All 2 Karen Bradley contributions to the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018

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Wed 24th Oct 2018
Northern Ireland (Executive Formation and Exercise of Functions) Bill
Commons Chamber

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons

Northern Ireland (Executive Formation and Exercise of Functions) Bill Debate

Full Debate: Read Full Debate
Department: Northern Ireland Office

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Karen Bradley Excerpts
Karen Bradley Portrait The Secretary of State for Northern Ireland (Karen Bradley)
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I beg to move, That the Bill be now read a Second time.

I inform the House that the noble Lord Caine, who will be well known to many Members of this House, cannot be with us because, sadly, his father passed away this morning. I am sure that we will all join together in sending our condolences to him and his family. We send him, and his mother in particular, our very best wishes. [Interruption.] Lord Caine.

Karen Bradley Portrait Karen Bradley
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Yes, Jonathan to you, Mr Speaker, I am sure.

I begin by inviting the House to join me in remembering those who lost their lives in the horrific Shankill Road bombing, the Greysteel massacre and the series of attacks that followed. These atrocities took place 25 years ago, but their effects are still felt by those who lost loved ones and by the dozens of people injured. Those who lost their lives will never be forgotten. People from across the community in Northern Ireland suffered in those dark days, and we must not forget that suffering.

When the people of Northern Ireland voted, by a huge majority, in favour of the Belfast agreement, they voted for a shared future in which no one would have to experience the suffering and loss that took place during the troubles. None of us in this House should forget, or underestimate, what was lost before the Belfast agreement, or what has been achieved since.

The Government remain completely and unequivocally committed to the Belfast agreement, not just because of what it stands for, but for what it has delivered for the people of Northern Ireland. At the heart of that agreement is a devolved power-sharing executive Government, and restoring that Executive remains my top priority. Northern Ireland needs devolved government. It needs all the functioning political institutions of the Belfast agreement and its successors. The only sustainable way forward lies in stable, fully functioning and inclusive devolved government. As Secretary of State, achieving this aim is my absolute priority.

The Bill delivers on a number of commitments that I set out in my last statement to the House on 6 September. It is an important step towards our goal of restoring the devolved power-sharing Executive and Assembly. It seeks to provide for a fixed period in which an Executive can be formed at any time. It provides the space and time for this Government to continue our engagement with the political parties in Northern Ireland, and with the Irish Government where appropriate, so that we can renew the talks process, with the shared aim of restoring devolved government at the earliest possibility. The Bill also provides the Northern Ireland Departments with the certainty and clarity they need to continue to deliver public services during this fixed period.

Fiona Bruce Portrait Fiona Bruce (Congleton) (Con)
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Will the Secretary of State confirm that the Government’s purpose in bringing forward the Bill is limited to ensuring that administrative functions in Northern Ireland continue efficiently, and that it is not about deciding on key devolved policy issues, which are more properly decided on by the people of Northern Ireland and their elected, accountable representatives?

Karen Bradley Portrait Karen Bradley
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My hon. Friend sums up very well the intent of the Bill. It will enable civil servants to continue to run public services; it will not make them law makers. They will not have the power to change policy decisions, but they will have the ability to continue to make decisions. That is why the Bill is a matter for urgent debate, and why it is emergency legislation. Without the Bill, there would be a danger of essential public services in Northern Ireland not being delivered. That is why the Government have brought it forward.

The Bill does not give civil servants any new powers; rather, it gives clarity on the exercise of their existing powers in the absence of Ministers. It will be underpinned by supporting guidance that provides a framework for decision making for Northern Ireland Departments when a judgment is being made on whether those existing powers should be used in the absence of Ministers.

Lady Hermon Portrait Lady Hermon (North Down) (Ind)
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As the Secretary of State is well aware, the date of 26 March 2019 appears in clause 1. I am sure people are intrigued to know why that date—three days before we Brexit—was chosen.

An agreement would have to be reached by the Democratic Unionist party, whose Members are here, properly take their seats in Parliament, and work assiduously on behalf of their constituents, and Sinn Féin MPs, who absent themselves and do not take their seats. Will an agreement between Sinn Féin absentee MPs and the DUP have to be arrived at by 26 March next year?

Karen Bradley Portrait Karen Bradley
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I will—[Interruption.] I am not having a good day, am I? [Interruption.] I thank the hon. Member for Ealing North (Stephen Pound); he is such a gentleman, as I am sure we all agree. [Interruption.] Better still, he is ensuring that I do not waste any water.

The date in the Bill was chosen after consultation with all the main parties in Northern Ireland. It is not easy to determine the most appropriate date, but we have chosen the date that we believe gives the best chance for an Executive to be formed, and for meaningful talks to take place.

Lady Hermon Portrait Lady Hermon
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That is very helpful indeed. In fact, it is very succinct, and leaves a lot to the imagination. Will the Secretary of State give just one past example of the DUP or Sinn Féin having met a deadline for political talks?

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

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

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

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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Does the Secretary of State accept that if an Assembly is to come back to Northern Ireland—and we all here support that—the structure of that Assembly has to be right, so that no one party can pull it down?

Karen Bradley Portrait Karen Bradley
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I want to see a fully functioning, devolved Government as we have seen in the past, as that would be best for the people of Northern Ireland, and so that many of the decisions and the policies that right hon. and hon. Members will raise today can be taken in the right place, which is Stormont.

Liz Saville Roberts Portrait Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
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Is cearta daonna iad cearta teanga agus tá cothrom na féinne tuilte ag lucht labhartha na Gaeilge.

Under the St Andrews agreement of 2006, the British Government pledged to introduce an Irish language Act based on the experiences of Wales and the Republic of Ireland. Will the Secretary of State uphold that commitment by introducing an Irish language Act if power-sharing institutions are not restored within six months?

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Liz Saville Roberts Portrait Liz Saville Roberts
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Language rights are human rights and the Irish speakers of Ireland deserve fair play.

Karen Bradley Portrait Karen Bradley
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The hon. Lady is right that the St Andrews agreement includes a political declaration to legislate for an Irish language Act, but it is also clear that once devolved Government restarted in Stormont in 2008, that power became a devolved power for Stormont to legislate on. I support the fact that we have statutory underpinning for many of our indigenous languages. For example, during the 2010-15 Parliament, the Cornish language was granted statutory underpinning, and S4C, which was legislated for by a Conservative Government in the 1980s, has delivered a status for the Welsh language that I am sure the hon. Lady appreciates and enjoys on a regular basis. The important point is that it is a devolved power, and I am sure that as the leader of Plaid Cymru in the House she would not want to see the House undermining the constitutional devolution arrangements that exist across the United Kingdom, or cherry-picking points that right hon. and hon. Members may feel strongly about—and I have great sympathy with much of the strength of feeling—as we have to respect those arrangements.

The Bill will also enable key public appointments to be made in the absence of Northern Ireland Ministers, including reconstituting the Northern Ireland Policing Board. To make it clear to right hon. and hon. Members, a properly constituted Northern Ireland Policing Board is essential for proper governance and accountability, and public trust in policing in Northern Ireland. That is why it is essential that we pass the Bill urgently.

I shall turn to the specifics of the Bill. First, the Bill extends the period provided for in the Northern Ireland Act 1998 for Northern Ireland Ministers to be appointed before the local elections next year. As the House is aware, because Ministers were not appointed by 29 June 2017, the 1998 Act requires a further election before an Executive can be formed. As I set out in my 6 September statement, an election at this time would not be helpful, nor would it increase the prospects of restoring the Executive. The provisions of clause 1 aim to create a period in which an Executive can be formed and talks can take place, by removing that current legal impediment to an Executive being formed for a defined period. Let me be clear about what that means: as things stand, if the parties were able to find agreement and form an Executive, the House would have to pass primary legislation to enable that to happen. During a recess or periods of intense parliamentary activity, we might be unable to find parliamentary time to allow an Executive to form. I do not think that that barrier or impediment to forming an Executive is one that right hon. and hon. Members would want to see, and the Bill will therefore enable an Executive to be formed without the need for primary legislation during the period covered by the Bill.

The Bill also contains a provision in clause 2 that this period may be extended once, for up to five months. That will remove the need for further primary legislation in the event that, for example, Northern Ireland parties have made progress towards a deal, but a short extension is judged necessary to finalise an agreement and form an Executive.

I want to be clear to the House—I will not wait until March to begin efforts to bring the parties together to work towards Executive formation. Following the passage of this legislation, I intend to meet party leaders to discuss the basis, process, and timing for a further phase of talks, and will at all times continue to stress the urgent need to restore devolution. I welcome all efforts to improve political dialogue between the parties in Northern Ireland, including those by church leaders, who I met earlier this month— following their meeting with the parties—to discuss how best to encourage meaningful political engagement towards the restoration of an Executive.

Lady Hermon Portrait Lady Hermon
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I admire the stamina and diligence that the Secretary of State has demonstrated in trying to achieve the restoration of the Assembly since January last year. However, I am intrigued to learn whether the Northern Ireland Office has taken time to assess the unpopularity of the Assembly in Northern Ireland caused mainly, although not exclusively, because the 90 MLAs continue to receive their full salary while not doing a full job. When the Secretary of State announced in September that she would cut MLA salaries, she delayed the cut until November. Can she explain that three-month delay to the people of Northern Ireland who are outraged by MLAs continuing to receive a full salary?

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

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

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

Karen Bradley Portrait Karen Bradley
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Thank you, Mr Speaker. I could not have put it better myself.

The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) makes an important point, in that it is not the fault of Members of the Legislative Assembly that this is the situation. The MLAs I meet regularly want to get back to the Executive and the Assembly, and it is important we recognise that. I also want to put on record once again that I am of course not cutting the pay of any of the staff of MLAs. As we all know in this House, our staff work tirelessly for our constituents, as do the staff of MLAs. They are dealing with casework and constituency matters, and it is quite right that those staff should not be prejudiced against as a result of decisions taken by others.

During the period covered by the Bill, it will be necessary to provide Northern Ireland Departments with certainty about their decision-making powers. Clarity is needed on the decisions that they should or should not make. This follows a recent court ruling against a Northern Ireland Department’s decision to approve a major waste disposal and energy generation facility. The Bill clarifies that a senior officer of a Northern Ireland Department is not prevented from exercising departmental functions in the absence of Ministers during the period for forming an Executive, if the officer is satisfied that it is in the public interest to do so. The Bill also requires that I, as Secretary of State, should publish guidance about the exercise of departmental functions, as I will, of course. That includes principles that senior officers in Northern Ireland Departments may take into account when deciding whether or not to exercise a function, and they are required to have regard to that guidance.

Emma Little Pengelly Portrait Emma Little Pengelly (Belfast South) (DUP)
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I thank the Secretary of State for her engagement on this issue. It will come as no surprise to her if I mention the transport hub, which is in my constituency but of regional significance for Northern Ireland. Will she confirm that the decision hoped for before Christmas is the type of decision that can be made under the terms of this Bill by a senior civil servant in the relevant Department?

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Karen Bradley Portrait Karen Bradley
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I thank the hon. Lady and her colleagues and members of all the main parties across Northern Ireland who assisted in the development of the guidance. Clearly, as Secretary of State I am not able to say what decision a civil servant would make, but we have looked at the kind of decisions and how they might be made. Given that the example she has cited was approved in the programme for government before the Executive collapsed and that Ministers had indicated that they had wanted to see it happen, it is the kind of decision that a civil servant should be able to take on the basis of the guidance as issued.

Owen Smith Portrait Owen Smith (Pontypridd) (Lab)
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The Secretary of State is being very generous in giving way. From reading the Bill and listening to the Secretary of State’s answer, it is very unclear to me precisely which sort of decisions will or will not be enabled under this legislation. Can she give us an example of a decision that would not be allowed to be taken by a civil servant?

Karen Bradley Portrait Karen Bradley
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I was just about to say that I have published a draft copy of the guidance and placed it in the Library of the House so that hon. and right hon. Members can have a clear sense of what it seeks to do. The important point is that throughout my period as Secretary of State—I put on record how supportive the hon. Gentleman was when he was my opposite number of the need to make legislative changes on limited occasions in this House for the essential running of public services—when we in this House have taken decisions and passed legislation, we have been very clear that what we are not doing is changing policy. Policy and legislation cannot be changed by anything in this Bill. It is about allowing civil servants to make decisions that have been part of a policy that has previously been agreed. I suggest that the hon. Gentleman looks at the draft guidance in the Library, and says if he has any suggestions for how the guidance could be strengthened or improved to help civil servants.

I want to be clear: civil servants in Northern Ireland Departments have acted in an exemplary fashion. They have behaved without political cover and without an Executive or Ministers in a way that we should all commend. They have enabled public services in Northern Ireland to continue to be run, and the people of Northern Ireland are continuing to receive their public services. Significant reform is needed in many public services, but this is not about policy decisions on reform. It is about enabling those public services to continue, because the best way to change policy and law in Northern Ireland is for Ministers to be in Stormont making those decisions on behalf of the people who elected them.

Andrew Murrison Portrait Dr Andrew Murrison (South West Wiltshire) (Con)
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Can the Secretary of State say how many legal actions have been initiated in the few days since the contents of clause 3(4), on the retrospective empowerment of civil servants, were made known? I would be grateful for her confirmation or otherwise, but my understanding is that those legal actions that have been initiated will not fall within the scope of the retrospective action that she is seeking to take through clause 3.

Karen Bradley Portrait Karen Bradley
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Perhaps it is best if I write to the Chair of the Select Committee with specific details, although I want to be clear that we have put in a specific reference to decisions taken since the Executive collapsed because we do not want those decisions that have already been taken to be challenged on the basis that once the Bill is in place there is more cover for civil servants. We want to ensure that the decisions that have already been taken are not undone.

Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
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I had the privilege of visiting Lagan College, an integrated school in Belfast, and I would like to take this opportunity to convey to the Secretary of State people’s deep frustration that Stormont is not functioning and their deep frustration about how Stormont functions. Same-sex marriage is an example of a policy that Stormont voted in favour of but was then blocked by a petition of concern. As part of bringing the parties back around the table, is the petition of concern something that the Secretary of State will be encouraging them all to look at again?

Karen Bradley Portrait Karen Bradley
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At the moment I need to get this legislation through, then I can bring the parties together. The hon. Lady is right that the petition of concern was discussed during the last talks process. What I cannot say is what will be discussed in the next talks process.

Paul Girvan Portrait Paul Girvan (South Antrim) (DUP)
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On the question of decisions and what are believed to be non-controversial issues, senior civil servants were not making decisions on the back of the Buick ruling, and I want to ensure that those civil servants will be given the cover, under this legislation, to go ahead and deliver on issues that are not controversial, such as broadband, which needs to be delivered to rural areas.

Karen Bradley Portrait Karen Bradley
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It is precisely because of the uncertainty since the Buick judgment that we are bringing forward this legislation. I do not want to be bringing this Bill forward; I would much rather not be standing here at this Dispatch Box, taking the Bill through the House, because I would much rather that there were Ministers in Stormont making the decisions on behalf of their constituents; but there are not, and faced with the reality of the situation, I have to do what I consider to be best for the people of Northern Ireland, to ensure that their public services can continue, and that civil servants can continue to take the essential decisions in the public interest that they need to take.

It is vital that Members read the guidance alongside the legislative measures, as it clarifies the legal basis for the decisions.

Diana Johnson Portrait Diana Johnson (Kingston upon Hull North) (Lab)
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I just want to be clear in my mind about what the Secretary of State is saying. I understand she is saying that there will be no change in policy and decisions will be made by civil servants in the Departments without changing policy. What happens when, in the absence of an Assembly and an Executive, there is a challenge to the policy—perhaps for being in breach of our international obligations? What happens then to the policy? Who is responsible then for dealing with that?

Karen Bradley Portrait Karen Bradley
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The hon. Lady introduced her ten-minute rule Bill yesterday, and I know she is a campaigner on a particular topic, which I suspect is what she is referring to. This Bill does not make civil servants lawmakers, so they will not be able to change the law—quite rightly. It also does not enable them to take new policy decisions, because it would be wrong to ask civil servants to do so. Civil servants across the United Kingdom act in an incredibly professional and independent way and they follow the decisions and the policy recommendations of Ministers, and it is right that they do that. The answer to the hon. Lady’s question is that we need Ministers in Stormont, because Ministers in Stormont could quite rightly make those decisions. They could change the law, and they could make policy decisions on behalf of the people who elected them, and that is what the Bill is about—enabling us to have the best conditions and framework for talks to recommence, and for the parties to come back together and do the right thing by the constituents who elected them.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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As I understand it, the Bill before us allows vital everyday public services to continue. I wonder whether my right hon. Friend could possibly give us some examples of the types of everyday public services that the Bill will help to continue. I suspect they include health, education and transport—things that we all use every day—and it would give greater clarity to everyone to hear those examples.

Karen Bradley Portrait Karen Bradley
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I would strongly advise my hon. Friend to read the guidance, but she is right: the purpose of the Bill is to enable public services to continue to be delivered; and to enable decisions around infrastructure projects, where there has been clear ministerial direction in the past, to be taken, so that we can see continued economic growth. We have seen incredible economic growth in Northern Ireland over the past 20 years. We have 60,000 more people in employment in Northern Ireland today than in 2010. I want to build on that. I do not want to see Northern Ireland go back. In the absence of an Executive, we are in great danger that Northern Ireland will come to a standstill. We cannot allow that to happen. However, the Bill is about the essential running of public services. It is not about policy decisions or changing the law. It is about enabling civil servants to carry on running those services.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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On enacting existing provisions, would the Secretary of State be able to explain something to me? The Londonderry airport, which is owned by a municipal authority, has got money for public service obligation expansions. It is owed £2.5 million from a previous Executive decision, which was not drawn down last year. Is that the sort of provision, which has already been made, that could be decided under this legislation, and the money paid over?

Karen Bradley Portrait Karen Bradley
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It would not be right for me to answer definitively on any decision that a civil servant may make when this legislation receives Royal Assent, on the basis of the guidance, but the hon. Gentleman makes a very good point about the kind of decision that they may make. I have used Londonderry airport. It is a great airport, and it would be great to see more flights coming into it—and out, of course.

Owen Smith Portrait Owen Smith
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I am a relative newcomer to this place—I have been here only eight years—but I have just been to the Library, the Table Office and the Vote Office, looking for a copy of the guidance that the Secretary of State says she has placed in the Library, and nobody has a copy of it. Would she clarify where it is?

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Karen Bradley Portrait Karen Bradley
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I have received a nod from the Box, which means that it is there, but we will check as to why it was not available for the hon. Gentleman, because he should see a copy of the guidance, given that I have said it is vital that Members read it. The hon. Gentleman on the Front Bench who has great dexterity when it comes to mopping up water—the hon. Member for Ealing North (Stephen Pound)—appears to have a copy, so I hope that copies will be available for others.

The guidance sets out a clear framework to support Northern Ireland Departments in making a judgment on whether those judgments should be made in the absence of Ministers. The Bill stipulates that I must have regard to representations from MLAs before publishing the guidance, which would of course also be the case, should there be any need to revise the guidance. I would welcome representations from MPs as well as MLAs on its content before I publish a final iteration, which I intend to do shortly after the Bill receives Royal Assent.

Those in the Northern Ireland civil service have a difficult task of weighing up which decisions they can take in the absence of Ministers, and I again pay tribute to their hard work and dedication. The combination of the Bill and the proposed guidance will provide a framework to inform their decision making. For example, it is advised that opportunities should be taken to work towards the 12 outcomes published in the 2018-19 outcomes delivery plan, based on the draft programme for government developed in conjunction with the political parties of the previous Executive.

The guidance takes as its starting point the fact that there are certain decisions that should not be taken in the absence of Ministers. Senior officers in Departments will then be obliged to consider whether there is a public interest in taking a decision rather than deferring it. The guidance does not, however, direct the Northern Ireland civil service to take decisions on the wide range of pressing decisions raised by various hon. Members in their amendments to the Bill. As I said earlier, the principle that established our interventions over the past year is that we will legislate when doing so is necessary to protect the delivery of public services and uphold public confidence.

Lady Hermon Portrait Lady Hermon
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Before the Secretary of State moves on, could she please give some hope and encouragement to the victims of historical institutional abuse in Northern Ireland? We know the recommendations of the Hart report, and we understand from David Sterling, the head of the civil service in Northern Ireland, that legislation was drafted by the summertime. If a departmental permanent secretary does not have the power to take forward the Hart proposals, will the Secretary of State please confirm today that legislation will be taken through this House, because the victims are ageing, some of them are dying, and the situation is morally indefensible?

Karen Bradley Portrait Karen Bradley
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This is a matter that I know the hon. Lady feels very deeply about, and it is the subject of one of the amendments tabled by my hon. Friend the Member for South West Wiltshire (Dr Murrison), the Chair of the Select Committee. The difficulty with the Hart recommendations, as the hon. Lady knows, is that they were laid after the Executive had collapsed, and that means we have no ministerial direction on which of the recommendations have cross-party support and which do not. Although, from my discussions with parties, it is clear that everybody wants some action to be taken, it is not clear that there is a consensus in favour of every recommendation. However, I am sure the hon. Lady will be relieved to know that David Sterling has written to me to say that he would like to consult on the recommendations, and I have thanked him for the fact that he is going to do so, because that is something that he can do as a civil servant. Even if he cannot make the final decision on which of the recommendations should be accepted, he can consult on how those recommendations would be implemented, and I welcome that decision.

Emma Little Pengelly Portrait Emma Little Pengelly
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Issues relating specifically to the victims of historical institutional abuse, for whom I think we all feel huge sympathy, have been outstanding for a considerable time. The Assembly collapsed only about a week before the report was due to be published, and that date was known to everyone, but may I suggest that there are other options? For example, we could consider the contributions from the Roman Catholic Church and other institutions that were mentioned in the report. Some work could be done to establish the number of victims who may be able to come forward to claim compensation and redress. It might be possible to consult on a specific scheme, and, rather than just consulting on the recommendations, use the coming weeks and months to make constructive progress in trying to secure justice and redress for the victims.

Karen Bradley Portrait Karen Bradley
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The hon. Lady makes some interesting suggestions. This might be a topic on which we could engage a number of MLAs on a cross-party basis to try to identify where there may be consensus and where there may be recommendations, or other elements, that could be acted on.

The Hart report is an excellent document, and I pay tribute to Sir Anthony Hart, who did a tremendous amount of work. It is right that those victims should receive the justice that is appropriate for them, because they have suffered in a way that they should not have suffered, and all of us in the House feel strongly about that. However, I return to a point that I made earlier. The constitutional settlement is clear, and we cannot cherry-pick the matters about which we feel strongly, on whatever grounds, as matters with which we deal in the House. We have to respect that constitutional arrangement because not to do so would undermine a devolution settlement throughout the United Kingdom, and that would not be the right thing to do.

Lady Hermon Portrait Lady Hermon
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May I urge the Secretary of State please to agree to meet Judge Hart? She has rightly praised the integrity of his work, and the professionalism and dedication of his team. Will she also meet the victims of historical institutional abuse? She personally, as Secretary of State, needs to meet them, and to do so in a timely manner. Will she commit herself to meeting those victims, and also to meeting Judge Hart and hearing directly from him his suggestions about how we could implement his report?

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Karen Bradley Portrait Karen Bradley
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I have met victims of historical abuse and heard their testimony. As the hon. Lady will know, when I served as a Home Office Minister, the issue of child abuse in England and Wales was within my remit, and I met many of those victims.

I do not need to be convinced of the need to do this, but we need to proceed in a way that is right and appropriate and that respects the devolution settlement. I would like to see MLAs engaging and cross-party discussion on a number of matters. This might be an issue on which it would be appropriate for all parties to come together and begin to work so that we can get a dialogue started, so that parties can start to regain trust, and so that we have the best chance of seeing devolution restored and power sharing at Stormont. That is the key issue.

Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
- Hansard - - - Excerpts

The Northern Ireland civil service should be engaging with a range of policy decisions, some of which were outlined by my hon. Friend the Member for Belfast South (Emma Little Pengelly). I was surprised to learn from victims only last week that the NICS was engaging with them on a measure that would establish a commissioner for victims and survivors of historical institutional abuse, and a redress board. I find it encouraging that the NICS is doing that, but I find it discouraging that there has been zero political engagement, political discussion or political direction on how best to make progress with these important matters.

Karen Bradley Portrait Karen Bradley
- Hansard - -

As I have said, I want to see political engagement and political discussion—I think that that is absolutely vital. We need politicians to re-engage—with civil society, with business and with others—and I am heartened by the initiatives that church leaders have taken to encourage them to do so. I want to see more of that, and I am working with those church leaders and other civic groups to that end. I will reflect on that in the context of the inquiry.

Anne Main Portrait Mrs Anne Main (St Albans) (Con)
- Hansard - - - Excerpts

My right hon. Friend is advancing a powerful defence of the reason she is not becoming involved in this particular case, namely the constitutional settlement. Does she not think that bolting on abortion legislation would have the same impact as someone else bolting on the matters that she has just been discussing, and that we really should not be using the Bill as a vehicle for such matters?

Karen Bradley Portrait Karen Bradley
- Hansard - -

As I said, a number of amendments dealing with several matters have been tabled, including one specifically about the Hart report of the historic institutional abuse inquiry. The Bill is not the vehicle for such measures. This is a Bill to enable civil servants to make the decisions that are necessary to enable public services to continue to be run. Officials will not make major policy decisions as a result of the Bill, but they will act in the public interest, and I think that that is very important.

Karen Bradley Portrait Karen Bradley
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I will give way to the right hon. Member for East Antrim, but then I must make progress.

Sammy Wilson Portrait Sammy Wilson
- Hansard - - - Excerpts

Does the Secretary of State accept that while there may be some grandstanding today by Members who want to force into the Bill policies that they particularly want to be implemented in Northern Ireland, against the wishes of the people of Northern Ireland, the Bill will not enable any public official to pursue such policies, regardless of whether an amendment goes into the Bill, because the Bill is not designed to give the powers that would rest with politicians and public representatives to civil servants, and, indeed, it would be unfair to do so?

Karen Bradley Portrait Karen Bradley
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The Bill will enable civil servants to act within the law as it stands today. It will not give them the ability to become lawmakers and to change the law. That is a very important point.

Karen Bradley Portrait Karen Bradley
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I give way one final time because I cannot resist the hon. Gentleman.

Owen Smith Portrait Owen Smith
- Hansard - - - Excerpts

How do I respond to that, Mr Speaker? I grateful to the Secretary of State for giving way one last time. My question is also about Hart. This is not grandstanding; it is pursuing an issue about which many of us—including, I know, the Secretary of State herself—feel very strongly. Is she saying that there is no prospect of legislating in this place to deal with the Hart recommendations, and that that will be done only once the Executive have been restored?

Karen Bradley Portrait Karen Bradley
- Hansard - -

What I am saying is that the Bill does not enable that to be done. I am focusing on ensuring that the Bill becomes an Act of Parliament so that we can use the conditions that it puts in place to get the politicians back. The priority has to be a laser-like focus on getting politicians to agree to come back to restore power sharing at Stormont. That is what is best for the people of Northern Ireland.

Let me repeat that these measures do not set or change policy direction on devolved issues in Northern Ireland. That is rightly for the Executive and the Assembly, and our overriding priority is to see them up and running again. The NICS needs certainty about decision-making powers, and we should not be seeking to direct it on issues that clearly require ministerial decisions.

The various principles are set out in guidance rather than in the Bill, as Departments need a degree of flexibility and discretion to enable them to reach appropriate and necessary decisions, and to ensure the continued delivery of public services in Northern Ireland. That guidance, above all else, must be operable for Northern Ireland Departments if we are to provide the clarity and assurance that are needed to ensure that public services can continue to be delivered in the absence of Ministers. We have engaged closely with the NICS in developing the guidance, and the factual information provided by the NICS strongly informed the approach that we have taken to it.

The Government also recognise that, in the absence of an Executive, there will be some decisions that we should make, for instance in relation to the setting of departmental budget allocations for approval by Parliament to ensure that public services continue to function. As I have told the House before, we remain committed to making the decisions that are necessary to provide good governance and political stability for Northern Ireland. Those are decisions, and actions, that cannot be undertaken without our intervention, particularly when legislation is needed, as it is for budgets and regional rates. When it comes to devolved decisions conferred on Northern Ireland Departments, however, the UK Government and Parliament should not be intervening directly. Therefore, while there is clearly a need to intervene to provide clarity, it is more appropriate for us to set out the framework for decisions to be made by Departments when it is in the public interest to do so, and that is what the Bill will do.

Finally, the Bill addresses the urgent need for key appointments to be made in Northern Ireland and in the UK in circumstances when those appointments require the involvement of Northern Ireland Ministers. Clauses 4 to 6 ensure that key posts can be filled while minimising the extent of UK Government intervention in what are, rightly, devolved matters. Clause 4 allows the relevant UK Minister to make specified appointments, exercising the appointments functions already conferred on Northern Ireland Ministers. As I set out in my written statement on 18 July, these posts are the most pressing appointments. They are essential for good governance and public confidence in Northern Ireland, and include appointments to the Northern Ireland Policing Board, the Probation Board for Northern Ireland, the Northern Ireland Judicial Appointments Commission and the Police Ombudsman for Northern Ireland. These offices are stated on the face of the Bill to address the most urgently needed appointments while minimising the role of UK Ministers in these decisions that should be taken by Northern Ireland Ministers. The Bill takes this narrow approach rather than putting in place a blanket power with a long list of all possible appointments, or transferring these appointments from being ministerial responsibilities to being the responsibility of civil servants. Neither of those alternatives would have been appropriate.

It is important, however, that we provide for a situation in which other vital offices unexpectedly become vacant, or filling other existing vacancies becomes more urgent. For that reason, the Bill includes the provision to add to the list of offices, by means of a statutory instrument, to allow the relevant UK Minister to exercise Northern Ireland Ministers’ appointment functions in relation to additional specified offices.

Paul Masterton Portrait Paul Masterton (East Renfrewshire) (Con)
- Hansard - - - Excerpts

All the appointments in the Bill are justice-based, and I completely take on board the point about those being the most pressing, but how does the Secretary of State plan to continue to monitor what other areas are pressing, because there are lots of roles in other areas that need to be filled, but that will not happen under the Bill?

Karen Bradley Portrait Karen Bradley
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We would use the power only if appointments were urgent and necessary. I would consult the main Northern Ireland political parties before bringing forward regulations, as I did before I introduced this Bill. Essentially, we are allowing appointments to be made to bodies when either a failure to appoint would mean that the body becomes inquorate, or the role is required to command public respect and show full accountability.

A large proportion of appointment functions in Northern Ireland are conferred on Northern Ireland Departments. The provisions that I have already outlined dealing with Departments’ decision-making powers provide clarity that Northern Ireland Departments are able to exercise the appointment functions conferred on them during the period for Executive formation. They would not transfer to them any appointment functions currently conferred on Northern Ireland Ministers.

The lack of an Executive has also had an impact on appointments to UK-wide bodies, as a small number require Northern Ireland Ministers to be consulted on or to agree an appointment by a UK Minister. The most pressing example is the appointment by the Home Secretary of a new chair of the Disclosure and Barring Service. Similarly, there are appointments made jointly by UK and Northern Ireland Ministers. The Bill deals with such appointments by allowing them to be made without Northern Ireland Ministers, but it retains the Northern Ireland input by requiring the UK Minister to consult the relevant Northern Ireland Department. The changes represent a minimal intervention and a careful balance to ensure that the bodies and offices are able to operate as normal, but without UK Government intervention at a policy or operational level.

The powers given to UK Ministers under clauses 4 to 6 expire at the point that Northern Ireland Ministers are appointed and an Executive is formed. Responsibility for the appointment functions affected by the Bill would then, rightly, revert to the Northern Ireland Ministers.

The people of Northern Ireland deserve strong political leadership from a locally elected and accountable devolved Government. Achieving that remains my absolute priority, and that is why the Bill aims to restore the devolved power-sharing Executive and Assembly, and sets out a fixed period in which I will work closely with Northern Ireland parties to encourage them to form an Executive. During this period, the UK Government will continue to deliver on their responsibilities for political stability and good governance. Northern Ireland has made huge progress in recent years, but we can achieve even more with a devolved Government who unlock all the potential that Northern Ireland has to offer. I am focusing on achieving that outcome—it is the outcome that we all want to see—and I commend the Bill to the House.

--- Later in debate ---
Gavin Newlands Portrait Gavin Newlands
- Hansard - - - Excerpts

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

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

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

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

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

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

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

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

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

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

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

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

Karen Bradley Portrait Karen Bradley
- Hansard - -

I am listening carefully to what the hon. Gentleman is saying, but I wanted to make a point about the amendments tabled by my hon. Friend the Member for Wycombe. He withdrew those amendments because he recognised the necessity of this Bill for the people of Northern Ireland. I thank him for having done so, because it has meant that the people of Northern Ireland, who need their public services to continue to be delivered, will be able to have that, as this Bill will not now be affected by amendments that would have served to wreck it.

Gavin Newlands Portrait Gavin Newlands
- Hansard - - - Excerpts

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

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

Northern Ireland (Executive Formation and Exercise of Functions) Bill Debate

Full Debate: Read Full Debate
Department: Northern Ireland Office

Northern Ireland (Executive Formation and Exercise of Functions) Bill

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

(5 years, 5 months ago)

Commons Chamber
Read Full debate Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Manuscript Amendment to the Business of the House Motion (PDF) - (24 Oct 2018)
Karin Smyth Portrait Karin Smyth
- Hansard - - - Excerpts

I completely agree with my hon. Friend. Today, we have seen Sarah Ewart bravely take on the role of doing something about it.

The Government may kick the can down the road with the Bill, but nothing is standing still. As my hon. Friend said, the changing of its law by the Republic of Ireland will mean that, up to 12 weeks of pregnancy, women can take a train, make a short bus ride or even walk to a service. Yesterday’s vote in this place is important.

I have listened carefully to the speeches today, including from the hon. Member for Belfast South (Emma Little Pengelly). I spent a day in Stormont recently as part of the British-Irish Parliamentary Assembly, taking evidence from all sides in the debate, and meeting the Attorney General, the director of medical services and other campaigners. Feelings on this issue are strong. We need to treat the issue with care and establish services respectfully. But we have experience of that. People in Northern have had and still have to manage much greater challenges. The new clause is helpful and respectful and would allow a process to take place. The Government would be well advised to respond as respectfully and to listen to the women who would rather be at home.

Karen Bradley Portrait Karen Bradley
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Before I speak to Government amendments 23 and 24, it is worth taking a moment to remind right hon. and hon. Members of the purpose of the Bill and why we are here today. Many were unable to be here for Second Reading, so I repeat that this is not a Bill that I wanted to introduce. I am doing so because we have to enable public services to continue to be delivered in Northern Ireland. We all want to see politicians in Northern Ireland come together, do the right thing and go back to Stormont to form an Executive. If an Executive were in place, so much that we have debated today would be a matter for its members to discuss and to take the decisions on behalf of the people who elected them. That is what is right for the people of Northern Ireland who have suffered for too long without a Government in Stormont. The time has come for their politicians to do the right thing.

I also repeat my earlier point that the Bill is limited. It will allow decisions to be taken by civil servants who have felt unable to do so since the Buick appeal was heard. We need to make sure that those civil servants can take those decisions, but this is not about their making major policy decisions or becoming lawmakers. This is about civil servants being able to deliver on key infrastructure decisions and other matters relating to the running of public services in Northern Ireland.

I do not want to make life any more difficult than it already is for our dedicated civil servants in the NICS, and being put in a position where they would have to take major policy decisions is something that no civil servant would want. They are incredibly dedicated and they work incredibly hard on behalf of the people of Northern Ireland.

We also need to make sure that there is no reason at all for the politicians in Northern Ireland not to come together, do the right thing and form a Government. I have been heartened by the words I have heard from the Members of the Democratic Unionist party about their determination to see an Executive reformed as soon as possible. I want to work with all the parties and with no impediments in place, which is why the Bill allows the reformation of an Executive without further legislation, to see that happen as soon as possible so that we can deal with these matters and to do so in the right place, in Stormont, where they can be dealt with by the politicians elected in Northern Ireland.

I remind hon. and right hon. Members that this is a time-limited Bill. It is not a permanent Bill and it does not change anything permanently. It allows a short period in which impediments to forming an Executive are removed, in which the framework and conditions for the politicians to come together are put in the best place they can be, and in which decisions about running public services can continue to be made by civil servants in the way that is right for the people of Northern Ireland without their making major policy decisions, because we need the politicians to do that. In considering these amendments, it is important that we all remember the purpose of the Bill—why we are introducing it, why we are doing so in an emergency situation and not through the normal parliamentary procedures, and what the Government’s intention is.

Let me go back to the Government amendments. I appreciate the hard work of the Delegated Powers and Regulatory Reform Committee in scrutinising the Bill so quickly, and I thank it for its report. I am grateful that the Committee acknowledges the potential need for regulations to be made as a matter of urgency in a way that is not possible through the draft affirmative procedure alone. Although my preferred option was to use the negative procedure to enable any such urgent cases to be addressed, I have taken on board the wider concerns expressed by the Committee and accept its recommendation. Amendment 23 therefore provides that additions to the table in clause 4 will be subject to the affirmative procedure. That will mean the draft affirmative procedure, unless the case requires urgent action in which case the made affirmative procedure will be used. I think that this strikes the right balance between scrutiny and the capacity to expedite regulations should it be necessary to do so. Amendment 24 is consequential on amendment 23 and removes a cross-reference that is no longer needed now that regulations under clause 4 are subject to the affirmative procedure.

Gareth Thomas Portrait Gareth Thomas (Harrow West) (Lab/Co-op)
- Hansard - - - Excerpts

I recognise that intervening on a Secretary of State is quite an attractive prospect for many Back Benchers and that as a result there may not be time for me to catch your eye, Dame Rosie, to speak in support of new clauses 4, 5 and 6, which are tabled in my name. Will the Secretary of State therefore be willing to instruct her junior Minister to meet me to discuss the concerns of the Co-operative movement in Northern Ireland? I hope still to get in a brief word or two about those concerns, but if I do not I would like the opportunity to amplify them with the Minister in private.

Karen Bradley Portrait Karen Bradley
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I certainly intend to ensure that there is time for the hon. Gentleman to speak in support of his new clauses, but of course I think it would be a good idea for me or my Minister of State to meet him and representatives of the Co-operative movement. In the Northern Ireland Office, we make a point of meeting all stakeholders and organisations with concerns. I know how difficult it is for civic society and organisations to know where to turn at this time without Ministers in Stormont, and I meet many organisations regularly that feel frustrated that they do not have Ministers to whom they can turn, so of course we are happy to meet. I remind the hon. Gentleman, as I end up reminding many, many organisations, that most of the things that are raised with us are devolved matters, and that we do not have Executive powers. That point was made very clear in the Hughes judgment earlier this year, as I am sure the hon. Gentleman knows.

Owen Smith Portrait Owen Smith
- Hansard - - - Excerpts

Is the Minister saying clearly that she is not anticipating or encouraging civil servants, under the guidance that we are passing here today, to act either to implement the Hart inquiry recommendations or to institute a pension for victims of the troubles?

Karen Bradley Portrait Karen Bradley
- Hansard - -

I will come to the specific points that the hon. Gentleman raised, because they are the subject of amendments that have been tabled and I will try to address all those points, but I want to make myself clear. The hon. Gentleman may have missed my comments when I responded to an intervention from the hon. Member for North Down (Lady Hermon). The head of the Northern Ireland civil service has made it clear that he would like to consult on the Hart recommendations and do the work that would be required in any event, with or without Ministers, to prepare for what implementation of those recommendations and other matters might involve, and I have written to thank him for that decision.

Forgive me; what was the second point that the hon. Gentleman raised?

Owen Smith Portrait Owen Smith
- Hansard - - - Excerpts

Victims’ pensions.

Karen Bradley Portrait Karen Bradley
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I will talk about that specifically, because obviously, although it is another devolved matter, we have spoken to the Victims’ Commissioner about trying to ensure that some progress can be made. I assure the hon. Gentleman that I meet victims of the troubles, I meet victims of sexual abuse, I meet victims of all manner of things, and I meet campaigners for LGBT rights and all sorts of others, and I well understand the desire to get on and take action in this place. However, I very gently say to him—he will know this from his great experience as an adviser, particularly during the period of direct rule—that there is no direct rule-lite. There is no “just intervene a little bit here and a little bit there.” All of that is direct rule, and I do not want to be in direct rule because it is wrong for the people of Northern Ireland. While there is a chance of the parties coming together and doing the right thing in Stormont, that is the best thing for the people of Northern Ireland and I have to give them every opportunity to do that.

Tony Lloyd Portrait Tony Lloyd
- Hansard - - - Excerpts

May I press the Minister on the question of the victims of terrorism? There is a very strong interpretation that, as a legacy issue, that is the responsibility of the Secretary of State, not of the Stormont Assembly. I think she needs to make it absolutely clear why she will not follow that path, because that would be the quickest way, it would be legal, and it would do something for victims here and now, not in the indefinite future.

Karen Bradley Portrait Karen Bradley
- Hansard - -

I appreciate that there is confusion around this matter. I asked for advice very early on in regard to what was reserved, what was devolved, and what had become a matter for this House as a result of the agreement of politicians in Northern Ireland. Let me be clear: many of the interventions that the Government have taken over the years have been as a result of the wishes and the agreement of the parties in Northern Ireland to ask Westminster to take action in certain areas, but victims’ pensions is still a devolved matter. I want to see action in that area, and that is why I have spoken to the Victims’ Commissioner.

Mike Penning Portrait Sir Mike Penning
- Hansard - - - Excerpts

One of the powers of this House and the Government relates to those who are becoming victims—the veterans. If an amendment were tabled in the other place that actually protected our veterans for their service, would the Government oppose that?

Karen Bradley Portrait Karen Bradley
- Hansard - -

I know how passionately my right hon. Friend feels about this; and may I tell him that I feel passionately about it too? I want to see justice for our veterans. The veterans and the RUC who served in Northern Ireland were responsible for the fact that the peace process was able to start; it was because of their determination and bravery. I want to make sure that they are treated with the dignity that they should be afforded. I would like to work with my right hon. Friend to ensure that we can deliver that dignity in an appropriate way, but I have to caution him that, as I said earlier, this is a narrow Bill; it is a Bill to enable public services to continue to be run in Northern Ireland because that is necessary for the people of Northern Ireland. I do not think it is the correct vehicle for the kind of action that I know my right hon. Friend wants to see, and on which I want to work with him.

Let me now deal with the amendments tabled by my hon. Friend the Member for Amber Valley (Nigel Mills). I am sympathetic to the spirit of amendment 15, but it has technical flaws, and I therefore cannot accept it. First, it would remove an election duty by omitting the original provision that was agreed to in the St Andrews agreement and is part of the Northern Ireland Act 1998. Secondly, I think that the period of seven days is impractical. It could fall within a parliamentary recess, and I do not think that an Order in Council during a recess is exactly what the House would want to see.

Thirdly, the amendment does not allow for flexibility. We do not know what point we will reach. I want the politicians to come together and do the right thing as soon as possible, but I must ensure that there is the necessary flexibility to allow for a final short burst of talks if that is what is needed. I understand exactly why my hon. Friend tabled his amendment, but I think that imposing that degree of inflexibility on me, as Secretary of State, would not help the process of getting the Executive up and running again.

The UK Government respect the principle that Parliament should be able to scrutinise certain public appointments before they are made, especially significant appointments to organisations that hold the Government to account, but I do not think that the consequences of amendment 16 would follow the standard process for either United Kingdom or Northern Ireland appointments. The appointments listed in the Bill would not be subject to pre-appointment scrutiny in the Assembly or the Executive, and I think it would be inappropriate to introduce here a degree of pre-appointment scrutiny that does not exist at Stormont, and would not exist in Northern Ireland if Ministers were in place.

New clause 7 has been the subject of much debate. My respect for the hon. Member for Walthamstow (Stella Creasy) and her campaigning on this matter is immense: I know how hard she campaigns and how much she cares about it. Her hon. Friend the Member for St Helens North (Conor McGinn) is another doughty campaigner. I have put on the record, and I continue to believe, that change is needed in Northern Ireland in this regard, and that I support such change. However, I do not think that it should be made through the Bill or the new clause. The point of the Bill is to allow politicians to come together and form an Executive in Northern Ireland. That is where these decisions should be made.

Conor McGinn Portrait Conor McGinn (St Helens North) (Lab)
- Hansard - - - Excerpts

The academic Paul Jennings, of Queen Mary University of London, has said that the new clause tabled by my hon. Friend the Member for Walthamstow (Stella Creasy) is

“scrupulous in avoiding issues of devolution and changing the Stormont Westminster relationship. It relates only to the Secretary of State for Northern Ireland, a Westminster actor, and compels the office to issue guidance on the issues of abortion and equal marriage to senior officials in Northern Ireland. In doing so, it refrains from interfering with the mandate of ministers in Northern Ireland.”

Karen Bradley Portrait Karen Bradley
- Hansard - -

I understand all the points that the hon. Gentleman has made, but the new clause is flawed. It is flawed because the Bill does not allow the law to be changed. It does not make civil servants lawmakers. It asks them to work within the confines of the law as it exists today. We do not want to be in a position in which civil servants are changing the law. I am not, as Secretary of State, changing the law on any devolved matter in Northern Ireland; I am giving guidance to the civil servants to allow them to make decisions within the existing law.

Stella Creasy Portrait Stella Creasy
- Hansard - - - Excerpts

I hear the Secretary of State say that, yet I see officials in the Northern Ireland Department of Health, in their response to the programme enabling women to come to England for abortions, doing exactly what she has just said she does not want civil servants to do. It is already happening. The Bill will confirm the power that they have to do that, because the Secretary of State is giving them powers in the absence of the Assembly. Will she at least recognise that she has a powerful role to play as a check and balance in that process, and that that is what the new clause is about?

Karen Bradley Portrait Karen Bradley
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Let me say very gently to the hon. Lady that I disagree with her interpretation of what the new clause would do. It would put the NICS in an impossible position, given that the guidance makes it clear that in exercising its functions, it must act at all times in accordance with the law. Let me stress again that the Bill cannot force Northern Ireland Departments to change the law as the new clause seeks to do.

Fiona Bruce Portrait Fiona Bruce
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I welcome what my right hon. Friend is saying, but may I ask her to address the question I put to her during my speech: if new clause 7 is passed, will she be vigilant in ensuring that civil servants do nothing that changes the law through her guidance?

Karen Bradley Portrait Karen Bradley
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Civil servants will not be able to change the law: they do not have the power to change the law and we do not want them to have that power. That would put civil servants in an invidious position. It would be totally contrary to the rule of law and the way the independence of the civil service across the whole United Kingdom operates. This is not a precedent that we want to make. I well understand why Members want to see change in this area, and I have great sympathy with that, but this is not the way to do it.

Anna Soubry Portrait Anna Soubry
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Can my right hon. Friend reassure me on two things: first, that new clause 7 is a matter of conscience and we on this side of the House will not be whipped on it, and, secondly, that new clause 7 does not change the law or indeed give anybody the power to change the law? The notes are very clear: it is all about accountability to the Secretary of State so that she can look at human rights and make sure the guidance is there. It does not change the law; it is about guidance and accountability on human rights, and it is a matter of conscience.

Karen Bradley Portrait Karen Bradley
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I am reliably informed that this is a matter of conscience from the point of view of the party Whip on the Government side of the House. I know this is frustrating for my right hon. Friend, and I am not saying this with any pleasure, but am merely stating the facts: the amendment as drafted would not see a change in the law in Northern Ireland. This is a matter that needs to be legislated for in Northern Ireland, and therefore it would not change the situation in Northern Ireland. I add that this is a temporary measure; we need to get an Executive in Stormont, which is what this Bill seeks to achieve, so that they can make the decisions.

William Cash Portrait Sir William Cash (Stone) (Con)
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I am rather encouraged by the line my right hon. Friend is taking on this, because it is about guiding principles, and I have here outcome 12 of the guiding principles for Northern Ireland Departments:

“We give our children and young people the best start in life.”

Will my right hon. Friend bear that in mind, because she is completely right: it is not for civil servants to change the policy? She is completely right on that, and I am very glad to have the assurance she has given, but the best start in life is the key question.

Karen Bradley Portrait Karen Bradley
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I appreciate my hon. Friend’s comments. I well understand that there is great strength of feeling in all parts of the House on this matter. I have considerable sympathy with much of what the hon. Members for Walthamstow and for St Helens North are trying to achieve, but I do not believe that this amendment achieves it, and I believe that the right thing to do is pass this Bill so we can get an Executive back and they can make the decisions in Northern Ireland for the people in Northern Ireland.

I am conscious of time and other Members wish to speak, but I want briefly to touch on a few other points, particularly those made by the Chair of the Select Committee. I know that in amendment 1 my hon. Friend the Member for South West Wiltshire (Dr Murrison) is concerned about the need for an extension and how it would work. Perhaps I can commit to consult with the Select Committee if I decide that having an extension is the right thing to do close to the deadline in order for the Select Committee to see my reasoning. I will work with the Select Committee on many of the amendments that my hon. Friend has put forward, because I appreciate that there is concern about scrutiny in Northern Ireland.

The question of the victims’ pension has been raised, and the hon. Member for Edinburgh West (Christine Jardine) has an amendment on it. As I said to those on the Opposition Front Bench, this is a devolved matter, but I have been working with the Victims’ Commissioner. I want to see progress on this matter, and I want all the work that can be done to be done so that when Ministers are back in Stormont they are able to take those decisions.

I am going to conclude at this point, because a significant number of people wish to speak and I want to ensure that all right hon. and hon. Members who have tabled amendments have a chance to speak. I repeat that this Bill is necessary for the people of Northern Ireland so that their public services can continue, and I hope that Members will feel able to support it.