Oral Answers to Questions

Debate between Karen Bradley and Owen Smith

Wednesday 6th March 2019 Commons Chamber

[Karen Bradley]

My hon. Friend has made a good suggestion, which has also been made by a number of parties. However, the Government are steadfast in their commitment to the institutions established under the Belfast/Good Friday agreement and its successors. I want those institutions to be fully restored, and that is what I am working to achieve.

[Owen Smith (Pontypridd) (Lab)]

One way in which the Secretary of State might rebuild some of the trust between the political parties that is necessary for the restoring of devolution would be to make political funding in Northern Ireland more transparent. Will she tell the House whether, and when, she will agree with the Electoral Commission, and backdate the funding legislation to 2014?

[Karen Bradley]

The measures that were taken in the House in respect of transparency of donations were taken with the support of the five main political parties in Northern Ireland, and with broad support across those parties. I will look carefully at the hon. Gentleman’s suggestion, but we must be clear about the need to ensure that such measures are supported in Northern Ireland.

Northern Ireland: Security Situation

Debate between Karen Bradley and Owen Smith

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

[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.

Oral Answers to Questions

Debate between Karen Bradley and Owen Smith

Wednesday 12th December 2018 Commons Chamber

[Karen Bradley]

The hon. Gentleman puts it very well. We need to see this issue dealt with. The current system is not working for anybody. We need to see it resolved. We are working through almost 18,000 responses to the consultation and we look forward to working across the House to find a resolution that works for everyone.

[Owen Smith (Pontypridd) (Lab)]

The Secretary of State is also proposing to support some of the 500 victims of the troubles with a victims pension. Can she tell us when the first payments will be made?

[Karen Bradley]

The hon. Gentleman knows better than anyone that this is a devolved matter. It is a frustration that we do not have an Assembly and an Executive in place to make these decisions, but I want to see progress made.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Karen Bradley and Owen Smith

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

[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.

--- Later in debate ---

[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?

--- Later in debate ---

[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—

--- Later in debate ---

[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.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Karen Bradley and Owen Smith

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

[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.

Northern Ireland: Recent Violence

Debate between Karen Bradley and Owen Smith

Wednesday 18th July 2018 Commons Chamber

[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.

Oral Answers to Questions

Debate between Karen Bradley and Owen Smith

Wednesday 20th June 2018 Commons Chamber

[Karen Bradley]

Northern Ireland benefits substantially from being part of the world’s fifth largest economy, with access to an internal UK market of about 65 million people—the most significant market for Northern Ireland businesses, worth £14.6 billion in sales and supporting thousands of jobs. This Government have built a strong economy that can invest in services such as the NHS and deliver public spending. On Monday, I visited Omagh to see the Strule shared education campus, which is benefiting from £140 million of funding from this Government.

[Owen Smith (Pontypridd) (Lab)]

13. The uncomfortable truth is that production output in Northern Ireland has fallen by 5% and foreign direct investment has fallen by 50%—both being the largest falls in any region of the UK. Does the Secretary of State put that down more to her Government’s complacency about the peace process or their reckless mishandling of the Brexit process?

[Karen Bradley]

The prospects and opportunities for Northern Ireland are absolutely fantastic. I am working to make sure that Northern Ireland benefits from all the opportunities that Brexit affords the United Kingdom.

Northern Ireland (Regional Rates and Energy) Bill

Debate between Karen Bradley and Owen Smith

2nd reading: House of Commons & 3rd reading: House of Commons
Wednesday 21st March 2018 Commons Chamber

[Owen Smith (Pontypridd) (Lab)]

The Secretary of State is right that this is a modest Bill with relatively few clauses and few substantive measures. I thank her and her office for providing me with a draft copy yesterday evening, but it is a pretty poor showing that the rest of the House had precisely 10 minutes to look at the Bill before debating its contents, however modest they are. That does not strike me as a terribly long time to look at a measure that increases taxes on 1.8 million people in this country.

We support the Bill. As the Secretary of State said, it is a necessary measure to allow councils to raise the regional rate. It legislates in an area of clearly devolved competence, and it sets the regional rate at about 4.5%, which is above inflation. My first question—I hope that the Under-Secretary will be able to answer it at the end of the debate—is, how did the Government arrive at that figure? Was it discussed with political parties or with the Northern Ireland civil service, or, indeed, with local councils in Northern Ireland? The Secretary of State could have set a lower or a higher rate. How did she reach that figure?

Will the Secretary of State explain the cash impact on households in Northern Ireland? The explanatory notes are scant, so we do not have an impact assessment, and I do not think that anyone in Northern Ireland knows the net effect on average households. It would be useful to learn that.

The RHI measure was a poorly drawn piece of legislation. It is right that we are extending the cap again today. As the Secretary of State said, the liabilities for the taxpayer were potentially £500 million—some people have even said £700 million—so it is absolutely right that we should legislate to mitigate that figure. We are amending the Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012, which were laid in the Northern Ireland Assembly, passed and amended there. It is Northern Ireland legislation, and we support its further amendment today. However, that raises an important question relating to yesterday’s debate that is vital in the halfway-house period—the limboland—for Northern Ireland. We have had 14 months without an Assembly or Executive, during which Ministers have not been accountable to people, either in Northern Ireland or in the House. We have legislation on issues that fall squarely within the devolved competence of the Northern Ireland Assembly when the Government choose to introduce them, but there are other issues on which the Government choose not to introduce measures. Yesterday, I mentioned the historical institutional abuse inquiry compensation scheme and the prospect of a pension for people who were severely disabled and injured in the troubles.

I was troubled by the answer that the Secretary of State gave to my question, in which she explained why she could not legislate on those things:

“Constitutionally, the inquiry”—

the HIA inquiry—

“was set up by the Executive and reported to the Executive. Unfortunately, the Executive were unable to take decisions on the recommendations before they collapsed…he”—

meaning me—

“will understand that the constitutional implications of the Westminster Parliament or Government taking a decision about something set up by a devolved institution mean that such decisions are not to be taken lightly.”—[Official Report, 20 March 2018; Vol. 638, c. 204.]

I completely accept that, but the Secretary of State is taking a decision—I presume not lightly—to legislate in other areas of devolved competence, including MLA pay, later today. We need to understand why it is deemed permissible to legislate in certain areas but not in others.

To that end, yesterday evening I commissioned the House of Commons Library and an independent Queen’s counsel to provide legal advice to the House, and I will happily place those items in the Library later today. I asked them to explain what the difference might be, constitutionally and legislatively, between those two areas. The Library agreed with what I assumed would be the fairly standard interpretation, which is that there is no constitutional reason why the Secretary of State cannot legislate on historical institutional abuse or on the victims’ pension—the pension for the severely injured and disabled. The Library says:

“As a matter of constitutional law, the UK Parliament can legislate with regard to any matter whatsoever in relation to Northern Ireland, relying on the principle of Parliamentary sovereignty.”

It goes on:

“If the Assembly is unable to introduce legislation, UK Government Ministers may decide that it is either necessary or expedient to ask Parliament to do so.”

Of course, they may decide it is not politically expedient to do so or not timely to introduce those things. That is what we are dealing with here—

[Karen Bradley]

rose—

[Owen Smith]

I hope that when the Secretary of State intervenes she will explain that.

[Karen Bradley]

I wanted to make the point that although, constitutionally, this Parliament can legislate on any matters regarding the United Kingdom, where a matter had been devolved we would be undermining the devolution settlement—that is the point. It would be extraordinary for this Parliament to decide to legislate, unilaterally, where, for example, such an inquiry was set up by the Welsh Assembly or the Scottish Government. We do not take these things lightly and we need to give them great consideration, although I have enormous sympathy with the victims, in both cases.

The hon. Gentleman will know that I was in the Home Office at the time we set up the inquiry on institutional abuse across England and Wales. We carefully considered, and had many debates in the House on, whether the issues in Northern Ireland and the existing Hart inquiry should be brought into that inquiry, but the decision was taken that they should not, because the Executive had already set up the Hart inquiry.

[Owen Smith]

I thank the Secretary of State for that intervention, but she cannot have her cake and eat it. She cannot argue that it would undermine the devolution settlement to intervene and legislate in areas of devolved competence—for example, on the HIA or the pension for those who have been severely disabled—and then do so. She is doing precisely that today on the renewable heat incentive scheme, which was introduced in the Assembly, by the Assembly, for Northern Ireland, and on the regional rates, which is an area to do with local government that is entirely devolved to the Assembly in Belfast. One cannot have one’s cake and eat it. One cannot speak out of both sides of one’s mouth on this issue, and I fear that that is what the Government are seeking to do.

--- Later in debate ---

[Owen Smith]

I will give way to the hon. Gentleman in a moment, because I want to complete this point. I sought some support from KRW Law, a firm of lawyers at the Bar in Belfast. Its view is:

“There are three significant points which would support a conclusion that Parliament should in fact legislate”

particularly in respect of the HIA. It continued:

“(i) The Sewel Convention is a…convention, not a rule of law, and can be departed from for good reasons;

(ii) The constitutional obligation to avoid a vacuum in governance clearly has more weight in the present constitutional circumstances”

where we do not have an Assembly.

The hon. Gentleman raised that second point. The third was that the HIAI made a clear case for intervention. Therefore, I put it to the Secretary of State that there is clear precedent and legal support for her intervening to support some of the most vulnerable and damaged people, either under the terms of the abuse inquiry or in respect of those who have been physically disabled.

I raise the pension for those who were disabled and injured because they are here today—some are in the Gallery for today’s debate and some are meeting hon. Members from across the House. I think they would want to hear from the Secretary of State that she understands the nature of the issues they face.

[Karen Bradley]

rose—

--- Later in debate ---

[Owen Smith]

I give way to the Secretary of State.

[Karen Bradley]

I want to clarify the difference between the two issues the hon. Gentleman is talking about. The HIAI—the Hart inquiry—was set up by the Executive and therefore, constitutionally, it is a matter for the members of the Executive to make a decision on its recommendations. The Hart inquiry reported to the Executive after they had collapsed and therefore they were unable to do that. That therefore gives a legal difficulty: what would the Executive have decided on those recommendations for this Parliament to try to second-guess?

On the victims of the troubles, the hon. Gentleman will know that I have made it clear that this Government are committed to setting up the institutions that were agreed under the Stormont House agreement. We are committed to consulting on how that is done, and as part of that, we will deal with all the issues regarding the victims of the troubles, because I agree with him that those people have been waiting far too long to see remedy for what they went through.

[Owen Smith]

I am grateful to the Secretary of State for the intervention, and let me answer it and the point made by the hon. Member for North Antrim (Ian Paisley). She makes my point for me. She asks what the Executive decided in respect of the HIAI and the answer is we do not know. We know that they said they thought they ought to implement its findings in full—they said that just before the Assembly went down—so we have some clarity on that. Crucially, we do not know what the Executive would have decided in respect of the regional rate and we do not know whether the Assembly would have decided to change the terms of the cap on the RHI, yet we are legislating in this place, in this Bill, to change those things, without any knowledge of what the Assembly would have done. So it precisely relevant to the business at hand—

Northern Ireland Assembly Members (Pay) Bill

Debate between Karen Bradley and Owen Smith

2nd reading: House of Commons & 3rd reading: House of Commons
Wednesday 21st March 2018 Commons Chamber

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

Will the Secretary of State take it from me that many people in Northern Ireland will be grateful she is doing that? As we heard in the Northern Ireland Affairs Committee whenever the former Finance Minister, Alex Easton, came and answered questions from the hon. Member for North Down (Lady Hermon)—it became known as the Alex Easton section—the staff of hard-working MLAs work day and night to deliver the best deal possible for constituents, so this is very good news. We welcome the salary reduction, but people on the ground should not suffer as a result.

[Owen Smith (Pontypridd) (Lab)]

rose—

[Karen Bradley]

I give way to the shadow Secretary of State.

--- Later in debate ---

[Owen Smith]

I too, welcome what I think I heard from the Secretary of State, but may I clarify one point? Is she saying that she does not intend to enact Trevor Reaney’s recommendation that the staff budget should be cut from £50,000 to £37,500? If that is what she has decided, it is an excellent decision.

[Karen Bradley]

That is exactly what I am saying. As I have said, I know how hard my staff work, and I am sure that the staff of all of us in this place work incredibly hard for our constituents. The position of the staff at Stormont should not be prejudiced by what is happening with their political masters.

Northern Ireland Budget (Anticipation and Adjustments) Bill

Debate between Karen Bradley and Owen Smith

2nd reading: House of Commons & 3rd reading: House of Commons
Tuesday 20th March 2018 Commons Chamber

[Owen Smith (Pontypridd) (Lab)]

This is, as the Secretary of State has said, a technical step today. For instant clarity, let me say that we will, of course, support these technical measures and the provisions in the Bill.

I wish to begin by remembering, on behalf of us all in the House, Johnathan Ball and Tim Parry who lost their lives in the IRA atrocity at Warrington 25 years ago today. There has been a commemoration in Warrington today where they are being honoured along with the 54 men, women and children who were injured on that day. I wanted to do that to mark their tragic death and to remind us all of the terrible cost of the troubles and to remind us, too, of the need to complete the journey to reconciliation between communities and to get to a true point of political stability in Northern Ireland. That is something that we should be reminded of today.

[Karen Bradley]

May I thank the shadow Secretary of State for his words? I wish to put it on the record that I add my condolences and thoughts to his. He is absolutely right to reflect that today marks the 25th anniversary of a shocking event that none of us who lived through that time will forget, and it is a stark reminder of how far we have come.

[Owen Smith]

I welcome those words. I was sure that the Secretary of State would reflect on those events.

The Bill does in itself reflect the instability in Northern Ireland and the fact that reconciliation is required. We should remind ourselves, too, that it is actually the seventh year of suspension in the 18 years of the Assembly. It is a measure of some of the problems that we face that we are still in suspension now after 14 months. Other recent comments that have been made in respect of commemorations remind us, too, of the desperate need that we still have for true reconciliation between communities. Although the peace is robust—I know that we all feel that—the reconciliation is still all too fragile.

Notwithstanding the fact that we are discussing a set of technical measures today—it is not formally a budget, as the Secretary of State has explained to us—there are lots of questions to be asked. I hope to pose some of them, including questions about the form of the Bill—what is in it, what is not in it and what should be in it—reflecting some of the comments that have already been made by right hon. and hon. Members.

The first is about the form of the Bill. The Secretary of State said, “We have done something different this year.” She has not done what her predecessor did, which is rely on section 59 of the Northern Ireland Act 1998 to provide 95% of budgets. We have moved to what is in effect a version of the budget and the estimates process that we have for the rest of the United Kingdom at traditional points in the year. The Secretary of State has partially explained why she has done that—because it is an emergency measure—but I still do not completely understand why we have gone down that route. That prompts the question whether this is a further staging post on that famous glide path to direct rule. If that was in the Government’s mind when they went down this route, I urge them to think harder about how they redouble their efforts to try to get things back up and running.

If we are not dealing with a straightforward budget today and if these measures are allocating only 45% of the spending for 2018-19, we will have to have, as the Secretary of State has said, another budget Bill before the summer, which equally makes the point that this is a pretty poor substitute for the sort of scrutiny, intelligence and direction that we would have if we had a Stormont Executive and Assembly setting and scrutinising a budget. Some of the confusion that we have heard about today over the differences between allocations and appropriations and schedules 3 and 4 and about whether we are allowing for spending on the historical institutional abuse inquiry this year is because, effectively, what we have is a piece of cut and paste legislation here. If we read the schedule, it is pretty much exactly, word for word, the same schedule with the same description of the objectives and tasks facing the individual Departments in Northern Ireland as we had in the Northern Ireland Budget Act 2017.

--- Later in debate ---

[Owen Smith]

It will be for the Government and, I hope, for the Executive to make a determination about the balance of payment. My view is that both will have to bear some costs. Some of the Church institutions that were involved will have to bear some of the cost, as happened in the Irish Republic. I think that the costs will be borne by the taxpayers where state-run institutions are involved. The reality is that we all have to recognise—I know that the hon. Gentleman does—that the abuse suffered by those individuals was heinous, and a way must be found for them to be properly compensated. This impasse in Northern Ireland cannot get in the way of that; we need to move forward. In fact, I have a particular question on this matter for the Secretary of State that she might want to listen to.

When I listened to David Sterling, the head of the Northern Ireland civil service, giving evidence to the Select Committee on Northern Ireland Affairs just a month or so ago, my impression was that he is preparing legislation in respect of the HIA. He said explicitly that if there is no Executive in place—he implied by the summer, as that is when the legislation will be ready—he will ask the Secretary of State to introduce legislation in Westminster to give effect to the recommendations of the Hart inquiry. The Secretary of State left a gap at the end of addressing that question, so I just want to be sure that she will introduce such legislation, notwithstanding the fact that we would, of course, like Stormont to do so.

[Karen Bradley]

To be clear, I also heard the evidence given by David Sterling and I have spoken to him about this. Constitutionally, the inquiry was set up by the Executive and reported to the Executive. Unfortunately, the Executive were unable to take decisions on the recommendations before they collapsed. Given the hon. Gentleman’s closeness to this issue throughout his long political career, he will understand that the constitutional implications of the Westminster Parliament or Government taking a decision about something set up by a devolved institution mean that such decisions are not to be taken lightly. But, of course, if David Sterling should write to me with specific requests, I would consider them at that point.

[Owen Smith]

I am grateful to the Secretary of State for that clarification, but she has effectively doubled down on what she said earlier, and that is not good enough. These people have waited long enough. I think that the report came before the Assembly collapsed, and there is widespread political support across the piece that compensation ought to be paid. I therefore hope that, notwithstanding the complications and the sense that we would in some respect be rescinding a measure of devolution, we should find it in this place to legislate and provide the resources. That is the view of the Labour party, and I am sure that the Secretary of State will reflect on that.

[Owen Smith]

The hon. Lady is right. I think that the report came a matter of days after the Executive collapsed. But that does not change my point, which is that there is widespread political support for action. David Sterling clearly thinks that it would be acceptable for us to legislate in this place. I have put on the record that the Labour party thinks that it would be acceptable for us to legislate in this place and that we think that the Secretary of State should do so.

The second area of omission that I wish to bring to the attention of the House is the legacy of the troubles. I know that the Secretary of State is reflecting on this and that it was part of the discussion between the parties in the recent talks that have unfortunately stalled. In the light of the failure of the talks, will the Secretary of State say a little more about whether and how she might bring forward resources and legislation on dealing with the legacy of the past?

[Karen Bradley]

It is probably worth confirming what I have said previously about dealing with the legacy of the past. No doubt, we will talk about this tomorrow during oral questions and the debates on the further legislation that we are bringing forward. I have been clear that the UK Government are committed to setting up the institutions that were agreed in the Stormont House talks process. We will shortly consult on how to set those institutions up, and we remain committed to doing that.

[Owen Smith]

I am grateful to the Secretary of State for that confirmation. I am sure that people in Northern Ireland will find that reassuring. I also ask her to consider the plea made by the Lord Chief Justice of Northern Ireland for a separate set of resources to allow the few remaining legacy inquests to be undertaken in a timely fashion. Some of the people affected are, of course, ill and some have already died. Every passing month leaves injustice hanging in the air. We could also be dealing with that issue in this place.

My third point is that the Bill could and should have included financial provision for a pension for the seriously injured victims and survivors of the troubles. There are still around 500 seriously physically injured survivors, many of whom live in significant financial hardship due to their injuries and the loss of earnings during their lives as a result of the legacy of the troubles. Some believe that we cannot provide a pension for all those 500, as among them are some who were injured by their own hand. I believe that there are six loyalists and four republicans who were injured by their own actions during the troubles. I acknowledge those concerns and the difficulty that this poses. I understand that right hon. and hon. Members have considerable issues with what that would mean for the treatment of victims and for how we move forward in respect of legislation for victims.

Northern Ireland Finances

Debate between Karen Bradley and Owen Smith

Monday 12th March 2018 Commons Chamber

[Owen Smith (Pontypridd) (Lab)]

May I begin by wishing the Secretary of State a very happy birthday for today? I thank her for advance sight of her statement. Of course, we saw most of it last week when the Government effectively published the budget for Northern Ireland in a written statement that came out at 5 o’clock on a Thursday evening, and I have to say that I think that is an unsatisfactory state of affairs; it is a bit discourteous to this House and, more importantly, the people of Northern Ireland to announce what is a £10.5 billion budget affecting key services for 1.8 million citizens in such a manner, with no opportunity for this House to question, challenge or, certainly, to amend those allocations, and in the absence of any accountable devolved Government in Northern Ireland. I am sure the Secretary of State would not think that was a suitable way to set a budget for her constituents in Staffordshire or mine in Pontypridd, and I hope she will explain to the House why the Government felt they needed to do it in that fashion.

Dare I suggest, Mr Speaker, that the real reason for this slightly stealthy announcement is that the Government are a bit embarrassed that just days before the Conservative party is going to vote through the latest rounds of cuts for public services affecting citizens in England, Wales and Scotland, the £1 billion partnership with the Democratic Unionist party means that Northern Ireland alone is being spared? We absolutely welcome that investment in Northern Ireland, but we also need to see investment in health and education and other key public services in every part of the UK, not just the bit where the Tories need DUP votes.

Turning to the substance of the budget, the Secretary of State said last week and repeated a moment ago that, in the absence of an Assembly and with decisions being taken by wholly unaccountable permanent secretaries, some fundamental decisions cannot be addressed. We agree, but it seems to me that some pretty fundamental decisions were taken last week by the Secretary of State, and I wonder whether she might answer some questions about them today.

First, on the decision to put up taxes in Northern Ireland through the regional rate, can the Secretary of State confirm whether that was discussed in detail and agreed with any or all of the parties in Northern Ireland? Secondly, in respect of the decision to significantly increase the budgets for some individual Departments, can she explain to the House the reasons for an increase for the Department of Justice of £36 million, or 70%, on last year, an increase for the Department of Agriculture, Environment and Rural Affairs of £40 million, or 110%, on last year’s budget, or the increase for the Department for Communities of £38 million, or 30%, on last year? I am sure that there are good reasons for all those increases and for the significant cuts that are made to some of the administrative Departments elsewhere, but the House and the people of Northern Ireland deserve some explanation why the decisions were made and by whom.

As I said, I welcome the extra resources for Northern Ireland, including the extra £80 million for health and education and the extra £100 million to transform the health service in line with the Bengoa report, but will the Secretary of State spell out how that £80 million on health and education will be divided? Who will make the decision about the appropriate allocation? Is that something that the DUP co-ordination committee will be discussing with the Conservative Government, or has it already been discussed?

The Secretary of State talks about big health reforms, and she will be aware that some of the reforms mentioned in Bengoa and other health plans related to hospital closures and other changes to the configuration of health services. Does she imagine that such big decisions could be taken by civil servants? If not, what exactly is the £100 million to be spent on?

The gravity of the issues at hand and the scale of the decisions being taken merely serve to underline the grave crisis that we face in Northern Ireland 14 months after the Executive collapsed and power sharing ended. I welcome the Secretary of State reiterating her commitment to the Belfast agreement and the principles of consent and power sharing that underpin it, especially in the light of recent attempts by some to undermine the agreement. However, we need more than more tireless activity; we need to see some success in the forthcoming negotiations if we are to get to next month’s 20th anniversary with a real sense of optimism about the future of the agreement and of power sharing.

The Secretary of State was at pains to point out that she does not anticipate any failure in the negotiations, but the House and the country will have been struck by the acknowledgement that she thinks that she may need to consider alternative means of keeping the agreement and political accountability alive in the absence of an Executive. That raises important questions about feasibility, given that some parties will not want to take part in a shadow or other form of Assembly, and about the form of any alternative. It also raises a significant risk, of which I hope she will take particular note. Moving to an alternative form of Assembly would take pressure off the parties to come to an agreement that allows them to re-engage in meaningful power sharing. Does she acknowledge that risk in any shift away from the agreement?

Finally, I urge the Secretary of State to ensure that this is the last time we push through a budget using this unsatisfactory process and the last time that a budget is set by this House and not Stormont, where it ought to be set.

[Karen Bradley]

I thank the hon. Gentleman for his kind words about my birthday. I was not expecting to spend it making a budget statement, but there we go. I join him by saying that I hope that this is the last time that I have to stand at the Dispatch Box having taken such action, because we all agree that such decisions should be taken by locally elected politicians. The people who elected their politicians in Northern Ireland want them to take such decisions. I genuinely believe that those politicians want to take those decisions. There are, as he knows and as we have discussed previously, some issues on which the parties cannot agree, but I believe that we can get to a point at which a devolved Government can get up and running. That is what I am determined to achieve. Everything that I have done and set out today is in line with that aim. I want to see a devolved Government back in Stormont. The decisions that have been taken, while difficult, are those that needed to be taken for the public services, but I have taken them in the light of the fact that I do not want to undermine the constitutional arrangements and devolution settlement in Northern Ireland.

As for timing, the hon. Gentleman will recall that I committed to lay a budget by last week when I appeared in front of the Northern Ireland Affairs Committee the week before last. That is why it was important to get the written statement out last week, and I am here at the earliest opportunity to explain things to the House and to take questions from right hon. and hon. Members. However, it is important to put it on the record that I did not publish the statement until I had had the chance to show it to all the main parties represented at Stormont and until they had had the opportunity to see the allocations. My fervent hope is that they will actually deliver the budget, which is why it is important that they were all consulted on the work that had been done.

I pay tribute to my officials and the civil servants of the Northern Ireland civil service. They have worked incredibly hard and selflessly to help to deliver the budget in a way that is uncomfortable for many. They want political direction from politicians, and it is difficult for them to do without it. They have gone above and beyond anything that we would expect of civil servants.

As for the decisions on the allocations, I looked at the key Departments. The hon. Gentleman asks about Justice, and I wanted to ensure that there was money to protect the policing budget, which he will recognise is very important. He asked about the £100 million from the confidence and supply arrangement for health transformation. That was money that the Government recognised and agreed needed to be spent in Northern Ireland because of its unique circumstances. I actually visited the hospital in Derry/Londonderry only last Monday and met consultants and managers, and it was clear to me that health transformation is a priority and that we need to ensure that the money is spent. I have taken legal advice to ensure that the money goes towards the priorities on which it is designed to be spent.

The hon. Gentleman asks about the alternative approaches, and he will know that many have suggested ways to arrange some form of functioning Assembly or scrutiny at Stormont. I am considering all the suggestions, a number of which have been made by the parties, and I would welcome further suggestions. I am taking legal advice on them all, because I do not want to do anything that undermines what we have achieved in the 20 years since the Belfast agreement. However, if there is a way of getting ourselves back on the road to a functioning devolved Government in Stormont, with scrutiny being applied by locally elected politicians, we should endeavour to try to find that route.

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[Karen Bradley]

I know the right hon. Gentleman served as a direct rule Minister, in 2004-05 or around then. He was distinguished in doing so—

[Owen Smith]

It was 2005-06.

[Karen Bradley]

I am being corrected by the Opposition Front Bencher.

Northern Ireland

Debate between Karen Bradley and Owen Smith

Tuesday 20th February 2018 Commons Chamber

[Owen Smith (Pontypridd) (Lab)]

May I thank the Secretary of State for advance sight of her statement? I also thank her and her predecessor, the right hon. Member for Old Bexley and Sidcup (James Brokenshire)—whom I am delighted to see back in his place in this House today—for all the efforts they have both made, alongside the Irish Government, to facilitate agreement between the parties.

All of us in this place know that these are very difficult issues, and I commend all the parties in the talks, especially the DUP and Sinn Féin, on the total engagement they have shown on behalf of their communities. I have to say that I must also commend the Secretary of State on the Herculean optimism she continues to hold to in still hoping for a deal to be done and on the clear statement that she is rejecting the calls to accede to direct rule with immediate effect. Optimism is a vital ingredient in Northern Ireland, even when it is at its most difficult to summon, so I will not criticise the Government for remaining hopeful.

But clarity and contingency planning have also been important features of the process, so people know where they are in that process and what will follow if there is no progress. On those questions, I fear that many in Northern Ireland will be little the wiser after the Secretary of State’s statement this afternoon, because she told us, in a crucial passage, that “it became possible” in the recent talks “to identify a basis for a possible agreement” to form an Executive, including “on the difficult issues of language and culture”. That is a very optimistic statement, and it is a view that has been echoed by the Irish Government and Sinn Féin, but it is hotly disputed by the DUP, whose leader told us that there was no prospect of these discussions leading to a deal.

Ambiguity has also played a very important part on occasion in the Northern Ireland process, but both accounts cannot be accurate, and I hope the Secretary of State will accept that she has a duty to provide clarity to the people of Northern Ireland, not just because they deserve to know what is going on in their peace process, but because some, including some in this House, are using this period of confusion to advance their own agendas: to undermine the Good Friday agreement, which some see as an obstacle to Brexit, or to damage the concept of power sharing, which some have never supported. That is a reckless and dangerous game to play, because we in this place must never forget that the Belfast agreement ended a conflict that led to 3,500 lives being lost. Nor should we forget—especially those who are so quick to assert that the Brexit referendum is to be respected—that the Belfast agreement itself was copper-fastened with its own referendums, north and south, and they too must be respected and protected.

So I welcome the Secretary of State’s confirmation that the Government’s support for the agreement remains steadfast, and I ask her to confirm that she sees the Good Friday agreement as the only viable long-term option for the peaceful governance of Northern Ireland, and that the Government believe that its unique form of power sharing is indispensable to the agreement.

Coming back to last week and the events in Belfast, a simple way for the Government to clear up this confusion is to publish precisely where there was agreement and where the gaps remain—not in order to apportion blame, but to provide greater reassurance that progress has been made over the 13 months. So will the Secretary of State commit to providing further detail and to publishing some of those details?

One area where the Secretary of State has offered some further clarity today is on the possibility of a fresh election in Northern Ireland, and she should know that that would be met with glacial enthusiasm. Why does the Secretary of State think there is potentially an advantage in another election, the fifth in three years, in Northern Ireland? What would it achieve? Although she does have a statutory duty to call one at some point, that has been true since 27 March last year, and she and her predecessor have resisted the temptation to date.

The Secretary of State has also said that she is considering how best to give some certainty about the budget in Northern Ireland. We understand and accept that, and urge only that she consults properly with the parties, so that we can ensure maximum acceptance of, and agreements on, those budget allocations as part of the contingency planning. I hope she can commit to that too today.

Finally, may I ask the Secretary of State to consider what she will do to take forward some of the pressing issues facing Northern Ireland if her optimism is misplaced and a deal cannot be struck? It is not just on the issue of MLAs’ pay that people in Northern Ireland want to see action. Vital questions on the treatment of victims, both of the troubles and of historical institutional abuse, need to be resolved not just with consultation, but with legislation. These people have been waiting for far too long, so will she commit to looking at that in the absence of a deal?

Will the Secretary of State also commit to taking forward issues of human rights and social justice that are enjoyed naturally in other parts of the UK but denied to our citizens in Northern Ireland? In particular, can she confirm that one area of discussion between the parties was on the issue of equal marriage, and that agreement was reached to take matters forward through a private Member’s Bill in Stormont? In the absence of a Stormont Bill, would she consider legislating similarly to extend equal marriage rights to Northern Ireland? We believe that she should, and we will support her if she does so. To be clear, a Labour Government would legislate on that if Stormont could not do so.

Political problems are nothing new in Northern Ireland, but the current impasse has left the Northern Irish people without an accountable Government for almost 400 days. This is a profound crisis, and the Government have a profound duty to try to resolve it, and to preserve the Good Friday agreement and the principle of power sharing. We will continue to support the Government in trying to resolve the crisis, and we will support them on legislation wherever it is necessary, but we will hold them to account to preserve the Good Friday agreement in its spirit and its letter.

[Karen Bradley]

I thank the hon. Gentleman for his comments, and for the tone of them. It is important that we in this House show unity and a unified front when it comes to resolving these issues and re-establishing devolved government in Northern Ireland. If both sides of the House work together with that purpose in mind, we will have all the more reason to hope that that can be achieved. He asked about a number of matters, and I will try to address as many of them as I can.

On the topic of legacy, to which I made reference in my statement, we have been working with the parties and the Victims’ Commissioner on a consultation programme. As I have said, I would very much prefer to do that in the context of devolved government in Stormont, but we clearly have a responsibility to the victims of the troubles, and it is absolutely right that we should deal with that. We will take whatever steps are necessary to ensure that the matter of legacy is dealt with, but as I say, we would much rather that it was done in the context of having devolved government in Stormont. We are committed to the institutions as set out in the Stormont House agreement, and we will be consulting on that.

We are also committed to the Belfast agreement, as I said in my statement, and to all successor agreements. The position in the Conservative party manifesto at the last election, and the position of this Government, is that the Belfast agreement is the right approach. It has led to great success for Northern Ireland, and more success can come. The hon. Gentleman mentioned Brexit. The joint report that was signed before Christmas makes specific reference to a commitment to the Belfast agreement and to respecting the institutions in the agreement.

The hon. Gentleman asked about the talks, and about what the British Government would publish. I want to make it clear that the talks that we have facilitated—we did not impose them—have been between the parties, particularly the two main parties. Therefore, any documentation or anything that has been written down is a matter for the parties; it is not a matter for the British Government. He also asked about an election. I have a statutory duty as Secretary of State to call an election, but I want to ensure that we have exhausted every avenue and every viable option to re-establish devolved government at Stormont. That is what the Government want to see, and that is what we are working towards. We will do all we can to achieve that, and I thank him for his support in that regard.

Oral Answers to Questions

Debate between Karen Bradley and Owen Smith

Wednesday 7th February 2018 Commons Chamber

[Karen Bradley]

I think this shows that it is incumbent on everyone in public life to think very carefully about the words they use in public and the way they may be interpreted.

[Owen Smith (Pontypridd) (Lab)]

I too welcome the Secretary of State and the Under-Secretary. I look forward to working with them and of course wish the Secretary of State’s predecessor a speedy recovery.

We understand that the Secretary of State will not want to give a running commentary on the talks, but there is enormous frustration in Northern Ireland after a year in limbo, with successive Secretaries of State telling us exactly the same thing. Can she at least confirm that one of the big sticking points in the talks is rights—not just language rights, but marriage equality rights? Can she tell us whether she will consider taking that issue off the table by legislating for equal marriage rights in Northern Ireland, which are enjoyed in Staffordshire?

[Karen Bradley]

I thank the hon. Gentleman for his comments. As I said, I do not wish to say anything at this stage—I know it is frustrating for all that I cannot say more, and I am frustrated too—but I will come to this House and make a full statement as and when I am able to. Equal marriage is clearly a devolved issue and quite rightly should be legislated for in Stormont. That is the right place for this legislation to be enacted, and I look forward to a devolved Government being in place that can do that. He will recall that when the matter was debated in this Chamber for our constituents in England and Wales, these Benches were entitled to a free vote and Members of Parliament voted in line with their conscience.

[Owen Smith]

And the right hon. Lady will know that Northern Ireland did have a vote in the Assembly on this issue in November last year. It voted in favour of taking forward marriage equality for Northern Ireland, so she could show leadership on this issue and respect devolution, and potentially bring forward the prospect of devolution being resolved. Will she answer a very simple question that I think many people in Northern Ireland will want me to ask: what is she going to do differently in the weeks and months ahead to show leadership and break the deadlock?

[Karen Bradley]

The talks have resumed. They are detailed and intense. The parties are engaged and are working late into the night most nights to reach a resolution. I think that the politicians in Northern Ireland understand the frustration of the people of Northern Ireland and want to deliver for them, but there are differences that need to be overcome. I am doing everything I can to try to get a resolution so that accommodation can be found and devolved government can be restored.

Finance (No. 4) Bill

Debate between Karen Bradley and Owen Smith

Wednesday 18th April 2012 Commons Chamber

[Owen Smith]

The debate on the 50p rate was interesting in that it revealed the differing attitudes of Opposition Members and Government Members to paying taxation. From the way in which some Government Members responded to the debate, one could surmise that they are very comfortable with people finding every possible means, illicit or legal, to avoid tax. [Interruption.] Well, there was a clear implication from some hon. Members in the earlier debate that the boundaries and borders of the envelope can be pushed, as they were. In some respects, that argument was deployed to justify the cutting of the 50p rate, because so much money was, through fair means or foul, pulled forward into 2009 when it should have been taken in 2010.

[Karen Bradley (Staffordshire Moorlands) (Con)]

If the Labour party is so keen on stopping tax avoidance, will the hon. Gentleman explain why Labour Members voted against an anti-avoidance measure in a Finance Bill last year?

[Owen Smith]

Will the hon. Lady explain which anti-avoidance measure Labour Members voted against? I tell her very straightforwardly that all Chancellors ought to tackle tax avoidance in all Budgets. The current Chancellor has risked far too much credibility on his belief in his ability to tackle tax avoidance and his belief that he is doing more than previous Governments did so. The facts bear out my claim—the IFS, not the Labour party, has done the analysis—that Labour Chancellors, in seven out of last 10 Labour Budgets, raised more money for the Exchequer through tackling tax avoidance than the current Chancellor will do with this Budget.

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[Owen Smith]

No.

We think that would generate significant revenues, which could be used to create youth jobs to tackle the scourge of youth unemployment in our country and to create new affordable homes. We want the Government to look at that; we want them to get their priorities right; we want them to undo some of the damage they have done in the last two years. That is why we will of course press the amendment to the vote when the appropriate moment comes.

[Karen Bradley]

It is a great pleasure to contribute to the debate on how we should tax our banks. First, it is important to put on the record the fact that I think banks should pay their share towards paying down the deficit. Every day, we are borrowing more money to pay for public services, so it is important for the banks to pay their share so that the deficit can be dealt with as soon as possible. How, then, does one take money or tax? As a tax accountant by training, I know that there are many different ways of extracting revenue from businesses. We can tax them based on their income or their profits or in many other different ways.

One thing about the bank levy introduced by this Government is that it guarantees that the banks will pay some tax. If they are loss making, their losses will not wipe out that tax. The bank levy cannot increase the losses; it is non-tax deductible for corporation tax purposes. We will be ensuring that, each year, the banks pay their fair share towards reducing the deficit.

Reductions in corporation tax are also not taken into account in the levy. It is absolutely the right thing to do to cut corporation tax. We need to cut it for all our businesses, to promote entrepreneurship, so that our businesses have more money left over at the end of every year to invest in new employment, new plant and machinery and shareholder returns. Given that shareholders are often our pension funds, it is extremely important that we ensure that those pension funds get the return that they so desperately need to allow our pensioners to enjoy the living standards they expect. As I say, reducing corporation tax is important, but we need to ensure that the banks do not benefit too much from that reduction—and the bank levy makes that happen.