Northern Ireland (Miscellaneous Provisions) Bill

Lindsay Hoyle Excerpts

Wednesday 12th March 2014 Commons Chamber

[The Minister of State, Northern Ireland Office (Mr Andrew Robathan)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this we may take Lords amendments 2 and 3.

[Mr Robathan]

Lords amendment 1 is the first of a number of amendments made in another place at the Government’s behest following extensive discussions there. They follow changes we made to the draft Bill after discussions in this House’s Northern Ireland Affairs Committee. I hope that it can therefore be said that we have listened to people during the passage of the Bill and that it has been improved as a consequence.

Lords amendment 1 limits any reduction in the size of the Northern Ireland Assembly to one Member for each constituency—from six to five. It also requires that any such reduction must have cross-community support in the Assembly. In the other place it was correctly pointed out that under the Bill’s previous provisions the larger parties in the Assembly could legislate to reduce its size by a substantial number. The House of Lords was of the view that there would be limited safeguards to prevent them so doing.

Many in Northern Ireland believe that, with 108 Members, the Assembly is too large, but it is not the Government’s intention that the Assembly should shrink dramatically. When it was established, the intention was that it should be a widely inclusive body, which is essential to the healthy functioning of the Northern Ireland settlement. The Government therefore tabled this amendment to ensure that the drafting of the Bill better reflects that policy. We hope that the Assembly will carefully reflect on the possibility of reducing its size at a time when spending in all parts of the public sector is under pressure.

We are, of course, leaving it to the Assembly to decide whether to reduce its size, and the amendment confines any reduction to one Member per constituency. If the Assembly decides to take that up, smaller parties and minority voices will still be well represented. I trust that the House will agree that these are welcome amendments.

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[Ms Ritchie]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. As much as I am enjoying the entertainment—I allow a little scope, but I am not sure how far that scope will take me to airports around the world—I think that the hon. Lady does not wish to intervene now, and I want to hear the hon. Gentleman get to at least some of the Lords amendments.

[Stephen Pound]

An unusual feeling of amity is spreading its warm embrace over the House today, in many ways because we have discussed this matter in some detail. Certainly those who were in their lordships’ House to hear their discussions will have been impressed, as I was, by the speeches of the noble Lord McAvoy, who made his case very powerfully, and of the noble Lord Alderdice, who in a very detailed refutation of the amendment moved by the noble Lord Empey, made the case for preserving the present size—108 Members—of the Northern Ireland Assembly.

It is in some ways unfortunate that the Dublin statement made in August 2012 by the then Secretary of State, the right hon. Member for North Shropshire (Mr Paterson)—he called for a reduction in the size of the Assembly and of the Executive, and mentioned there being an Opposition—has slightly coloured today’s discussion. The then shadow Secretary of State, my hon. Friend the Member for Gedling (Vernon Coaker), said that that contribution was unhelpful, unwarranted and unnecessary.

One of the most important points made today was mentioned by the hon. Member for Belfast East (Naomi Long). She referred to the Assembly and Executive Review Committee, which is currently considering these very matters. It is appropriate for that process to continue, and we support the Lords amendments.

[Stephen Pound]

The contribution made earlier by the right hon. Member for Belfast North (Mr Dodds) was extraordinarily impressive in that it was the first time I have ever heard any politician on the Floor of the House seek a diminution of powers and a reduction in the number of elected Members. The leaner and, if not meaner, then certainly cleaner and greener Executive and Assembly, as was mentioned—[Interruption.] Sorry, Mr Deputy Speaker. May I withdraw the word “greener” in that context? That was entirely a slip of the tongue, and I will arrange for something better.

The point is that the Bill very carefully circumscribes the numbers—no fewer than five, not more than six—so the definition is fairly tight. Clearly, if something results from the AERC that it wishes to bring to the House, I am sure that the Secretary of State will look at it. Our opinion would be that it is a devolved or reserved matter that should be dealt with on that basis.

In relation to other discussions about the future formation of the Executive and the Assembly, I was interested to read on the official Conservative news website ConservativeHome, which I have to say I read out of a sense of duty, rather than delight—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We should not go down that line.

[Stephen Pound]

Indeed, not Mr Deputy Speaker. A rapprochement between the Conservatives and the DUP is proposed, although in my experience the DUP is most eminently not for sale: I have never heard of such a proposal in my life.

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[Mr Robathan]

I beg to move, That this House agrees with Lords amendment 4.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to take Lords amendments 5 to 8.

[Mr Robathan]

The amendments that were made in the other place to clauses 10 and 11 relate to the way in which responsibility for the civil service commissioners and the Northern Ireland Human Rights Commission might be devolved to Northern Ireland in future. The intention of the amendments is to ensure that there is sufficient opportunity to debate the arrangements before an order is brought before Parliament for devolution and to ensure that the important issues that need to be considered are highlighted before devolution takes place.

We had already undertaken, as a first step, that there would be a full public consultation on those issues. That commitment remains. Clause 10 would move the appointment of the civil service commissioners for Northern Ireland from the excepted category to the reserved category, making it possible for the civil service commissioners to be devolved using procedures that are laid down in the Northern Ireland Act 1998. Those procedures require cross-community support in the Assembly and a vote in each House of Parliament.

Lords amendment 4 to clause 10 will require the Secretary of State to lay a report in Parliament at least three months before he lays any order under the 1998 Act on the devolution of responsibilities in respect of the civil service commissioners for Northern Ireland. In that report, the Secretary of State will be required to set out the effect that the order would have on the impartiality of the Northern Ireland civil service, the merit principle for appointments to it and the independence of the civil service commissioners.

The intention of the amendment is to allow sufficient time to consider the arrangements for the devolution of the commissioners, if that should happen. Although responsibility for the civil service in Northern Ireland is already devolved, the Government recognise that the House might want to take into account the overall arrangements governing the civil service before deciding whether to devolve the appointment, functions or procedures of the civil service commissioners, given the extremely important interests that the commissioners safeguard. We have agreed that we will facilitate a debate on those issues at that stage.