Northern Ireland (Executive Formation and Exercise of Functions) Act 2018: Section 4 Report

Karen Bradley Excerpts

Wednesday 30th January 2019 Written Statements

[The Secretary of State for Northern Ireland (Karen Bradley)]

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.

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.

I will keep the Government’s position on these sensitive devolved issues under review in light of the UK Government’s legal obligations, and in light of any relevant emerging legal judgments, as appropriate.

I believe, however, that the current absence of devolved Government in Northern Ireland should not dislodge the principle that it is for the devolved Administration to both legislate on, and ensure compliance with, human rights obligations in relation to such devolved matters.

Restoring the Executive remains my top priority and I am continuing to encourage the parties to come together to work towards restoring devolved Government. I am firmly of the view that the people of Northern Ireland need their elected representatives back in Government to take important decisions on the issues that matter most to them.

[HCWS1285]

Northern Ireland: Security Situation

Karen Bradley Excerpts

1st reading: House of Commons
Monday 21st January 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Karen Bradley)]

With permission, Mr Speaker, I wish to make a statement to the House following the terrorist attack in Londonderry on Saturday evening.

As the people of the city and those visiting were making the most of the renowned hospitality on offer, a crude, unsophisticated but dangerous explosive device detonated as brave Police Service of Northern Ireland officers were clearing the area. CCTV released by the PSNI shows teenagers and others passing by only minutes before the device detonated. It is sobering to think that a truly sickening outcome by those responsible was only narrowly averted.

First, I would like to pay tribute to the police and other emergency services that responded so magnificently in the immediate aftermath of the attack. It was through their urgent actions that we are not facing circumstances in which there could have been casualties or even fatalities. A nearby hotel was busy, a fundraising event was taking place in a hall adjacent to where the device exploded and elderly residents in sheltered accommodation were all within yards of the explosion. Those who planned this attack and placed this crude device in a busy city centre have absolutely no regard for the people who live and work there.

Right hon. and hon. Members will be aware that there are a number of security alerts ongoing in Derry/Londonderry today. We are being kept informed of developments by the PSNI, which is working hard, along with other agencies, to ensure that this sort of mindless disruption is minimised.

Let us be clear, however, that those behind the attack will never succeed. Londonderry is a city that has thrived since the signing of the Belfast/Good Friday agreement 20 years ago—everyone can see that—and one that will continue to grow and develop despite the actions of those who seek to sow discord and division. That is why the city has sent a clear message in the wake of this attack—that these people and these actions have no place in their city. Political leaders, the business sector and those offering hospitality to a growing number of visitors to Northern Ireland have all spoken out to challenge those who seek to continue with these violent and futile acts. The wider community in the city have also united their voices in condemnation, and we should all listen carefully to what they say.

To be clear, the city remains open for business. Londonderry chamber of commerce condemned the attack, but was clear that it would not

“deter us from opening today and getting on with the job.”

The bottom line is that voices across the political, business and community spectrum are united. This is intolerable violence, which has absolutely no place in our society. We all want to look forward and build a peaceful future for Northern Ireland. The small number of people responsible for this attack have absolutely nothing to offer Northern Ireland and will not prevail.

Violent dissident republican terrorists operate in relatively small, disparate groupings. Their campaign of hatred and violence is, unfortunately, nothing new. Law enforcement pressure has reduced the number of national security attacks in Northern Ireland. In 2018, there was only one national security attack, compared with five in 2017, four in 2016 and a total of 16 attacks in 2015. Although there has been a reduction in the overall number of national security attacks in recent years, vigilance in the face of the continuing threat remains essential. The current Northern Ireland-related terrorism threat to Northern Ireland, or NIRT threat, is “severe”, which means that an attack is highly likely. This attack does not change that threat level.

Although there have been many successes by the police and others, it is clear that dissidents remain intent on killing. In attempting to impose their unwanted control on people across Northern Ireland, these groupings also choose to ignore democracy and consent principles that have been, and will continue to be, central to the political process. The Government have consistently made it clear that terrorism will not succeed and tackling it continues to be of the highest priority. We are determined to keep people safe and secure across the whole of our United Kingdom.

Derry is a vibrant city with a bustling economy and an exciting arts and cultural scene, as demonstrated in 2013 when it was the UK’s city of culture. Success breeds success. That is also why the Government have backed Londonderry and will continue to do so. Building on the £350 million commitment we have made towards a Belfast city deal, the UK Government are equally committed to delivering a comprehensive package of economic support for Derry and Strabane. A city deal for Derry and Strabane will boost investment and productivity, generate jobs and deliver growth and prosperity, and that activity has been supported by a number of visits by UK Government Ministers.

At the Budget, the Chancellor of the Exchequer opened formal negotiations for a Derry and Strabane city region deal. Those negotiations are under way. It is crucial that this unique opportunity is grasped to unlock the economic transformation that the region needs and deserves. But it is not just the UK Government who are backing Derry/Londonderry. From all across the world, businesses recognise Londonderry for the great place that it is to do business. Whether it is financial services firms such as FinTrU or IT company Alchemy Technology Services, new jobs are being created every day in the city.

Finally, and in direct opposition to the kind of ideas and barbarism advocated by those responsible for Saturday’s attack, Londonderry continues to shine as a beacon of culture and progress on the island of Ireland, as a major tourist destination and as a host for world renowned events such as the Clipper round the world race. As Assistant Chief Constable Mark Hamilton said yesterday, it is not dissident republicans who hold the ground in Londonderry—it is the community. Anyone who has any information should pass it to the police or anonymously to Crimestoppers. I commend this statement to the House.

[Tony Lloyd (Rochdale) (Lab)]

I thank the Secretary of State for advance sight of her statement and for giving the statement on an issue that merits parliamentary time. Like her, I am bound to welcome the fact that no injuries resulted from the bomb attack on Saturday, but that was not for want of care from those who planted the bomb. As the Secretary of State said, innocent bystanders were very close. Congratulations are due to the Police Service of Northern Ireland officers who went forward at personal risk and successfully evacuated the area and hotel. They deserve our thanks. I join the Secretary of State in that message of congratulations.

It is right that the attack should have received universal condemnation across the different communities in Derry, from the Democratic Unionist party through to Sinn Féin. The House of Commons now has an opportunity to add its voice to that condemnation. As a city, Derry has seen enormous progress over the past 20 years. Some businesses will have been affected by Saturday’s attack. Will there be, where appropriate, the necessary support for them to get back up and running? We also know, of course, that some 40 families are out of their homes in the Creggan. Can we be assured that all due care is being taken to look after their welfare?

I now turn to the security situation, which has been severe in Northern Ireland over at least the last decade and more. I strongly welcome the 300 extra PSNI officers that the Secretary of State announced recently, but those were Brexit-related additions who will take time to train. The PSNI is still well below its Patten-recommended numbers. Will the Secretary of State talk to the Chancellor so that the PSNI numbers return to the levels necessary to confront the challenges of ordinary policing, as well as the type of situation that the service faced over the weekend?

This United Kingdom of ours faces many different challenges. My own home city of Manchester saw that not so long ago in the arena, and we know about the attacks that took place outside the House of Commons and other attacks. The security services are under some strain. The right hon. Lady will not want to comment directly on the security services, but may we have an assurance that there is an adequacy of security personnel, particularly as far as Northern Ireland is concerned?

We have to consider things that have a material impact when it comes to security. Symbols and words make a difference in Northern Ireland. I was grateful to hear the Prime Minister earlier rule out any changes to the Good Friday agreement; that is right and proper. However, we still hear talk from Members about the possibility of crashing out of the European Union—a hard Brexit, which will mean a hard border across the island of Ireland. That is irresponsible. I hope that the Secretary of State will join me in saying that that cannot be allowed to happen. We cannot give succour through the erection of a hard border to those who would do us harm.

Normal politics do not function at the moment in Northern Ireland. If the reconciliation process that began 20 years ago under the Good Friday agreement is to advance, we need a return to normal politics. If politics cannot offer change and the hope of change, frankly we give an easy gift to those who would do us all harm. We cannot allow that. I say to politicians from Northern Ireland in this House and beyond that it is now time for them to take responsibility and take the venom out of politics. It is time for them to take the risk of beginning to establish the institutions that we need to make democracy work. Take that risk and get the Stormont Assembly back up and running. People have to commit to that.

I gently say to the Secretary of State that she cannot put the return of Stormont into the “too hard to handle for now” box. There has to be some urgency in bringing Stormont back together. May I ask the right hon. Lady two specific things? First, will she commit now to resuming the five-party talks that could see a return to normalcy and to politics delivering change? That is fundamental in the light of what happened on Saturday. I also want to make her an offer, which she may want to take up. I will travel with her to Derry to meet local politicians in the local community to show that this House of Commons is absolutely unified in its condemnation of terror and its desire to say that there is a better way. Politics must offer that better way.

[Karen Bradley]

I thank the shadow Secretary of State for his comments, including his thanks to the PSNI, and for his steadfastness with the universal condemnation of everyone in the House of the act on Saturday night and other activities. I will be visiting the north-west again soon, as I do regularly. I will check my diary and see whether we can do some sort of joint visit. [Interruption.] It looks as if more than one shadow Front Bencher wants to come. The hon. Gentleman made a good point in saying that that would send a clear message across Northern Ireland about the commitment of this House to their safety, security and prosperity.

The hon. Gentleman talked about the security situation and the numbers of PSNI officers. I want to be clear with him that the Government have always protected and provided funding for counter-terrorism-related work in Northern Ireland—£230 million in the last Parliament and £160 million in this one. On top of that, cross-Government spending on counter-terrorism right across the UK will increase by 30% in real terms over this Parliament. With the Home Secretary sat next to me, I can also give the hon. Gentleman the comfort he needs that there is adequate funding, so that our security services and others can do their difficult work.

I want to repeat what the Prime Minister said in her statement. Despite press reports, there is absolutely no desire on the part of anybody in this Government to see anything other than the full upholding of the Belfast/Good Friday agreement—our commitment and those structures and institutions. I, too, want those structures and institutions to be back where they should be. I want politicians in Northern Ireland to be in that Parliament building on the hill in Stormont—busy, active, making decisions and doing the right thing by the people of Northern Ireland.

I want those talks to resume as soon as possible, not least because things such as the North South Ministerial Council are missing—it is not just the institutions. Those are important matters, as are the ones the Prime Minister spoke about in her statement on our future relationship with the European Union and the role of the devolved Administrations in that.

I want to make one final point to be clear that nobody should try to draw any connection between what happened on Saturday night and any of the discussions we are having in the House or with our friends in Europe. The attack on Saturday night is the result of a threat level that has been in place since before the Brexit vote. Those people have been working and trying to carry out these plots and activities for many years. We need to be clear that those activities are not welcome—the people of Northern Ireland do not want that kind of activity on their streets—and that they have absolutely nothing to with Brexit or anything close to it.

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

I thank the Secretary of State for her statement, and for its measured and above all balanced tone. I also welcome the comments of the shadow Secretary of State.

The Secretary of State mentioned the PSNI. This could have been a hideous incident and it is very much thanks to the professionalism of the PSNI officers who spotted a suspicious car and then very professionally moved people away that there was no injury. She mentioned the significant funds that the coalition Government gave to the PSNI and the security forces—we thwarted a large number of incidents thanks to that. She provided a very welcome £16 million just before Christmas for another 300 officers but where is that money? Has it been given to the PSNI and when will it be transformed into real officers on the streets?

[Karen Bradley]

My right hon. Friend has significant experience and knowledge of Northern Ireland. He is right to give credit to the PSNI. I have spoken to the Chief Constable a couple of times over the last three days—inevitably—and I too have paid tribute to those individual officers who turned up for what they believed would be a normal Saturday evening shift to find themselves confronted by that incident. Their bravery and actions are why this was not a far worse incident.

It would be better if I write to my right hon. Friend so that I can give him absolutely clarity on exactly where the PSNI funding is and how long it will take to recruit those 300 police officers.

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

I thank the Secretary of State for advance sight of her statement.

The utterly shameful and cowardly attacks carried out in Derry on Saturday evening, along with the ongoing incidents in the city, are a reminder, if any were needed, that many of the terrorists have not gone away. For the avoidance of doubt, SNP Members utterly condemn these pointless and shameful attacks and welcome the five arrests that have been made thus far. On behalf of the SNP, I extend our thanks and praise for the rapid response of the PSNI and the emergency services to these incidents. Our thoughts are with all those affected, including the delivery driver whose van was hijacked after a gun was held to his head.

Lords amendments to the Counter-terrorism and Border Security Bill will be debated tomorrow in the House, which I look forward to, but other interventions in the House from many on the Conservative Benches, who make spurious and uninformed assertions on the backstop, the border and the Good Friday agreement, risk making an already fragile situation more dangerous if they get their way. I fully accept that Saturday evening itself had little to do with the current situation, as the Secretary of State said. However, as it is, it is clear that the current vacuum at Stormont is not conducive to a stable political situation. The European Research Group approach should not be given any consideration whatsoever.

In response to the shadow Secretary of State, the Secretary of State said that she wanted to restore the institutions that were formed to uphold the Good Friday agreement, but will she outline what steps the Government are taking to do so and what is being done to prevent groups such as the new IRA from taking a foothold?

The frontline of counter-terrorism is community police, community groups and others. What steps is the Secretary of State taking to strengthen frontline resources and services? If positive action is taken on the last two steps, she will certainly have SNP support.

[Karen Bradley]

I thank the hon. Gentleman for his support. It is for future activities but I appreciate it.

I have visited the Strand Road police station in Londonderry on a couple of occasions to meet frontline officers—that is such an important part of the work done by the PSNI. PSNI officers from all parts of the community serve in Derry/Londonderry, which is incredibly important because it means that they can be true community officers on the ground, understanding what is happening through their intelligence work. Although there was a coded warning, the PSNI officers had identified the vehicle and had started to take action. The hon. Gentleman is also right to comment on the delivery driver. It must have been a horrendous experience for a pizza delivery driver to find a gun at his head and to be put in that situation. There can be no excuse for the activities of the terrorists on Saturday, which we condemn fully.

On the Belfast/Good Friday agreement, I reiterate what the Prime Minister said earlier. We are steadfast in our support for the agreement, but the hon. Gentleman is right that there is a power vacuum in Northern Ireland. I want it filled. I am not sure that the ERG has a specific policy on it, but it probably agrees with me in wanting to see politicians in Northern Ireland back doing the job they were elected to do, which is making decisions on behalf of their constituents.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

It is pleasing to hear that lots of Ministers and shadow Ministers will visit Londonderry in the months ahead. My Select Committee—the Northern Ireland Affairs Committee—will visit in the very near future. There may be no politicians at Stormont, but there will be plenty in the great city of Londonderry.

Does the Secretary of State agree that the most striking thing in the past few hours has been the reaction of the people of the city of Derry, who are clearly revolted by this latest outrage? Will she consider accelerating the negotiations on the Derry and Strabane city deal, because prosperity is exceptionally important in ensuring that such things do not happen?

[Karen Bradley]

I thank the Chair of the Northern Ireland Affairs Committee. I am absolutely sure that its members will enjoy themselves immensely in what is a wonderful, welcoming, friendly and vibrant city. He is right that there have been, and will continue to be, a number of ministerial visits, including from my right hon. Friends the Chancellor of the Duchy of Lancaster and the Secretary of State for Housing, Communities and Local Government, and from me.

My right hon. Friend the Chancellor of the Exchequer visited and wanted to meet people to talk about the Derry and Strabane city deal. My hon. Friend is right that prosperity is the answer. If people see a bright future for their city, they want to stand tall and fight for it. They want to stay and work and enjoy jobs and opportunities.

I agree with my hon. Friend that the reaction of the people of Derry/Londonderry has been extraordinary. It sends a clear message that the people of Northern Ireland do not want a return to the troubles of nearly 21 years ago. They want to go forward with peace on their streets.

[Nigel Dodds (Belfast North) (DUP)]

I join the Secretary of State in saying that parties and communities across Northern Ireland are utterly united in their condemnation of this terrible event. I also join her in praising the work of the PSNI and the emergency services, who have provided and continue to provide safety and security on the streets of Northern Ireland.

I also welcome what the Secretary of State said about this being unrelated to the current debate on the EU. It is also somewhat unrelated to what has happened in Stormont. The murders that I referenced earlier, which were committed by those same people, happened during a time when we had devolution and functioning democracy in Belfast at Stormont. Let us not legitimise in any way what these people are about by ascribing to them a cause. These people want to destroy communities on both sides and they want to disrupt. They want to bring nothing positive and have no agenda whatsoever. Therefore, I totally support what the Secretary of State said in that regard.

[Karen Bradley]

The right hon. Gentleman puts the point extremely well. There is no excuse and there can be no justification whatever for those activities. He is right: these are activities that have gone on for far too long. A very small number of people—but determined people—want to cause damage. But he is right: we are all united. It reminds us that there is far more that unites us than divides us. We should all bear that in mind. I thank him for his comments. I agree with everything he said.

[Sir Hugo Swire (East Devon) (Con)]

This is a reminder that there are those still at large in Northern Ireland who choose the bomb over the ballot box. I join in all the tributes to the PSNI and the emergency services for yet again doing such a great job. This is nothing to do with Brexit at all, but the geographical location of Londonderry reminds us of the existence of the border between Northern Ireland and the Republic of Ireland, so will the Secretary of State confirm that cross-border co-operation between An Garda Síochána and the PSNI is important and is working and that, as far as they are concerned, in pursuing these people, there will never be a border between them?

[Karen Bradley]

My right hon. Friend is absolutely right that, when you stand in Londonderry, you see the border is there—it is not a distant thing. People are travelling to and fro across that border every day to go to work and to doctor and hospital appointments, and to see family and friends. He is also right about the cross-border co-operation. The co-operation between An Garda Síochána and the PSNI has never been stronger, particularly as the commissioner of the Garda, Drew Hendry, was the deputy chief constable of the PSNI. It was very moving that Drew Hendry attended the national police memorial, which was held in Belfast in October, in his An Garda Síochána uniform to show solidarity with police services across the whole United Kingdom.

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

I, too, thank the Secretary of State for advance sight of her statement. This incident is of a sort that we all hoped belonged in the past but, in truth, those of us who are briefed regularly by police and security services in Northern Ireland have long known that this was not just possible but likely. The men of violence only have to get lucky once. This, though, should be an opportunity to turn a negative into a positive. It should be the moment when all parties of Northern Ireland understand the importance of giving a democratic response to a provocation of violence. This is why it is important that we have all the democratic institutions in Northern Ireland functioning. Will she inject fresh impetus to that process, if necessary bringing in an outside mediator to get things moving?

[Karen Bradley]

May I correct the record? I said Drew Hendry, but I meant Drew Harris. I apologise for that.

The right hon. Gentleman is right that the terrorists only have to get lucky once. Our security services and the PSNI have to continue to be lucky the whole time. They do incredible work and, from the briefings he receives, he will know just how much hard work happens. The threat level is “Severe”, which means that an attack is likely.

The right hon. Member for Belfast North (Nigel Dodds) made the point that there is no excuse for the situation, but the right hon. Member for Orkney and Shetland (Mr Carmichael) referred to the situation at Stormont and is right to say that politics can overcome violence—it overcame violence in 1988 and it will continue to do so. It is important that the politicians now do the right thing. We want to see them back in Stormont and making the decisions that need to be made on behalf of their constituents.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I completely agree with the Secretary of State when she completely disassociates any kind of violence from the Brexit negotiations. I recognise that we cannot in any way give the terrorists who carried out this attack any political credibility at all, but surely it would be better if all the parties in Northern Ireland were taking part in discussions at Stormont. Can she confirm that it is only one party that is preventing that from happening because of the red lines it has drawn?

[Karen Bradley]

I do not want to be drawn by my hon. Friend, who as a former Chair of the Select Committee knows politics in Northern Ireland better than most. I do not want to be drawn on the ongoing discussions and debates. All I will say is that I want to see the parties come back together, and we are working to find a mechanism by which we can do that.

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

I echo the comments of the hon. Member for Rochdale (Tony Lloyd) on the need for a return to normal politics—I agree with that—but it is not a normal situation when, in part of a democratic country, we have a situation where five parties form an Executive and only one of those five parties refuses to allow the formation of that Executive. Surely, when we get Stormont up and running again, as I hope will happen soon, we need to look at reforming the system, so that it is precisely what the hon. Gentleman described: normal politics.

[Karen Bradley]

The right hon. Gentleman is right when he says that we want to see normal politics, but there is something extraordinary about the situation in Northern Ireland. We have bi-party Government at times. That is something unusual; I think it is unique in the world. He talked about reforming the system. That must be a matter for the politicians in Northern Ireland. The UK Government stand ready to support the politicians in Northern Ireland to do what they need to do and what they want to do in order to make politics in Northern Ireland work and to have a sustainable Executive for the long term.

[Bob Stewart (Beckenham) (Con)]

Compared with attacks in the past, this blast was somewhat amateur, in so far as the warning was given to the Samaritans in the west midlands and the blast was not that effective, thank God. Does my right hon. Friend agree that we now need to put all our efforts into identifying who these people are, to stop the encouragement of more people joining them?

[Karen Bradley]

My hon. and gallant Friend is right that this was a crude device. He mentioned the Samaritans. I should make the point that the warning was not given specifically to the Samaritans in the west midlands; when the Samaritans were called, the next adviser available happened to be in the west midlands. That is the way in which the Samaritans operate the system to ensure a speedy pick-up for people who call them. He is right, however, that it was a crude device and that we are very fortunate that it was not more successful, shall we say; we have not seen any injuries as a result of it. We should all be grateful for that.

[Owen Smith (Pontypridd) (Lab)]

I join the Secretary of State in condemning this reprehensible act. I agree with her and other hon. Members who have said that there is no political excuse for it, but we are now fully two years since the breakdown of power sharing in Northern Ireland. This has been a salutary lesson and a reminder that violence can fill a political vacuum in Northern Ireland. What is she going to do to try to kick-start the talks that the peace process is built on?

[Karen Bradley]

The hon. Gentleman has significant experience in Northern Ireland, having worked there in the 1990s and 2000s and served as the shadow Secretary of State. As he knows, I continue to speak to all the main parties in Northern Ireland to find a basis on which we can bring the talks together. There is no point in just demanding that the parties come together and expecting that that will work. It has to be done on the basis of an appropriate framework and to have some possibility of success. That is what I am working to find.

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

I appreciate the Secretary of State’s remark that it only takes a very small number of terrorists to have a disproportionate effect, and I appreciate the significance and sensitivities of ongoing investigations, but can she tell the House whether any arrests have been made—the BBC has already reported that they have been—and, if so, whether any of those arrested are connected with identified Irish republican groups?

[Karen Bradley]

The PSNI has said on record that it has arrested five people, but it would not be appropriate for me to comment further as the investigation is ongoing. As my right hon. Friend will appreciate, it would also be inappropriate for me to comment further at this stage because of the ongoing security incidents in the city today.

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

I live in Londonderry, 3 miles from the scene of the bombing, and some of my constituents were in the vicinity, although they were thankfully unharmed. I welcome the Secretary of State’s statement, particularly her call at the end for information to be given to the police. May I go further and ask her to respond positively to the offer from the Labour spokesperson? She is aware of a group called Unity of Purpose in Londonderry. All of us politicians regularly meet business people and others in the private sector not only to condemn such violence, but to take steps to ensure that information is given to the police and that those apprehended are brought before the courts. A positive response to that offer would be a physical manifestation of solidarity with us all.

[Karen Bradley]

The hon. Gentleman welcomed me to Londonderry a few months ago—it was an honour to be there—and introduced me to several of his constituents. I was very warmly welcomed. His idea about Unity of Purpose is a very good one, and we will look into it.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

The requirement on the PSNI to investigate the past puts pressure on its ability to investigate and police the present. Given the present threat level, does my right hon. Friend agree that we must find a better way to investigate legacy cases in particular?

[Karen Bradley]

I agree with my hon. Friend, and that is why we have consulted on how to reform the system for dealing with deaths in the troubles—to enable the PSNI to police today, not the past.

[David Hanson (Delyn) (Lab)]

This attack should be condemned, and I welcome the support given to organisations in Londonderry/Derry promoting peace. The Assistant Chief Constable has said that the New IRA was involved. Will the Secretary of State confirm that it is a proscribed organisation, and that proscription brings with it the potential for intelligence-led policing and could permit other offences, such as that of supporting those who perpetrated this act, to be brought before the courts?

[Karen Bradley]

I can confirm what the right hon. Gentleman has said.

[Paul Masterton (East Renfrewshire) (Con)]

The Secretary of State pointed out that Londonderry was the first ever UK city of culture in 2013. Can she confirm, particularly in the absence of devolved government, that the UK Government will step in to provide whatever assistance is needed on the ground to keep the local economy flourishing, as it has been doing in recent years?

[Karen Bradley]

The shadow Secretary of State raised that point, but I did not respond to it, for which I apologise. He and my hon. Friend are right that affected businesses and residents will need support. We will need to consider exactly what is needed and what the UK Government can do to support them.

[Kate Hoey (Vauxhall) (Lab)]

The Secretary of State has welcomed, as we all welcome, the overwhelming condemnation of this dreadful car bombing. I also welcome her clear statement that no one can make Brexit an excuse. We all have to be careful about the words we use in Northern Ireland, so will she use this opportunity to say that she regrets talking about border polls in the context of Brexit? Her comments were condemned by Alex Kane, a very eminent journalist who writes for newspapers on both sides of community, as

“both stupid and deliberately provocative”.

[Karen Bradley]

He was talking about rumours and supposition; I have never spoken about any of those matters in public.

[Richard Drax (South Dorset) (Con)]

As a former soldier who served in Northern Ireland, may I point out the courage of the police and others who responded to this terrible bombing? The IRA and these terrorist thugs have an unpleasant habit of planting follow-up bombs, which are not uncommon. Unlike others, those people run towards these areas, so there is always the chance of the rescuers themselves being blown up. Does my right hon. Friend have any plans to look at the law surrounding the sentencing of these thugs? In my view, those who have no regard for life should spend the rest of theirs in jail.

[Karen Bradley]

I agree with my hon. Friend, who has personal experience in Northern Ireland, about the extraordinary character of the officers in the PSNI. We should all pay tribute to them for serving every day in the face of that threat. On sentencing, I think he is referring to the Northern Ireland (Sentences) Act 1998, which was agreed following the Good Friday agreement and the referendum of the people of Northern Ireland, and relates specifically to troubles-related deaths, not to the criminality we see in Northern Ireland today.

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

What happened in Derry at the weekend was a disgrace and ran contrary to the wish of the people of that city and Northern Ireland to live in peace. Does the Secretary of State agree that a robust policing and security response is required, and that we need to concentrate now on ending the political vacuum that allows these anti-peace process elements to thrive?

[Karen Bradley]

Of course we need a robust police response, and that is exactly what we are seeing, but we also need a strong community response, and that again is what we have seen. I know that the hon. Gentleman welcomes the way in which the community has united in condemnation of this act. It has no place and is not what the people of Northern Ireland want. On the restoration of devolved government, as has been said, there is no excuse for what happened and there can be no link to the lack of a sitting Executive but, that said, we do need a sitting Executive.

[Kevin Foster (Torbay) (Con)]

When one visits Londonderry, it is remarkable to see what a friendly and open city it is. It is not a city that should be defined by a handful of extremists who have never accepted the democratic wishes of the people of Northern Ireland or the peace process, whatever excuse they might now try to advance for their actions. Does the Secretary of State agree it is vital that our security services are given all support possible to deal with the situation and that the people involved feel the full force of the law?

[Karen Bradley]

My hon. Friend is absolutely right. We need to make sure the PSNI has the powers it needs to operate, along with the security services, in doing the fantastic job it does. The reduction in the number of incidents is a great testament to the work of the security services and the PSNI, and we want to make sure that that continues.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for her statement. How will she ensure the PSNI has enough resources to investigate not simply this despicable incident, but the terrorist cell going by the name of the New IRA? What Home Office support has been sought to make available all the skills and resources needed to uncover and deal with the terrorist cell on British soil? Have any discussions taken place with the Garda Síochána to prevent IRA activity in Donegal, just across the border, in terms of weapons, bomb-making materials and training?

[Karen Bradley]

A number of the hon. Gentleman’s questions are of an operational nature and it would not be appropriate for me to comment on operational details, suffice it to say that the Government stand four-square behind the PSNI in the work it does.

[Bill Esterson (Sefton Central) (Lab)]

The 300 extra officers announced have been welcomed, including by constituents of mine from Northern Ireland, but they are for Brexit planning. As my hon. Friend the shadow Secretary of State said, the number of officers is still below the number recommended for the PSNI. In the Secretary of State’s conversations with the police and security services, how many more police officers do they say they want to deal with the ongoing security threat?

[Karen Bradley]

The PSNI and the security services do a fantastic job every single day in thwarting plots to disrupt life and to cause injury and harm to innocent civilians in the way we saw on Saturday night. As was said earlier, the terrorists need to get lucky only once; we must work relentlessly. The Government consider business cases for additional resources, as they do all such business cases, to determine what is appropriate.

[Ian Paisley (North Antrim) (DUP)]

The Secretary of State will know that there is a severe terror threat in Northern Ireland, but only a moderate terror threat here. Will there be any alteration in the terror threat here as a result of Northern Ireland terror that could permeate the national border?

[Karen Bradley]

The hon. Gentleman is right to say that the threat from Northern Ireland-related terrorism in Northern Ireland is severe, but the threat from Northern Ireland-related terrorism in Great Britain is moderate. Those threat levels are assessed independently of the Government. We are governed by the assessments of the security services and others in determining the threat levels.

[Sammy Wilson (East Antrim) (DUP)]

The current Taoiseach, Leo Varadkar, has overseen a deterioration in cross-border relations because of his belligerent behaviour towards Britain during the Brexit negotiations. Notwithstanding the hysterical reaction of the Irish Government to Britain’s decision to leave the EU, can the Secretary of State assure us that, not just at a police level but at a political level, security co-operation continues?

[Karen Bradley]

All I can say is that relations between the Police Service of Northern Ireland and An Garda Síochána are at an all-time high and continue to be good. They work towards the same ends: to thwart the terrorists wherever they may be operating.

[Mike Amesbury (Weaver Vale) (Lab)]

I join in the condemnation from Members on both sides of the House of this appalling terrorist attack, and welcome the strong community response from the good people of Derry. The Secretary of State referred to ongoing negotiations for a city deal. What progress has been made in those negotiations?

[Karen Bradley]

All city regions that apply for city deals must go through a process, but negotiations are ongoing, and work is being done by the Ministry of Housing, Communities and Local Government and the Treasury to ensure that the Derry and Strabane city deal can be delivered.

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

Last week I met representatives of the Department of Justice in Northern Ireland to discuss the fantastic job that police officers and the Prison Service do there in very difficult circumstances, in the face of the incredible threat posed by the terrorists. As the Secretary of State will know, they have not received a pay award for some years, unlike police and prison officers across the rest of the United Kingdom. One reason for that is the absence of any Minister, but another is budgetary. Will the Secretary of State undertake to do all that she can, particularly in the current budget round, to ensure that police and prison officers working in those conditions are given the reward that they deserve?

[Karen Bradley]

The hon. Lady is right to mention not just the PSNI and the security services, but the prison officers who are working under immense pressure and do a fantastic job. She is also right to highlight the decisions that need to be taken by Ministers in Northern Ireland with regard to public sector pay. The UK Government are currently undertaking budget-related work. There are restrictions and limits when it comes to what I can do as Secretary of State, because many of these matters are devolved, but I note the points that the hon. Lady raises.

[Gavin Robinson (Belfast East) (DUP)]

I echo the condemnation that has been expressed, and, indeed, the praise for the police and other emergency services. As my party’s Defence spokesperson, may I specifically mention the ammunition technical officers who are deployed all too frequently in Northern Ireland? They were deployed three times a week in 2015 and once a week in 2016, and they are still being called regularly—every week—to a dangerous situation, be that related to bombs, improvised explosive devices, under-car booby traps or hoaxes. I believe it was wrong when, in 2017, the Cabinet Office refused to honour those great servicemen with a general service medal. Given their activities last night, two years ago—when Adrian Ismay was killed in my constituency—and each and every week in dealing with an ongoing terrorist threat, may I ask the Secretary of State to engage with the Defence Secretary and the Cabinet Office to right that wrong?

[Karen Bradley]

The hon. Gentleman refers to yet more incredibly brave individuals who work hard to ensure that we are all safe, and that the people of Northern Ireland, in particular, can sleep soundly in their beds. Sadly, on Saturday night, a number of people managed to get through so that some were not able to do that, which is something that we do not want to see. As for the hon. Gentleman’s specific point about recognition for those individuals, I suggest that he takes it up with the Secretary of State for Defence, but I will raise it with my right hon. Friend the Minister for the Cabinet Office as well.

BILL PRESENTED

European Union (Withdrawal) (No. 3)

Presentation and First Reading (Standing Order No. 57)

Yvette Cooper, supported by Nicky Morgan, Norman Lamb, Hilary Benn, Nick Boles, Liz Kendall and Sir Oliver Letwin, presented a Bill to make provision in connection with the withdrawal of the United Kingdom from the European Union.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 321).

Security Situation in Northern Ireland

Karen Bradley Excerpts

Monday 17th December 2018 Written Statements

[The Secretary of State for Northern Ireland (Karen Bradley)]

This is the twelfth written statement to Parliament on the security situation in Northern Ireland since the Independent Monitoring Commission concluded its work in July 2011. It covers the security situation and threat from Northern Ireland related terrorism, rather than from international terrorism, which Members will be aware is the responsibility of my right hon. Friend the Home Secretary, who updates the House separately.

In the 13 months since the last statement on Northern Ireland’s security situation, a small number of violent dissident republican terrorist groups have continued to pursue a campaign of violence. Violent dissident republican terrorists are relatively small, disparate groupings. They remain intent on killing and undermining the will of the vast majority of the people of Northern Ireland who have repeatedly and consistently expressed their desire for peace. These groupings choose to pay no heed to this and continue to plan attacks with the purpose of murdering and maiming those who work on a daily basis to uphold the rule of law and protect the whole community. In attempting to impose their unwanted control on people across Northern Ireland, these groupings also choose to ignore democracy, principles that have been, and will continue to be, central to the political process in Northern Ireland.

In 2016, dissident republican terrorists murdered prison officer Adrian Ismay while in 2017 they again demonstrated their lethal intent, including one attack where a petrol station forecourt was sprayed with gunfire and two police officers were wounded. There have been two attempts to murder police officers since the last written statement, with numerous other plots identified and prevented by the Police Service of Northern Ireland (PSNI) and MI5. These included shots fired at police officers during rioting in Londonderry in July of this year. This incident, like many dissident republican terrorist attacks, posed a risk to members of the public in the immediate area as well as the police officers who were targeted while they were working to keep communities safe.

I wish to pay tribute to all the agencies, including the PSNI, MI5 and the bomb disposal teams, who work on a daily basis to keep people safe. In many cases their work can make them the target of dissident republican terrorists. I applaud the work they do across Northern Ireland, their professionalism and the personal sacrifices that so many of them make in support of this vital work. I also commend the work undertaken by An Garda Siochana, and the excellent relationship they have with their counterparts in Northern Ireland. This has had a significant impact on dealing with the threat. The commitment of such a wide variety of agencies to public service and to the communities they serve, stands in stark contrast to the acts of dissident republicans.

While terrorist attack planning continues, law enforcement pressure has reduced the number of national security attacks. Since the start of 2018 there has been one national security attack, compared to five in 2017, four in 2016 and a total of 16 attacks in 2015 and 40 in 2010. Although there has been a reduction in the overall number of national security attacks in recent years, vigilance in the face of this continuing threat remains essential and the threat level remains

Since October 2017, MI5 has identified a number of violent dissident republican attack plots; two attacks were attempted, but were ultimately unsuccessful, and others were disrupted. This success is in no small measure due to the continued close working between PSNI and MI5, as well as with the authorities in Ireland. Each of the main violent dissident republican groups has suffered significant disruption including the loss of personnel and weapons in the past 12 months. During the past 12 month period (1 October 2017-30 September 2018) in Northern Ireland, there have been 143 arrests under the Terrorism Act, with 16 people subsequently charged. During the same period, 45 firearms, 0.74kg of explosives and 3157 rounds of ammunition have been seized. This pressure, and other interventions, is a barrier to, and a brake on dissident republican activity of all kinds, although I assess that, in the coming months, dissident republican terrorist groups will continue to seek to attack officers from the PSNI, prison officers and members of the armed forces.

As a consequence of violent dissident republicans’ actions and intent, the threat from Northern Ireland Related Terrorism in Northern Ireland remains SEVERE, which means an attack is highly likely. In Great Britain, the threat from Northern Ireland Related Terrorism was reduced in March this year from SUBSTANTIAL to MODERATE, which means an attack is possible, but not likely.

The Government have consistently made it clear that terrorism, including Northern Ireland Related Terrorism, will not succeed and tackling it continues to be of the highest priority. We are determined to keep people safe and secure across the United Kingdom. To support this effort over this Parliament we have provided £160 million of additional security funding to the PSNI to tackle the enduring threat from Northern Ireland Related Terrorism. This is significant funding. They recognise the severity of the terrorist threat; it demonstrates our unwavering commitment to the brave men and women in the police and intelligence agencies, and it is helping to keep people safe.

Paramilitary groups, both republican and loyalist, continue to carry out violent criminal attacks against members of their own communities. So far this year there have been 64 such attacks. This includes one paramilitary related death, 16 casualties of paramilitary style shootings and 47 casualties of paramilitary style assaults. The hypocrisy of paramilitary-linked criminals claiming to act to defend their communities from anti-social behaviour and drug dealing, while at the same time profiting from this activity is not lost on affected communities. They are targeting the most vulnerable members in their communities as they try to exert control and fear.

This Government continue strongly to support ongoing efforts to tackle paramilitarism and organised crime in Northern Ireland through the delivery of the commitments made in the executive’s action plan on tackling paramilitary activity, criminality and organised crime. This work is, by design, a collaborative endeavour being taken forward by a partnership of more than 24 organisations, including executive departments, statutory bodies and voluntary and community sector partners. Delivery is being achieved through four connected and mutually reinforcing approaches, aimed at developing long term prevention measures; building confidence in the justice system; building capacity to support communities in transition; and putting in place the strategies and powers to tackle criminal activity. Supporting the move away from paramilitary activity and promoting a culture of lawfulness are key underpinning are providing £25 million over five years to support a Northern Ireland executive programme of activity. This resource is being matched by the executive, giving a total of £50 million. The Independent Reporting Commission (IRC) is charged with reporting on progress towards ending paramilitary activity, and its first report was published on 23 October 2018.

In the last year significant progress has been made. For example, key initiatives already making a difference include outreach programmes aimed at supporting young people in areas particularly vulnerable to paramilitary activity; a programme delivering mentoring support for young men; and one for women aimed at building their capacity to be involved in community transformation. Work also continues on the speeding up justice programme, and the PSNI is working with communities to implement training and interventions in collaborative problem solving, as well as local initiatives to address issues of visibility and engagement. Young people have also been taking part in a programme on lawfulness being run by the Attorney General for Northern Ireland, and a number of other pilot projects on the theme of promoting a culture of lawfulness are being delivered by a range of partners.

In addition, since the Paramilitary Crime Task Force, which comprises the PSNI, the National Crime Agency (NCA) and Her Majesty’s Revenue and Customs (HMRC), became fully operational in 2017, it has carried out a number of high profile operations against organised crime groups linked to paramilitaries. During 2017-18 the Task Force carried out over 110 searches and made over 47 arrests, including 44 people charged or reported to the Public Prosecution Service. In addition, 21 paramilitary-related organised crime groups were frustrated, disrupted or dismantled.

Conclusion

In conclusion, the SEVERE threat from dissident republican terrorists remains and paramilitary activity continues to have an impact in certain communities in Northern Ireland. Considerable progress has been made but the need for vigilance remains. There are a relatively small number of people who wish to continue to commit acts of terror and who want to control communities through violence for their own criminal ends. Through the excellent work of PSNI, MI5 and other law enforcement agencies including An Garda Siochana, we will continue to bring to justice those who seek to cause harm in our society. There never has been, and there never will be any place for terrorism or paramilitary activity in Northern Ireland. We all must play our part so that we can continue to allow Northern Ireland to flourish and ensure a stronger Northern Ireland for everyone free from this harmful and malign activity.

[HCWS1187]

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 Commons Chamber

[Karin Smyth]

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]

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 (Harrow West) (Lab/Co-op)]

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]

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]

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]

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]

Victims’ pensions.

[Karen Bradley]

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]

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]

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.

[Sir Mike Penning]

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]

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 (St Helens North) (Lab)]

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]

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]

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]

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]

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]

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]

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]

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.

[Sir William Cash (Stone) (Con)]

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]

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.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Karen Bradley Excerpts

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

[The Secretary of State for Northern Ireland (Karen Bradley)]

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.

[Stephen Pound (Ealing North) (Lab)]

Jonathan.

[Karen Bradley]

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 (Congleton) (Con)]

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]

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 (North Down) (Ind)]

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]

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]

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]

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

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

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

[Karen Bradley]

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

[David Simpson (Upper Bann) (DUP)]

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]

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 (Dwyfor Meirionnydd) (PC)]

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]

Language rights are human rights and the Irish speakers of Ireland deserve fair play.

[Karen Bradley]

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]

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]

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

[Sir Jeffrey M. Donaldson]

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

[Mr Speaker]

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

[Karen Bradley]

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 (Belfast South) (DUP)]

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]

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 (Pontypridd) (Lab)]

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]

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.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

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]

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 (Oxford West and Abingdon) (LD)]

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]

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 (South Antrim) (DUP)]

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]

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 (Kingston upon Hull North) (Lab)]

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]

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 (Chelmsford) (Con)]

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]

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.

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

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]

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]

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]

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]

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]

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]

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]

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]

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]

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 (Belfast East) (DUP)]

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]

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.

[Mrs Anne Main (St Albans) (Con)]

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]

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.

[Owen Smith]

rose—

[Sammy Wilson (East Antrim) (DUP)]

rose—

[Karen Bradley]

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

[Sammy Wilson]

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]

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.

[Owen Smith]

rose—

[Karen Bradley]

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

[Owen Smith]

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]

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 (East Renfrewshire) (Con)]

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]

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]

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]

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]

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 (Business of the House)

Karen Bradley Excerpts

Wednesday 24th October 2018 Commons Chamber

[The Secretary of State for Northern Ireland (Karen Bradley)]

The motion is exactly the same as the programme motion tabled to the Budget Bill earlier this year. It is the standard programme motion used for this kind of emergency legislation. The Government are not at all trying to do anything underhand.

[Mr Speaker]

This is, of course, a Business of the House motion, rather than a programme motion, but I think I know at what the Secretary of State is getting.

Amendment agreed to.

Main Question, as amended, put and agreed to.

Resolved,

That the following provisions shall apply to the proceedings on the Northern Ireland (Executive Formation and Exercise of Functions) Bill:

Timetable

(1)(a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be taken at today’s sitting in accordance with this Order.

(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) four hours after the commencement of proceedings on the Motion for this Order.

(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) six hours after the commencement of proceedings on the Motion for this Order.

Timing of proceedings and Questions to be put

(2) When the Bill has been read a second time:

(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;

(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(3)(a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(4) If, following proceedings in Committee of the whole House and any proceedings on Consideration of the Bill, a legislative grand committee withholds consent to the Bill or any Clause or Schedule of the Bill or any amendment made to the Bill, the House shall proceed to Reconsideration of the Bill without any Question being put.

(5) If, following Reconsideration of the Bill—

(a) a legislative grand committee withholds consent to any Clause or Schedule of the Bill or any amendment made to the Bill (but does not withhold consent to the whole Bill),

(b) the Bill is amended to remove any provisions which are not agreed to by the House and the Legislative Grand Committee, and

(c) a Minister of the Crown indicates his or her intention to move a minor or technical amendment to the Bill,

the House shall proceed to consequential Consideration of the Bill without any Question being put.

(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chairman or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply—

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(ba) the question on any amendment, new clause or new schedule selected by the chair or Speaker for separate decision;

(c) the Question on any amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded;

and shall not put any other questions, other than the question on any motion described in paragraph (17)(a) of this Order.

(7) On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

(8) If two or more Questions would fall to be put under paragraph (6)(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.

(9) If two or more Questions would fall to be put under paragraph (6)(d) in relation to successive provisions of the Bill, the Chairman shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

Consideration of Lords Amendments

(10)(a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(11) Paragraphs (2) to (11) of Standing Order No. 83F (Programme orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (10) of this Order.

Subsequent stages

(12)(a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(13) Paragraphs (2) to (9) of Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (12) of this Order.

Reasons Committee

(14) Paragraphs (2) to (6) of Standing Order No. 83H (Programme orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order.

Miscellaneous

(15) Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.

(16) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

(17)(a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.

(b) No notice shall be required of such a Motion.

(c) Such a motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.

(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.

(18)(a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(b) The Question on any such Motion shall be put forthwith.

(19) No debate shall be held in accordance with Standing Order No. 24 (Emergency debates) at today’s sitting after this Order has been agreed.

(20) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(21) No private business may be considered at today’s sitting after this Order has been agreed.

Independent Reporting Commission

Karen Bradley Excerpts

Tuesday 23rd October 2018 Written Statements

[The Secretary of State for Northern Ireland (Karen Bradley)]

I have received the first substantive report from the Independent Reporting Commission (IRC).

The IRC was established by the UK Government and the Irish Government by way of an international treaty to report on progress towards ending paramilitary activity connected with Northern Ireland. This emanated from the Fresh Start agreement of November 2015. The agreement set out the Northern Ireland Executive’s responsibility for tackling paramilitary activity and associated criminality. This work is being taken forward through a Northern Ireland Executive action plan which contains 43 recommendations.

This is a significant report which benchmarks the progress which has been achieved to date and reminds us of the challenging work still to be done to ensure that communities are freed from the threat of paramilitarism.

The absence of a functioning Executive has obviously had an impact on this important work. Despite intensive efforts it has not yet been possible for the parties in Northern Ireland to reach political agreement. I remain resolute in finding a way forward in relation to that. This is why I am taking legislation through this House to provide for a limited period in which the parties can engage in talks and form an Executive.

I have today presented this report, along with the IRC’s annual report and accounts for 2017-18, to Parliament.

I would like to thank the commissioners for all of their work to date.

[HCWS1027]

Northern Ireland Government

Karen Bradley Excerpts

Thursday 6th September 2018 Commons Chamber

[The Secretary of State for Northern Ireland (Karen Bradley)]

With permission, Mr Speaker, I would like to update the House on the restoration of government in Northern Ireland.

Northern Ireland needs devolved government. It needs all the functioning political institutions of the Belfast agreement and its successors. As significant decisions are taken at this critical time, Northern Ireland’s voice must be heard. With new powers coming back from Brussels and flowing to Stormont, Northern Ireland needs an Executive in place to use those powers to meet the challenges and opportunities ahead. As relationships evolve, a functioning North South Ministerial Council is vital to ensure that Northern Ireland makes the most of its unique position within the UK and in relation to Ireland.

Other critical strategic decisions need to be taken for Northern Ireland—on, for example, investment, reform of public services and future budgets. Critical cross-cutting programmes addressing social deprivation and tackling paramilitarism are stalling following 19 months without devolved government. As this impasse continues, public services are suffering. Businesses are suffering. The people of Northern Ireland are suffering. Local decision making is urgently needed to address this. The only sustainable way forward lies in stable, fully functioning and inclusive devolved government. With determination and realism, we must set a clear goal of restoring the devolved power-sharing Executive and Assembly.

In the absence of an Executive, I have kept my duty to set a date for a fresh election under review. I have not believed, and do not now believe, that holding an election during this time of significant change and political uncertainty would be helpful or would increase the prospects of restoring the Executive, but I am aware of the current legislative position. In order to ensure certainty and clarity on this issue, I intend to introduce primary legislation in October to provide for a limited and prescribed period during which there will be no legal requirement to set a date for a further election and, importantly, during which an Executive may be formed at any point without the requirement for further legislation. That will provide a further opportunity to re-establish political dialogue, with the aim of restoring the Executive as soon as possible.

While Assembly Members continue to perform valuable constituency functions, it is clear that during any such interim period they will not be performing the full range of their legislative functions. Therefore, in parallel, I will take the steps necessary to reduce Assembly Members’ salaries in line with the recommendations made by Trevor Reaney. The reduction will take effect in two stages, commencing in November. I confirm that this will not reduce the allowance for staff, as I do not think that MLAs’ staff should suffer because of the politicians’ failure to form an Executive.

I wish to commend the key role that the Northern Ireland civil service has played during the period in which there has been no Executive in ensuring the continuity of public services in Northern Ireland. Following the recent decision of the Northern Ireland Court of Appeal in the Buick case, I recognise that there is a need to provide reassurance and clarity to both the NICS and the people of Northern Ireland on the mechanisms for the continued delivery of public services. The legislation I intend to introduce after the conference recess will therefore include provisions to give greater clarity and certainty to enable Northern Ireland Departments to continue to take decisions in Northern Ireland in the public interest and to ensure the continued delivery of public services. I intend to consult the parties in Northern Ireland about how this might best be done. I will also bring forward legislation that will enable key public appointments to be made in Northern Ireland, as I set out in my written statement on 18 July.

At the same time, I am conscious that this is no substitute for the return of elected Ministers taking decisions in the Executive and being accountable to the Assembly. I intend, therefore, to use the next few weeks to engage in further discussions with the parties and the Irish Government, in accordance with the three-stranded approach, with the intention of establishing a basis for moving into a more formal political dialogue that leads to a restoration of the institutions. These discussions will also seek views from the parties on when and how external facilitation could play a constructive role in the next round of talks.

Be in no doubt that no agreement can ever be imposed from outside Northern Ireland. It must be reached by those closest to these issues—those who have been elected to represent the people of Northern Ireland. I believe that the people of Northern Ireland want a restoration of their political institutions, and that is what this Government are committed to achieving. This statement represents a clear way forward and a plan for Northern Ireland, and I commend it to the House.

[Tony Lloyd (Rochdale) (Lab)]

I thank the Secretary of State for advance sight of the statement, although the fact that it was shared with the rest of the world might make that slightly irrelevant. Let me say at the outset that I give a cautious welcome to the proposals she has set out. However, let us be very clear that the demand of the people of Northern Ireland is quite rightly to see the restoration of democratic government, and that demand must be echoed in this Chamber.

I welcome the reference in the statement to external facilitation for future talks, but will the Secretary of State clarify whether we are talking about an independent chair, which we have urged on her in the past, or is this simply a mechanism to move the agenda on? It is important to say that the capacity to have an independent chair is something that could break the logjam. I also welcome the decision—it is overdue—on MLAs’ pay. Members on both sides of the House have been urging this on the Secretary of State and it is well beyond time, so that is a step in the right direction.

We are clear that many decisions on critical issues are now held in the logjam caused by the democratic crisis in Northern Ireland. For example, there is the issue of the existence of the Northern Ireland Policing Board. In the light of the arrest of two journalists over the weekend, that kind of oversight is fundamental to accountable policing in Northern Ireland and elsewhere. There is the issue of nurses’ pay in relation to making sure that a nurse in Newcastle in County Down is paid the same as one in Newcastle upon Tyne. There are also issues with a legislative flavour, such as equal marriage. That has already been sanctioned by the Assembly, but it needs a change to be made here.

It is not acceptable to have a process of governance by judicial review, or a situation in which people cannot go to an elected Assembly Member or Member of this House, but have to go through the courts to seek justice. Part of the test of what the Secretary of State has set out must be whether the kinds of issues that have been mentioned will be resolved. Will it mean that the ordinary folk of Northern Ireland do not have to resort to the courts to seek the kind of justice that my constituents, and those of the Secretary of State, do not have to seek there? Will the arrangements mean that nurses pay will be brought into line and ensure that we have a policing board? The answer to the second point is almost certainly yes, but the answer to the first is less certain.

The answer on the point of equal marriage is within the gift of the Secretary of State. She must recognise that moving away from Good Friday agreement legislation is a significant change, and it is not unreasonable for her to consider when she could use her capacity for legislation in this Chamber to move on those things that Northern Ireland needs.

There is a serious democratic issue at the heart of this. Of course, after the Buick judgment, we must give clarity to civil servants, but at the moment civil servants in Northern Ireland have no one to account to—not the Secretary of State, and not Members of the Northern Ireland Executive. The Secretary of State must look at the democratic deficit over this period—it could run for another 600 days. I do not wish for that, but it brings us back to the central point that we now need to proceed with real urgency. We must have capacity for early decision making, and some of that must be reflected through the only democratic institution available, which is this House. Therefore, some of that oversight must be considered here. That is not direct rule; it is the way in which democracies shine a light on decisions that are being made. Otherwise, we risk civil servants being dragged back into the courts to be judicially reviewed over incinerators or any other decision they want to make.

This is a small step, not the giant leap we need. The Secretary of State is right that we need urgency in the British-Irish intergovernmental conference, and we need five-party talks to be delivered with a degree of urgency that has simply not existed to date. Democratic accountability must be put back. The decisions that are frustrating and blighting the lives of people in Northern Ireland must be brought to a conclusion. This is a small step, and in general terms, guardedly, we will look to support the Secretary of State where appropriate. However, she must do more to break the logjam.

[Karen Bradley]

I thank the hon. Gentleman for his support. The decisions that are being taken today are not easy, and I appreciate his guarded support for what we are doing. I will continue to work with him to ensure that the House is comfortable and happy with the decisions that we are taking. Unfortunately, there is no easy answer. In an ideal situation, we would not have had 19 months without devolved government, but we have had that. We must act within the parameters of the situation in which we find ourselves, rather than where we would like to be.

The hon. Gentleman will know that I have worked throughout with four key principles in mind. First is our commitment to the Belfast agreement, and second is our obligations as the UK Government under that agreement. Thirdly, I have always acted to ensure that we remove any barriers to devolution and the restoration of power sharing. Fourthly, as the representative of the UK Government, I must bear in mind that the 1.8 million United Kingdom citizens who live in Northern Ireland are entitled to good governance, and decisions needed to ensure that good governance have been taken in this House. We will continue to take such decisions as appropriate and with the support of communities within Northern Ireland.

The hon. Gentleman mentioned my reference to external facilitation, and I have made no decisions about the right way to get talks restarted. He is right that those talks need to restart, but I need to work with the parties. Over the next few weeks, I intend to spend an intensive period, working with the parties and with the Irish Government as appropriate, and obviously with Her Majesty’s loyal Opposition—again, as appropriate—to ensure that we have the right framework to get what we all want, which is government restored in Northern Ireland.

The hon. Gentleman refers to MLA pay. I should pay tribute to the hon. Member for North Down (Lady Hermon), who makes this point any time I do anything either in the House or at the Northern Ireland Affairs Select Committee and has been a campaigner on this matter like few others. I did not want simply to beat MLAs by cutting pay; I needed to make sure there was an incentive for them to come back into devolved government. We want to use it to ensure that MLAs and politicians do the right thing and form a devolved Government. As soon as one is formed, the legislation we passed to cut MLA pay will fall away under the sunset clause passed in this House.

On the Policing Board, I have already said I will legislate to make sure that public appointments can be on a statutory footing. The hon. Gentleman is right: the Policing Board is probably the key example that everyone refers to. That is because policing in Northern Ireland has to be done with the consent of the public and all communities there, and having a properly constituted Policing Board is incredibly important to that.

The hon. Gentleman referred to equal marriage. It is probably worth clarifying the situation. While the majority of MLAs voted for equal marriage, it was stopped by the use of the petition of concern, not a failure to act. The Assembly did not give permission for equal marriage legislation to be taken forward. That seems a technicality, but it is the reality of the situation. There is no legal basis on which Northern Ireland can have equal marriage at this stage. I voted for equal marriage in this House, and I am proud to have done so, for my constituents and his—I refer here to Newcastle-under-Lyme, as well as Newcastle in County Down and Newcastle upon Tyne. Equal marriage, as with many other matters, is rightly devolved, and it is right that those decisions be taken by politicians elected by the people of Northern Ireland, not politicians in this Chamber, where appropriate. I respect the principle of devolution. Even if there are things we disagree with, we still have to respect that principle of devolution.

I will look carefully at the hon. Gentleman’s point about oversight and the democratic deficit. In my conversations and discussions with all parties about how decision making can take place, there will be a range of options available to make sure that when we bring legislation forward we do so with the broad support of the people of Northern Ireland and those who represent them. To do otherwise would not help the work we want to do and the clear objective we all have of seeing government restored to Stormont and locally elected politicians being appointed as Ministers and making decisions on behalf of the people who elected them.

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

The Secretary of State mentioned that she is taking these steps in the national interest. Does she feel that it is in the national interest that old soldiers who participated in securing the successful outcome after the years of the troubles and the creation of civil government in Northern Ireland should be dragged through the courts, as is happening at the moment, decades after the events in which they were involved?

[Karen Bradley]

My right hon. Friend has campaigned on the treatment of veterans for many years. I have spent considerable time listening and talking to him about it, and he is right: the current situation is not tolerable. It is not acceptable that veterans are being subjected to a disproportionate focus by the authorities in Northern Ireland. We want to change that, and are consulting on how to do so, to stop veterans being dragged through the courts in the way he has described.

[Kirsty Blackman (Aberdeen North) (SNP)]

I thank the Secretary of State for advance sight of the statement. I also pass on the apologies of our Front-Bench spokesperson, my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands), who has had to go up the road on urgent constituency business. He apologises for the fact that I am here in his place.

The Scottish National party stands by the principle that policy decisions in devolved institutions should be taken by devolved Administrations, rather than by Whitehall. We agree with the Secretary of State on that. On the Brexit negotiations, which are approaching their final stages—apparently—the Irish border is a really significant issue in those negotiations, and it is important that the voice of the people of Northern Ireland be heard in them. Can the Secretary of State give us assurances that that voice will be heard, despite the current absence of a functioning Executive?

The impasse has gone on for a very long time and the Scottish National party agrees that it needs to end. However, I have slight concerns about what the Secretary of State says with regard to talking to all the parties. I appreciate that, but my concern is that it is difficult for the UK Government to be seen to be an honest and unbiased broker given their reliance on the DUP, which is one of the parties involved in this negotiation. Will she try to give us some reassurance on this point, particularly to help the people of Northern Ireland understand her position?

[Karen Bradley]

I thank the hon. Lady for her points. I received a note from the hon. Member for Paisley and Renfrewshire North (Gavin Newlands). I understand that he has constituency business. We are all constituency MPs first and foremost and our constituents come first in all matters, so we all sympathise.

I am grateful to the hon. Lady for her comments and for her support for the proposals. She is right when she says that the voice of the people of Northern Ireland is not being heard through the proper channels in the Brexit discussions. She will know there are representatives of the Scottish Government and the Welsh Assembly in the various Joint Ministerial Committee meetings and so on. They enable the voice of the people of Scotland and Wales to be put through those forums. That is simply not possible without a devolved Government in Northern Ireland. We have ensured that all the main parties in Northern Ireland receive thorough briefings on Brexit. I endeavour, as a member of pretty much every committee on Brexit in the Government, to ensure that the voice of Northern Ireland is heard.

The hon. Lady asks about a framework by which talks could happen. As I said in the statement, I am making no decisions about how talks might best happen. I am very pragmatic about that. I want the talks to succeed, so I will consider and discuss all options with the parties to make sure we get the restoration of devolved government, which is what we all want to see.

[Nigel Mills (Amber Valley) (Con)]

I welcome the statement, but the Secretary of State will know that there are important and sensitive political judgments to make in areas such as health and education reforms which were planned before the Executive fell apart. She envisages giving the power to civil servants to make those really quite difficult political judgments. Does she have another plan for how we can see some progress for those key public services?

[Karen Bradley]

I thank my hon. Friend, who is a very assiduous member of the Select Committee. As I said in my statement, I want to talk to the parties in Northern Ireland to ensure that decision making can be made in a way that has broad support across Northern Ireland. There are a variety of ways that that can be done and a variety of lengths to which we can go in terms of decision-making powers. I want to talk to the parties in Northern Ireland before making any final decisions.

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

My party welcomes the Secretary of State’s announcement, particularly on reducing MLAs’ pay. The DUP is the party of no preconditions: we want to get into government tomorrow. Unfortunately, others who walked out of the Executive have set preconditions. Hopefully, she will get on with that job. May I draw her attention to the part of her statement where she said that MLAs

“will not be performing the full range of their legislative functions”,

thereby justifying the reduction in pay? Does she not apply the same logic to abstentionist Members of Parliament? Yesterday, we had a very important business reception at which the Secretary of State spoke. A Sinn Féin MP actually boasted that they did not have to leave the reception to come up here to vote and go through the Division Lobby. They claim hundreds of thousands of pounds of taxpayers’ money for not performing their full legislative function.

[Karen Bradley]

I thank the hon. Gentleman for his cautious welcome for the announcements I have made today. Pay and allowances for Members of this House are a matter for this House. It is therefore not appropriate for me to comment on them. The decision I have taken today with regard to MLA pay is in relation to the recommendations put to me by Trevor Reaney, which were commissioned by my predecessor, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire). It is right, given that a decision has been taken to deal with the election duty, that we recognise that MLAs are not performing their full range of functions at this stage and that their pay should reflect that.

[Vicky Ford (Chelmsford) (Con)]

I thank the Secretary of State for her comments. It is absolutely unacceptable for politicians to walk away from their decision-making responsibilities but still continue to pocket their pay. I am very pleased to see the Secretary of State for International Development, who holds responsibility for women and equalities, in her place and listening very intently. Does the Secretary of State for Northern Ireland agree that crucial decisions on women’s rights should be taken locally in Northern Ireland, but that if they are not taken they cannot be delayed in perpetuity?

[Karen Bradley]

My hon. Friend is absolutely right to say that these are matters for the devolved Government. That is why we need to see a devolved Government: so that such decisions can be taken by those whom the people of Northern Ireland elected to do so for them. The sooner we have those people in Stormont, taking those decisions and dealing with those important matters, the better for everyone.

[Kate Hoey (Vauxhall) (Lab)]

I thank the Secretary of State for apologising for something that clearly should not have happened. Even now, looking at the BBC report, there is a lot more detail about the salary structure. Will she tell the House exactly what she is going to do on Assembly pay? It is on the BBC website. There is only one party—we all know that—that has refused to go back in without any preconditions. If we get the Assembly back again, what is to stop one party deciding that it is going to walk out again? Are we not coming to the crucial point where, ultimately, we are going to have to look at the arrangements for how the Belfast agreement, in this particular instance, actually works—or does not?

[Karen Bradley]

I apologise again for the error that led to the BBC report. That should never have happened and I apologise again to the House. The hon. Lady asks a question about the mechanics in relation to MLA pay. I will now write to all MLAs to inform them that I intend to reduce their pay in two stages, as set out by Trevor Reaney, with the first reduction in November and the following reduction three months later. I hope that that will incentivise MLAs to come back around the table and to re-form the Government and appoint Ministers, which we all want to see them do. That is the priority for all of us. We want to make sure we deliver that as soon as possible.

[Bob Blackman (Harrow East) (Con)]

It appears that one party, namely Sinn Féin, are frustrating the whole talks process, and that they are doing so for party political advantage in the general election in southern Ireland. May I urge my right hon. Friend to lay out a timetable not only for legislation in this House, but for the talks process that should take place and lead to a natural conclusion? If the talks fail, the conclusion must be what action we have to take in this place.

[Karen Bradley]

I apologise to the hon. Member for Vauxhall (Kate Hoey). My hon. Friend raises the point that she raised. I will address both their points now. We are all concerned about the sustainability of the Executive. This issue needs to be resolved. Clearly, the changes made to the Belfast agreement in the 2007 St Andrews agreement have made the situation we have found ourselves in for the past 19 months more likely. We therefore need to look at the sustainability of the Executive. On a plan or framework for talks, I want to meet all the main parties in Northern Ireland over the next few weeks and make a decision at that stage. As I said earlier, it is important to be pragmatic. We cannot impose this decision; it has to be taken by the politicians in Northern Ireland, on behalf of the people of Northern Ireland.

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

May I invite the Secretary of State to join me in commending Naomi Long on the initiative she took earlier this week in relation to getting the parties together at Stormont and talking? It is surely apparent now that the exercise in collective hand-wringing that we are all engaged in here today is not going to bring about the change that we need. In the past, when we reached an impasse of this sort, we looked outside—I am thinking of the likes of Senator George Mitchell and others who played an important role in moving on the process when that was necessary. Will the Secretary of State give that sort of initiative the bulk of her attention, because, frankly, as somebody who has been engaged in this issue for years now, I do not see any other means of achieving the progress that we need?

[Karen Bradley]

The right hon. Gentleman is right to refer to the initiative of the Alliance party and Naomi Long, who I spoke to earlier today. I commend her for taking that initiative, which demonstrates that there is some low-level engagement between the parties. That is something I want to explore. As I said in my statement, I rule nothing out. I will look at all options, but I need to do the right thing by the parties in Northern Ireland. As I have said previously, I cannot impose this; it has to be something that the parties in Northern Ireland are willing to choose and comply with.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for coming to the House today and for the statement that she made. She has rightly related and referred to the strategic decisions on investment in agri-food sectors, which I have discussed with the Minister of State, and on issues of health and education, roads, fishing and so on—things that are critically important. There is a need to address the issue of social deprivation, as well as tackling paramilitarism, which is rampant in my constituency, as the Secretary of State knows.

The announcement on MLA pay is the right decision—I put that on record—although most MLAs, including my own colleagues, want to get the Assembly working fully and immediately. However, everyone is being punished due to the refusal of one party, namely Sinn Féin. If we are going to hit the pockets of Northern Ireland Assembly Members, which is right, does the Secretary of State agree that the same principles being applied to Northern Ireland Assembly Members should now apply to those who refuse to do their work in this House?

[Karen Bradley]

The hon. Gentleman refers to many, many of the decisions that need to be taken. We need ministerial decisions to be taken so that those many urgent matters around public services and their delivery, the reform of health and education, and matters regarding paramilitarism can be dealt with. We need Ministers to do that, and the right Ministers to do it are those whom the people of Northern Ireland elected to represent them. That is what we all want to see.

The hon. Gentleman made the same point as his colleague, the hon. Member for East Londonderry (Mr Campbell), regarding the situation in the House. That is a matter for the House, and I am sure the hon. Gentleman will take it up with the House authorities, which no doubt he does on a regular basis.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

In response to the hon. Member for Aberdeen North (Kirsty Blackman), the Secretary of State outlined the approach with the Northern Ireland parties on Brexit in general. In the absence of a functioning Assembly, will she outline how she is working with the Northern Ireland parties, in particular on the movement of goods and of people across the Irish border after Brexit?

[Karen Bradley]

The hon. Gentleman will have seen the Government’s White Paper, which sets out our proposals on the movement of goods and people following the United Kingdom’s departure from the European Union. He will have seen that the White Paper sets out pragmatic and sensible suggestions as to how those movements could continue in the way that they have done historically and in a way that works for the whole United Kingdom. Clearly, the Northern Ireland parties have been briefed on the White Paper, which is a public document.

Northern Ireland: Appointments

Karen Bradley Excerpts

Wednesday 18th July 2018 Written Statements

[The Secretary of State for Northern Ireland (Karen Bradley)]

The ongoing absence of a Northern Ireland Executive has meant that a number of key public appointments cannot be made both in Northern Ireland and to some posts appointed by UK Ministers. As I told the House on 20 June, Official Report, column 309, this is an issue that I have been considering carefully.

While my overriding priority remains reaching agreement on restoring an inclusive power-sharing Executive, it is clear that there are current and developing issues in relation to certain public appointments in Northern Ireland that need to be addressed urgently. If an Executive is not in place soon, I intend to take measures to ensure good governance and the continued functioning of vital public bodies. This is consistent with my wider political strategy which aims to ensure we take the necessary action in the absence of Northern Ireland Ministers while we also continue to remove the obstacles to the restoration of a fully functioning Executive and Assembly.

Existing legislation confers responsibility for the most significant public appointments in Northern Ireland on Northern Ireland Ministers. Therefore, in the absence of Northern Ireland Ministers, new legislation is needed in the autumn to enable certain key Northern Ireland and UK appointments to be made.

This legislation would allow for certain specified appointments normally made by Northern Ireland Ministers to be made by the relevant UK Minister, either the Secretary of State or the Lord Chancellor as appropriate to the appointment being made. I have considered whether each appointment is essential for good governance and public confidence in Northern Ireland and my officials have engaged with the main political parties in Northern Ireland.

Currently, I am of the view that the appointments specified in the legislation would address the most pressing appointments held up by the lack of Northern Ireland Ministers, including the Northern Ireland Policing Board, the Northern Ireland Judicial Appointments Commission and the Probation Board for Northern Ireland. Further consideration is being given to the ongoing ability of Northern Ireland departments to make appointments already conferred on them in legislation. The legislation would also need to address those appointments to key UK Government-sponsored bodies that cannot be made as they require consultation with Northern Ireland Ministers, such as the chair of the Disclosure and Barring Service. Detailed policy work will continue over the summer on how to achieve this, should legislation be necessary.

Any such legislation would, of course, apply only while there are no Northern Ireland Ministers in place. Once a new Northern Ireland Executive is formed, the responsibility for appointments in Northern Ireland would return to Ministers in that Executive, and UK Ministers would again be required to consult Northern Ireland Ministers prior to making certain UK-wide appointments.

We are continuing to engage closely with the political parties, and the Irish Government as appropriate, to encourage and support work towards an accommodation to restore the Executive. This legislation would contribute towards ensuring good governance in Northern Ireland while the Government redouble those efforts to restore a locally elected, democratically accountable devolved Government.

[HCWS868]

Northern Ireland: Recent Violence

Karen Bradley Excerpts

Wednesday 18th July 2018 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

(Urgent Question): To ask the Secretary of State for Northern Ireland to make a statement regarding the recent violence in Northern Ireland and to outline what the Government are doing to assist the Police Service of Northern Ireland and local community organisations to ensure that violence does not return to the streets of Northern Ireland.

[The Secretary of State for Northern Ireland (Karen Bradley)]

I start by paying tribute to the brave men and women of the Police Service of Northern Ireland and the emergency services. They have been working relentlessly over recent weeks to keep people safe and secure, and in some cases they have come under attack while doing so. I am sure the whole House will agree that we owe them a huge debt of gratitude. I, like the hon. Gentleman, was in Northern Ireland on 12 July to be briefed on the ground by the Chief Constable and the chair of the Northern Ireland Policing Board, when I stressed once again our admiration and support for the work that they do. This morning, I had further conversations with the Chief Constable and the head of the Northern Ireland civil service for an update on the latest situation.

Let me now set out the factual position. Last week, on 11 July, in Belfast and some surrounding areas of County Down, there were episodes of serious disorder following a court order to remove a bonfire that was considered to be unsafe. The public disorder took place throughout the evening and into the night, resulting in a number of hoax security alerts, pipe bombs, and a number of vehicle hijackings. A number of sporadic, isolated acts of violence have taken place in the days since 11 July, causing some damage to property—but thankfully there have been no injuries. I know from discussions with the Chief Constable that every effort is being made to bring to justice those responsible for this reprehensible activity. In addition, we witnessed unrelated but serious disorder in Londonderry last week. This included violent acts of provocation against the police and, in some cases, petrol bombs being thrown at residential properties. There was also a serious shooting attack against police officers that could easily have injured anyone in the area.

I have been absolutely clear in my condemnation of this activity, which is a matter of deep concern for everyone who wants to see a peaceful and prosperous Northern Ireland. I am also clear that this violence is not representative of the wider community in Derry/Londonderry. As the Chief Constable informed me this morning, there have so far been 15 arrests in connection with the violence in Londonderry, and 10 people have been charged. I know that the PSNI will continue to do all it can to bring those responsible before the courts. In many cases, it would appear that young people are being exploited and goaded into criminal activity by adults who have nothing to offer their communities.

For our part, the Government have invested significantly in the PSNI, with some £230 million of additional security funding in the 2010 Parliament and £160 million over the current spending review period. In addition, as a result of the 2015 Fresh Start agreement, we are providing £25 million to help tackle the scourge of paramilitary violence. Let me be very clear: paramilitary activity was never justified in Northern Ireland in the past, and it cannot be justified today. It must stop, and I know that the Chief Constable is committed to using the full force of the law to that end. All of us need to work together, across the whole community, to see that the malign influence of paramilitary activity is ended for good.

[Tony Lloyd]

I thank the Secretary of State for her comments so far. I join her in recognising the work of the PSNI, but also the work of community groups, particularly in Derry/Londonderry, who came together last Friday and whose actions almost certainly had an impact on the ongoing levels of violence that had taken place in the city. I also want to mention the forbearance of the communities that felt themselves under attack during that period.

I would say to the House, and probably to people in Great Britain, that the situation that took place last week, with different causes and different motivations, was unacceptable. None of us should over-dramatise what took place, but none of us should be foolish enough to think that it does not matter. We saw burnt-out buses across east Belfast. We saw one bus, at least, in Newtownards, hijacked at gunpoint. We saw a return to political violence in Derry/Londonderry. We also saw, as the Secretary of State said, the use of live rounds, possibly with the intent to take life—the life of a PSNI officer. That means that we are talking about very serious levels of civil disorder. I pay tribute to those who are bringing to bear efforts to control this. Nevertheless, we have to take it seriously.

There is now an obligation of leadership on Arlene Foster and on Michelle O’Neill, the respective leaders of the Democratic Unionist party and Sinn Féin, but there is also a demand for leadership from the Secretary of State and from the United Kingdom Government. In particular, we must now ensure that the Good Friday institutions are made once again to work. They were put in place precisely because they brought an end to the troubles. Some of them have fallen seriously into disrepute, others almost casually into disrepute.

In that context, I welcome the Secretary of State’s call to re-establish the British-Irish Intergovernmental Conference. That is right and proper. However, we need to know what the agenda of its first meeting will be. Will it look, for example, at the recent political violence and at the need to get the Stormont Assembly back into operation? It is not just a question of east-west; the BIIGC also has a role to play in the situation in Northern Ireland. The meeting also cannot be allowed to be a one-off. The BIIGC now has to be brought on to the basis of being a standing conference, so that the Government in Dublin can work with the Government here to bring legitimate pressure. We must also see the restoration of the Stormont Assembly, which is perhaps the most important institution. There the Secretary of State must take action, bringing all parties together until there is a resolution. That really does matter.

Finally, we congratulate the PSNI on its work. It is one of the real achievements of the Good Friday agreement, in generating trust across different communities. However, it is under-resourced, even on the basis of the Patten recommendations; the Chief Constable has requested 300 extra officers. The Secretary of State must now show real action. Northern Ireland has had 547 days without a Government, breaking the record held by Belgium for non-government. That is not a great record. She must give leadership and get people back round that table.

[Karen Bradley]

The hon. Gentleman made a number of points. I start by joining him in paying tribute to the community groups in both Derry/Londonderry and Belfast. In east Belfast, community groups worked hard to ensure that the issues around bonfires were managed so as to minimise the effects. I am not complacent—I recognise that we saw violence that is unacceptable—but the community groups really helped by working together. I pay tribute to those groups and those communities, who, as he said, are the ones in the firing line—literally, in this case.

The hon. Gentleman is right that what we saw is unacceptable. Like him, last Thursday I saw those burnt-out cars and the level of disorder. To suggest that that level of disorder is acceptable on the streets of the United Kingdom—anywhere in the United Kingdom—would be absolutely inaccurate. We all join together in this House in condemning the activities and in paying tribute again to the PSNI and the work that it does.

The hon. Gentleman mentioned the PSNI’s resources. He will know that it has put in a specific bid around further resources and we are ensuring that that is looked at in government. Again, I pay tribute to the PSNI. As he said, we do have a British-Irish Intergovernmental Conference next week, the agenda for which will be available. We obviously want to ensure that we have an appropriate agenda that reflects the conference’s strand 3 nature.

I now finally join the hon. Gentleman in agreeing that we need devolved government in Stormont. Devolved government and the institutions established under the Belfast agreement are key. The relative peace and security we see in Northern Ireland is as a result of that agreement. I, as Secretary of State, will not shy away from taking steps that need to be taken to ensure good governance in Northern Ireland, but I agree that the best, most appropriate and effective way for the people of Northern Ireland is to see those decisions taken in Stormont.

[Mark Pritchard (The Wrekin) (Con)]

I do not think I have ever commended the comments of any Sinn Féin politician before in this House, but does the Secretary of State agree that the comments of Gerry Adams, the former Sinn Féin leader, were helpful rather than unhelpful, and correct in that it is dialogue, not violence, that Northern Ireland needs?

[Karen Bradley]

I agree with my hon. Friend on the comments made by Gerry Adams and those made by Mary Lou McDonald, the president of Sinn Féin. I also agree with comments made by political leaders across all parties in Northern Ireland condemning the violence. The fact that the people of Northern Ireland have heard their political leaders saying the same thing with the same voice is incredibly important. That message needs to be made to the very, very small number of people—it is a very small number now—who do not believe that the way to resolve the issues in Northern Ireland is through dialogue rather than violence.

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

We on the Scottish National party Benches of course condemn any acts of violence in Northern Ireland and any attempts by any party to destabilise the Good Friday agreement. I also pay tribute to the PSNI for its response to the unrest and for keeping local communities safe. The fact that all parties have condemned the violence demonstrates an appetite to work together constructively, thereby creating a window of opportunity for further talks on restoring power sharing.

Simon Coveney has visited Derry and met the PSNI and residents, but the Secretary of State has not yet visited any areas affected by the violence. Will she tell the House why that is? Why has it taken an urgent question for her to address the House on this very important issue?

Does the Secretary of State believe that the vacuum in leadership, and instability, has led to this increased tension and unrest? There have been months and months of political drift. Will she tell us in detail what she is doing to restore power sharing at Stormont?

[Karen Bradley]

I thank the hon. Gentleman for his comments and for joining in the condemnation of the activity that we have seen. It is incredibly important to hear that united voice from this House, sending support and a message to those people in Northern Ireland who are standing up against violence.

I wish to correct the hon. Gentleman. He suggested that I had not visited any of the affected areas, but I was in east Belfast and Newtownards on Thursday, the site of some of the violence, and I intend to be in Derry/Londonderry in the near future. It is also worth saying that, as well as Simon Coveney, Arlene Foster visited the Fountain estate in Londonderry over the weekend, again to show her solidarity with the community. He is right that the answer is to have devolved government in Stormont and to have those politicians, who are speaking with one voice—I pay tribute to them for that—not just speaking with one voice but acting with one voice.

[Maria Caulfield (Lewes) (Con)]

I join my right hon. Friend in expressing deep admiration for the PSNI. Given that there is no functioning Assembly in Northern Ireland, will she identify what resources and extra support are going in to help support the PSNI and community groups, so that they can deal with any escalation in violence?

[Karen Bradley]

My hon. Friend is right to reflect on the fact that great credit needs to be paid to the PSNI. She asks about additional resources. In my comments I mentioned that the 2015 Fresh Start agreement provided £25 million of additional funding from the UK Government to help to tackle the scourge of paramilitary violence, and we have also put in £230 million in the 2010 Parliament and £160 million over the current spending review period.

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

I join the Secretary of State and the shadow Secretary of State in defending and exhorting the security services and community representatives in the light of the ongoing violence. The most sustained campaign of violence was in the Fountain/Bogside area of Londonderry. She is right: I invited my party leader there to tour the area—hopefully, the shadow Secretary of State will be able to do the same with his party leader—to speak to the people who have suffered as a result of violence. First, will she confirm that she has received a written invitation from me to come and visit the area very urgently? Secondly, will she review the security implications of the fencing there, so that the people who have lived under threat and under terror for many, many years can receive some comfort and assurance that action will be taken to help them?

[Karen Bradley]

The hon. Gentleman is an assiduous constituency MP, who regularly raises many constituency issues with me. I join him in his tributes to the community and the PSNI for the work they have done. I can confirm that not only did I receive a written invitation from him but he personally hand-delivered that written invitation, so I have definitely received it.

[James Heappey (Wells) (Con)]

During my own service in Northern Ireland, I have seen at first hand the skill with which PSNI officers react proportionately but robustly to public disorder and paramilitary criminality in the Province. Will my right hon. Friend join me in expressing admiration for the bravery and restraint that the PSNI shows when policing these very challenging situations?

[Karen Bradley]

I join my hon. Friend in saying exactly that. I visited the gold command centre on Thursday morning to see the work that those very dedicated public servants do; that is something that I will take with me for a long time.

[Owen Smith (Pontypridd) (Lab)]

I also commend the PSNI and the community for the work they have done and unreservedly condemn those people who have perpetrated violence in Northern Ireland. Will the Secretary of State acknowledge that the vacuum in our politics in Northern Ireland is, while not wholly responsible, at last partly responsible? I urge her to do more to fill that vacuum with political dialogue and restore the institutions.

[Karen Bradley]

I agree that we need political dialogue, but there is no excuse for the violence we have seen. There can be no excuse whatsoever. It is totally unacceptable behaviour.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for her response, and for coming to the House to make that clear. I put on record my condemnation of the violence that took place across the Province, but in particular in my constituency of Strangford. Compare that, Mr Speaker, with the next day, when the Secretary of State attended the 12 July celebrations: we had a smashing day. It was good to see her there, and she was obviously very welcome.

What we need, Secretary of State, is more police on the streets. The Patten recommendation talked of 7,500 officers, but we now have 6,715—a shortfall. What are we doing to address that? The PSNI wants to address the scourge of paramilitaries and their activities across the Province. It has a strategy for that, but it needs the officers and needs the resources.

[Karen Bradley]

I did very much enjoy my day in Newtownards. As the hon. Gentleman knows, we have received a request from the PSNI, and we are considering that matter.

--- Later in debate ---

[Nigel Dodds (Belfast North) (DUP)]

I hope I will not repeat what was said earlier. I thank the Secretary of State for what she has said. May I gently say to her that of course the experiences in my constituency over recent years reflect the fact that we have made considerable progress? There was worse violence at the time when the Executive was actually in place, ironically. I just make the point that these things are not necessarily linked. There are particular circumstances in Londonderry and east Belfast. The need for extra police resources is key. That is what the Chief Constable is asking for, and that is what the Secretary of State has heard today.

[Karen Bradley]

As the Chief Constable put it to me today, there has been slow but fragile progress. As the right hon. Gentleman knows, I have received the request from the Chief Constable, and I am considering it.

[Gavin Robinson (Belfast East) (DUP)]

Thank you for calling me, Mr Speaker. I apologise for missing the start of the urgent question. I am grateful to you for your generosity. [Interruption.] I am very grateful, Mr Speaker—and we will move on from that.

The Secretary of State will be aware that, on the evening of 11 July, Assistant Chief Constable Todd made the quite extraordinary declaration that he expected widespread violence in the name of a paramilitary organisation, particularly in my constituency. As the Secretary of State knows, at least a dozen cars, caravans and so on were burnt out, which, to my mind, satisfies the conditions for a Chief Constable’s certificate and for compensation. Has the Secretary of State engaged with the PSNI, and will she confirm that steps are being taken to recognise the involvement of a proscribed organisation, and that compensation will be arranged quickly and efficiently?

[Karen Bradley]

I spoke to the hon. Gentleman, whose constituency was particularly affected, before the events of last week. I have spoken to the Chief Constable, but perhaps I can write to the hon. Gentleman with the specifics of our conversation.