Newport West) (Lab)]

We heard from the hon. Member for North Down (Lady Hermon) yesterday about the Prime Minister’s failure, to date, to meet the Taoiseach, so what engagement on Prorogation has there been with the Irish Government in their capacity as co-guarantors under the Good Friday agreement?

[Julian Smith]

I meet the Irish Foreign Minister regularly, but I have not discussed the issue of Prorogation.

[Maria Caulfield (Lewes) (Con)]

I welcome my right hon. Friend to his place. I am pleased to see that he is committed to legislation for victims of institutional abuse being in the Queen’s Speech. Can he commit to that legislation coming to this place before the end of year?

[Julian Smith]

Yes, I can.

[Diana Johnson (Kingston upon Hull North) (Lab)]

If we prorogue and then move to Dissolution and Stormont is still not sitting, what will happen to the provisions of the Northern Irish Bill that repeal sections 58 and59 of the Offences Against the Person Act 1861 after 22 October?

[Julian Smith]

Those provisions remain.

[Craig Whittaker (Calder Valley) (Con)]

Just this week, Northern Ireland has received over £400 million extra in the spending review. Does my right hon. Friend agree that the people of Northern Ireland will get far better value for that money in all areas of spending by having the Assembly up and running?

[Julian Smith]

My hon. Friend is absolutely right about the £400 million, but we need a political decision making body, the Executive, to ensure that it is directed in the best interests of Northern Ireland citizens.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

The Secretary of State’s former boss instigated a review into the Home Office forcing British identity on those who identify as Irish, such as Emma de Souza back in February. Can the Secretary of State advise the House whether his new boss has binned that review? If not, why not, and when will he publish it?

[Julian Smith]

It is vital that this House continues to respect the dual citizenship components that the hon. Gentleman talks about and ensures that they are preserved. The review is taking place, and I have made strong representations. The Government are fully committed to the Good Friday agreement obligations.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The Prime Minister says that a hard border can be avoided by the use of existing technology, so can the Secretary of State explain what technology can check passports, visas and customs arrangements for goods without so much as a camera at the border?

[Julian Smith]

The Government are fully committed, as are the Irish Government, to the common travel area in all deal and no-deal scenarios.

[Tony Lloyd (Rochdale) (Lab)]

On a point of order, Mr Speaker—

--- Later in debate ---

[Mr Speaker]

Does the Secretary of State wish to respond?

[Julian Smith]

indicated dissent.

[Mr Speaker]

He does not wish to respond. Okay. The point of order has been heard. It is not a matter for adjudication by the Chair, but I want to say to the Secretary of State that the concern that has been expressed on this matter on both sides of the House, including by a number of former Northern Ireland Secretaries, will have registered very firmly with the right hon. Gentleman, and more must be heard about this matter ere long. We need to be absolutely crystal clear on that point. Nothing can get in the way of the provision of proper information to the House on this matter, as the Chair of the Select Committee and many others have emphasised. No one should think that that can be averted. It cannot be, and it will not be.

NI (Executive Formation and Exercise of Functions Act): Report

Julian Smith Excerpts

Wednesday 4th September 2019 Written Statements

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

This statement is issued in accordance with section 4 of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 (“the Act”). Section 4 of the Act requires that I, as Secretary of State for Northern Ireland, report on a quarterly basis on guidance issued under that section of the Act, and report on how I plan to address the impact of the absence of Northern Ireland Ministers on human rights obligations within three months of the day the Act was passed.

The Act received Royal Assent on 1 November 2018. Following careful consideration of the sensitive issues section 4 deals with, and in consultation with the Northern Ireland civil service, guidance under section 4 was published on 17 December 2018.

The guidance notes that it does not, and cannot be used to, change the current law on abortion or same-sex marriage in Northern Ireland. Both issues remain devolved matters in Northern Ireland. The guidance provides that all relevant Northern Ireland Departments should continue to have regard to all of their legal obligations, including the Human Rights Act 1998 and sections 24 and 75 of the Northern Ireland Act 1998, in exercising any relevant functions in relation to abortion and same-sex marriage.

Two reports required under section 4 have been published as written ministerial statements on 30 January 2019 and 1 May 2019.

I have consulted the head of the Northern Ireland civil service in the preparation of this report. He has reaffirmed the continuing commitment of the NICS to have regard to their legal obligations when exercising any relevant functions in relation to abortion and same-sex marriage.

The Government’s preference remains that any change to law on either of these sensitive devolved issues is taken forward by a restored Executive and functioning Assembly. It remains the hope that devolved government can be restored at the earliest opportunity through the current talks process.

However, we recognise the strength of feeling on same-sex marriage and abortion law reform demonstrated by a majority of MPs supporting the addition of sections 8 and 9 to the Northern Ireland (Executive Formation etc) Act 2019. These sections require the Government to regulate in order to provide access to abortion services and same-sex marriage (and opposite-sex civil partnerships) in Northern Ireland, if there is no restored Executive by 21 October 2019.

There are a range of sensitive policy issues that need to be carefully addressed on both issues. We will work with relevant Whitehall Departments and the Northern Ireland civil service to take all necessary steps between now and 21 October 2019 to ensure that, if the Executive has not been restored by that date, relevant regulations can come into force in accordance with the timescales specified in the Northern Ireland (Executive Formation etc) Act 2019.

[HCWS1816]

NI (Executive Formation etc) Act: Reports

Julian Smith Excerpts

Wednesday 4th September 2019 Written Statements

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

I am today formally laying in the House, under section 3 of the Northern Ireland (Executive Formation etc) Act 2019, reports on progress towards forming an Executive and other matters.

Northern Ireland has been without a sitting Assembly and Executive since January 2017. Since becoming Secretary of State for Northern Ireland I have made working to restore the devolved institutions my absolute priority.

Whilst significant gaps remain on rights, identity and culture, the Government’s assessment is that the range of outstanding issues in the cross-party talks is relatively narrow.

This means it should prove possible—with intensive engagement—to resolve the strands of talks on the programme for government, transparency and sustainability relatively swiftly. There has been good engagement too on the petition of concern.

While the parties remain engaged and are demonstrating a willingness to find solutions to the remaining critical issues, a renewed determination to find agreement will be needed if the process is to conclude in the coming weeks.

Northern Ireland needs a restored Executive and the political leadership that would bring. The UK Government, working closely with the Irish Government in accordance with the three-stranded approach, will now intensify our efforts to put forward compromise solutions to the parties. If that does not succeed, then my next update to the House will set out next steps to ensure adequate governance in Northern Ireland and the protection of the Belfast (Good Friday) agreement.

The reports I have laid in the House today also address other critical issues for Northern Ireland. These include a report on the progress of implementing the recommendations made by the report of the inquiry into historical institutional abuse in Northern Ireland. I want to pay particular tribute to the survivors I have met, who waited so long for acknowledgment and accountability for the appalling abuse that they suffered. Good progress has been made on drafting legislation to deliver redress for the survivors, and I will continue to press for a slot to introduce the legislation at Westminster as soon as possible.

I have also laid a report setting out next steps on abortion in Northern Ireland. The Government acknowledge that this is a highly sensitive subject, and I continue to believe it would be better in principle if it could be addressed by the democratic institutions in Northern Ireland.

Given the very long and drawn-out cross-party talks process, the House spoke clearly in July this year. There are now legal obligations for the Government to deliver change to the law on abortion in Northern Ireland in the event that the Executive is not restored. The Government will update the House and the public regularly on the steps it is taking, mindful that the legal obligation will be triggered from 21 October in the absence of an Executive. This will result in the repeal of the relevant criminal law in Northern Ireland [sections 58 and 59 of the Offences against the Person Act 1861], and a moratorium will also come into effect on that date, meaning that no criminal investigation may be carried out, and no criminal proceedings may be brought or continued after this time.

By no later than 31 March 2020, a new legal regime allowing for lawful access to abortion services, implementing the recommendations of the 2018 Committee on the Elimination of Discrimination against Women (CEDAW) Report, will be in place.

The full list of reports is as follows:

Gambling

Human trafficking

Victims’ payment

Historical institutional abuse

A single report covering:

Executive formation

Transparency of political donations

Higher education and a Derry university

Presumption of non-prosecution

Troubles related guidance

Abortion law review

Armed forces covenant

Definition of a victim

Both Houses will debate the motions on the first reports relating to the Northern Ireland (Executive Formation etc) Act 2019.

[HCWS1815]