Northern Ireland (Interim Arrangements) Bill

Lord Caine Excerpts

2nd reading
Thursday 18th May 2023 Lords Chamber

Moved by

[Lord Caine]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, before I turn to the Bill, I pay tribute to Peter Brooke, Lord Brooke of Sutton Mandeville, Secretary of State for Northern Ireland from 1989 to 1992, who sadly passed away this week. I had the immense privilege of being Peter’s special adviser in the months before the 1992 general election and supported him before that as the Northern Ireland desk officer in the Conservative Research Department. He was, as has been pointed out, a man of profound personal integrity, learned, witty and unfailingly polite and courteous. Peter served as Secretary of State while the Troubles were still raging and—we should never forget—around 100 people a year were losing their lives as a result of the security situation. He cared deeply about Northern Ireland and, with infinite patience and determination, sought a better, more peaceful and stable future for all its people. His huge role in the origins of what became the peace process should never be underestimated. I am sure that I speak for everyone in the House in sending our sincere condolences to his widow Lindsay and the Brooke family at this difficult time.

I turn now to the Bill itself. It is, of course, with profound regret that I return once again to this Dispatch Box to bring forward legislation in the absence of a Northern Ireland Executive. I am certain that noble Lords across the House will agree that this is not a position in which any of us would wish to find ourselves. In line with our steadfast commitment to the 1998 Belfast agreement, His Majesty’s Government remain committed to supporting the restoration of the Executive in Northern Ireland as soon as possible. In our view, a strong devolved Government, with elected representatives from across the community working together, is the surest foundation for the governance of Northern Ireland within our United Kingdom and the best outcome for all its people.

Last month, many of us came together, including Members of your Lordships’ House—including the noble Lord, Lord Murphy of Torfaen, on the Bench opposite—to reflect on the 25th anniversary of the Belfast agreement. We marked the progress that Northern Ireland has made over the past quarter of a century and the relative peace and prosperity that the agreement has brought. This anniversary remains an opportunity for all of us to recommit to building an even brighter future for Northern Ireland. Now is the time to decide how we want to move forward together, to create a better future for and deliver on the priorities of the people of Northern Ireland. That includes a more prosperous economy and better, more sustainable public finances and services.

On that note, and before I provide an overview of the Bill, I will say a few words on Northern Ireland’s public finances. As the provisions of the Bill will indicate, we are acutely concerned about the long-term stability of public finances in Northern Ireland. It was with considerable disappointment that, in the absence of devolved government, my right honourable friend the Secretary of State for Northern Ireland found it necessary, once again, to intervene and set a budget for 2023-24. I set out that budget in a Written Statement to your Lordships’ House on 27 April. As he has made clear on multiple occasions, the extent of the budget pressures facing Northern Ireland departments is, to put it mildly, extremely challenging. Departments are facing difficult decisions in the current circumstances. The Government recognise that, and it is one of the overriding reasons why we need an Executive in place to take some of these decisions and make choices on budget priorities.

As the UK Government, we stand ready to work with a restored Executive on these issues but, in the meantime, we have a responsibility to ensure that public services and management of public funds can continue. We will, in due course, introduce legislation that will put that budget on to a legal footing, if the Executive are not restored to do so. Members of your Lordships’ House will have the opportunity to debate in more detail those allocations if and when we have to introduce that legislation.

Today, though, I will focus on the Bill and its provisions. The Bill is of course a short one and I will seek to be brief in recognition of that. I once again express my sincere thanks to the Benches opposite for their continued co-operation as the Government seek to bring the Bill forward at the requisite pace. I am particularly grateful to the noble Lord, Lord Murphy of Torfaen, and the noble Baroness, Lady Suttie, for the constructive manner in which they and others intend to approach this legislation.

The Bill does three important things. First, it continues the provisions relating to decision-making for Northern Ireland civil servants which Parliament passed last December through the Northern Ireland (Executive Formation etc) Act 2022. These provisions, which clarified the decisions that civil servants in Northern Ireland departments can take in the absence of Northern Ireland Ministers and an Executive, are due to expire on 5 June. Through the Bill, these powers will continue until the Executive are reformed. That will avoid a governance gap arising if an Executive are not in place by 5 June. As before, senior officers will be required to have regard to guidance issued by the Secretary of State; the Government published an updated draft of that guidance on 10 May. We would, of course, welcome any representations that noble Lords or others may have on that guidance before we finalise it.

The second main provision of the Bill—and the more novel provision in this legislation compared with previous Bills—is to provide for new powers for the Secretary of State to explore, with Northern Ireland departments, options for budget sustainability including further revenue raising in Northern Ireland. Alongside commissioning advice, the Bill will allow the Secretary of State to direct consultations to be held by Northern Ireland departments on those matters. These powers are, again, time limited and will apply only until an Executive are formed. These measures are deliberately focused on official advice and consultations on budget sustainability. Final decisions on any implementation are best taken by locally elected representatives; the Bill does not give the Secretary of State any power to direct implementation of any such measures.

Finally, the third thing that the Bill does is to ensure greater political oversight of the management of public money in the absence of the Northern Ireland Assembly. The Bill does that by providing for Northern Ireland department accounts and associated documents to be laid in the House of Commons, in the absence of the Assembly. In previous absences of the Northern Ireland Assembly, the law has provided for that scrutiny to fall to Parliament, and the provision in the Bill will do that again. This provision will be active only for this and any future periods where there is no functioning Assembly, on the basis that public bodies must always be scrutinised for their good management of public money.

In conclusion, the measures in the Bill will ensure a continuation of the current governance arrangements in Northern Ireland, should there be no Executive when they expire next month. However, these measures are not, and cannot be, a substitute for devolved government in Northern Ireland. We acknowledge that the current arrangements are by no means desirable—to put it mildly—particularly in the context of Northern Ireland’s difficult financial position. I also recognise that the Bill is not a long-term solution to the wider issues with which Northern Ireland is grappling: they are matters for a newly reconstituted Executive and Assembly to address. The marking of the 25th anniversary of the Belfast agreement has reminded us all of the importance of making the institutions in Northern Ireland work, and work for the entire community. His Majesty’s Government believes that having an effective and functioning devolved Government is crucial to showing that the union itself works for the whole community in Northern Ireland. That is why the restoration of the Executive remains our top government priority in Northern Ireland. We will continue to do everything that we can to make that happen in as short a timeframe as possible and, as we do that, we will keep these arrangements under review. For now, I commend the Bill to the House.

--- Later in debate ---

[Lord Caine (Con)]

My Lords, I am very grateful to all noble Lords who participated in this debate, which was relatively short by our recent standards. I thank noble Lords for their kind words about my late colleague, Lord Brooke of Sutton Mandeville, and for their general support for this Bill. The noble Lord, Lord Murphy, referred to the title of the Bill including “Interim Arrangements”. When we were discussing this, I was very keen to avoid calling it “temporary arrangements”, given that everything in Northern Ireland that has had “temporary” attached it over many years has assumed an air of permanence.

I am also grateful to the noble Lord Murphy of Torfaen for reminding the House of Section 1 of the Northern Ireland Act 1998, which makes clear that Northern Ireland is a part of the United Kingdom and will never cease to be so without the consent of most of its people. Speaking for this Government, I would not want the current constitutional position to change. Regarding his point about the restoration of the institutions, and echoing other noble Lords across the House, including the noble Baroness, Lady Suttie, I assure all noble Lords that, irrespective of the calendar, our focus will remain very firmly on restoring those institutions which, as I said at the outset, are in the best interests of the union and of the people of Northern Ireland.

I politely disagree with the noble Baroness, Lady Hoey, who argued for the strengthening of local government and effectively the abolition of Stormont, which would be a fundamental change to the Belfast/Good Friday agreement. That is not a position that the Government can support. We remain firmly committed to the agreement and to the institutions across all three strands that the agreement establishes. Our priority is to make the agreement and the institutions work for the good of the people of Northern Ireland.

Unsurprisingly, a number of noble Lords focused on the current budget situation in Northern Ireland. As I said in my opening speech, if there is no restored Executive, it will be our intention to bring forward a Bill at the appropriate time to put the current budget allocations on to a legal footing. We will have a further opportunity to discuss the budget at that stage. However, picking up on one or two points, we recognise that the current situation is unsustainable and that Northern Ireland departments, in the absence of Northern Ireland Ministers, will have to face very difficult decisions to live within their budget, but these are unavoidable.

I heard my noble friend Lord Rogan and the noble Baroness, Lady Hoey, refer to the “punishment budget”, as some people have described it—but it is not a description that I accept for one second. The budget reflects the reality of the fiscal situation in which Northern Ireland currently finds itself.

It is for that reason that, over many years, the Government have recognised the unique challenges that Northern Ireland faces. I recall that the spending review in 2021 was the most generous since the restoration of the devolved Government in 1998-99. It gave Northern Ireland the possibility of multiyear budgets, as opposed to the single-year budgets that have bedevilled us over a number of recent years. Sadly that proved not to be possible.

In addition, we have seen billions of pounds of extra spending through the Stormont House agreement, the fresh start agreement, the confidence and supply agreement, and New Decade, New Approach. It is difficult to sustain the argument that Northern Ireland has been systematically underfunded by the Government. As the noble Lord, Lord Morrow, reminded us, public spending per head in Northern Ireland is still running at about 20% higher than the United Kingdom average.

However, I recognise that there is a discussion about the funding formula, which the noble Lord, Lord Morrow, raised in some detail. To echo the words of the noble Lord, Lord Murphy of Torfaen, that discussion would be far better taking place between the United Kingdom Government and a restored Northern Ireland Executive. In the spirit of openness, I am of course more than happy to have a conversation with the noble Lord about these matters. Likewise, I am happy to respond positively to the invitation from my noble friend Lord Rogan to meet the pharmacists in Northern Ireland.

A number of noble Lords again raised issues with the Windsor Framework. I know that the noble Baroness, Lady Hoey, and the noble Lord, Lord Morrow, feel very strongly about this. I gently remind noble Lords that the House of Commons approved the Windsor Framework by 513 votes to 29, and your Lordships by 227 votes to 14. It clearly represents the settled will of Parliament that the framework be carried forward and implemented. In our view, it delivers stability for the people of Northern Ireland, protects Northern Ireland’s place in the union and restores the balance of the Belfast agreement.

I agree with my friend, the noble Lord, Lord Bew, who made a powerful case in saying that the framework increases Northern Ireland’s agency. He referred to the role of the Stormont brake; it gives the Assembly a very powerful role in determining future EU legislation and regulations. For that brake to be effective and to be operated, we need a functioning Northern Ireland Executive and Assembly. I referred also to the institutional reforms raised by the noble Baroness, Lady Hoey.

The issues raised by the noble Baroness, Lady Suttie, reflected a number of amendments that were put forward in the other place in the name of her sister party, the Alliance Party of Northern Ireland. She raises important points, such as the costs of division in Northern Ireland, which are substantial and need to be addressed, and the transformation funds. I will write to the noble Baroness in more detail, but my initial reaction is that it is wrong to commit the Secretary of State to exploring any particular options at this stage. The Bill gives my right honourable friend a degree of discretion around this and it would probably not be right, as the Alliance Party was trying to do in the House of Commons, to put some of these things into legislation. But I am very happy to discuss these issues further and to write to the noble Baroness.

The noble Baroness, Lady Suttie, also referred to the position of civil servants under the legislation, as did the noble Lord, Lord Murphy of Torfaen. I agree that it puts them in a very difficult situation, and these concerns have been voiced within Northern Ireland itself. We are asking a lot of civil servants under this legislation. In our view, this approach is unfortunately necessary. It strikes the right balance between ensuring that governance can continue while giving parties in Northern Ireland the time and space to form an Executive. I entirely agree that this is not a long-term fix; it cannot be a long-term fix or a substitute for the proper re-establishment of a functioning devolved Government in Northern Ireland, in line with the Belfast agreement. On that note, I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

Northern Ireland (Interim Arrangements) Bill

Lord Caine Excerpts

3rd reading & Committee stage
Tuesday 23rd May 2023 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

My Lords, here we are. I have been either asking or answering questions on the Barnett formula for something like 32 years. It started off as a formula, and then you add a floor, and now you have a Barnett squeeze. Some of your Lordships may remember that Lord Joel Barnett, himself, who invented this, towards the end of his life completely denounced it and said that it was not suitable any more. Indeed, it probably is not. We lived with it for the last 20 or 30 years because there was no real alternative, but the world has changed since then, certainly in terms of Wales, Scotland and Northern Ireland.

The noble Lord, Lord Morrow, put a convincing case for a very serious look at the situation at the moment. I can tell him and Members of your Lordships’ House that, when I was the Secretary of State for Wales, I did not persuade my colleagues in the Treasury that there was a need for a change. I tried, but when you are a territorial Secretary of State, you are always battling with the Treasury, the Chancellor of the Exchequer and the Chief Secretary to the Treasury. You are in the same team. Sometimes you win, and sometimes you lose. But the key to the success of what happened in Wales, with the Holtham commission, was that it was in fact conceived by the Assembly, set up by the Government of Wales, and had cross-party support when the commission reported. That meant that there was a seriousness about that report which impressed the Treasury. It was convinced, after all this discussion and all these commissions, that things had to change, but I could not do it on my own. It had to be done with the Assembly, the Welsh Government and Holtham and his commission, which spread over a couple of years. That is how it was achieved.

The same thing is going to happen in Northern Ireland. There has to be a concerted effort by all political parties in Northern Ireland to be able to persuade the Government that there is a serious case for equating Wales and Northern Ireland—I leave Scotland out at the moment, as that is an even more complicated case. But that is only reasonably sure of success if it is not simply left to the Secretary of State for Northern Ireland. There has to be this pressure internally, from those who have been elected and thus are there in that Assembly, elected by the people of Northern Ireland to take issues like this up.

I know there is a meeting in the next week or two with the head of the Northern Ireland Civil Service. She has quite rightly asked political parties for some guidance as to what to do. A budget is not simply adding up and taking away figures; a budget is about priorities of government. What do you put first? What do you put last? Where do you put this money and that money? You do that on the basis of proper consultation, not only with Members of the Assembly but with all the political parties. That can best be done only in the context of a democratic Assembly and government.

There is no question that there is some merit in discussing these issues in your Lordships’ House, but we are not here to run Northern Ireland; we have not been elected to do that—we have not been elected to do anything but certainly not to do that. When that meeting is held in the next week or two, I hope that the parties in Northern Ireland will impress upon the head of the Northern Ireland Civil Service the importance of trying to work out what those priorities would be and how to do it. Rather her than me—it is a terribly difficult thing to do if you are not an elected politician. The decisions are so tough and so harsh, and in some ways so impossible, that they can be made only by people who are answerable in a democracy to the electorate. That is not the case at the moment.

Yes, there is a very strong case for looking at change, and a strong case for asking officials to do what they did in Wales, but that can best be achieved only if the Assembly and the Executive are both restored.

[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, before replying to the debate that we have just had, I would like to make a very brief statement on legislative consent. Clearly, the reason we are here is that there is neither a functioning Executive nor a functioning Assembly in Northern Ireland. It has therefore not been possible to seek a legislative consent Motion.

I thank the Committee for the constructive debate that we have had this afternoon. I am very grateful to all noble Lords who have spoken to the amendment. I thank the noble Lords, Lord Morrow and Lord McCrea, for their time this morning, coming in to discuss this issue with me in the Northern Ireland Office.

Amendment 1, tabled in the names of the noble Lords, Lord Morrow and Lord Dodds, provides an example of the advice or information that the Secretary of State could request from the Northern Ireland Civil Service under Clause 2 of the Bill. Specifically, the amendment references the Northern Ireland Fiscal Council’s 2023 report—referred to by a number of noble Lords this afternoon—entitled Updated Estimate of the Relative Need for Public Spending in Northern Ireland. I join noble Lords in thanking the Northern Ireland Fiscal Council for its work, and have noted its report on the updated estimate of the relative need for public spending in Northern Ireland. The noble Baroness, the former First Minister of Northern Ireland, was right to refer to His Majesty’s Government’s role in the establishment of the Northern Ireland Fiscal Council, following both the fresh start agreement in 2015 and New Decade, New Approach in 2020. The Secretary of State, my right honourable friend Chris Heaton-Harris, met the chair of the council, Robert Chote, two weeks ago to go through the report’s findings. I assure the Committee that we will have further such meetings with him.

As noble Lords will be aware, there are clearly many different ways to assess need, as the Northern Ireland Fiscal Council itself acknowledges in its report. However, the report indicates that funding is currently broadly in line with relative need, through a combination of the Barnett-based block grant, locally generated revenue and additional UK Government funding packages. In that context, I refer noble Lords to the penultimate bullet point on page 3 of the report and the penultimate paragraph on page 21 of the report.

I should add that the report also makes clear that locally accountable leadership—to echo the comments of a number of noble Lords this afternoon—is urgently required to ensure that Northern Ireland has a stable and flourishing economy.

For many years, the Government have recognised the unique challenges that Northern Ireland faces. The argument that it has been systematically underfunded by the Government simply does not hold water, in my view. In the 2021 spending review, the Government announced that the block grant for Northern Ireland would be £15 billion per year, on average, over the next three years, representing the largest settlement since the restoration of devolution in 1998-99. We have provided around £7 billion in additional funding to Northern Ireland since 2014, on top of the Barnett-based block grant. As a number of noble Lords pointed out, the Northern Ireland budget per person is around 20% higher than the equivalent UK government spending in other parts of the United Kingdom, and it is set to rise to around 25% by 2024-25.

In 2013, shortly before we brought the G8 summit to Northern Ireland, we made available £300 million in additional borrowing power and funding top-ups through the building a prosperous and united community package. We made available almost £2 billion in additional spending power for Northern Ireland as a result of the Stormont House agreement in 2014, a further £500 million through the fresh start agreement in 2015, and £2.5 billion of financial support and flexibility through the confidence and supply agreement in 2017.

In more recent years, we have invested over £3.5 billion in Northern Ireland through the £400 million new deal for Northern Ireland, £617 million for four city and growth deals covering all of Northern Ireland, £730 million through PEACE PLUS, and £2 billion in funding and a Barnett investment guarantee in the New Decade, New Approach financial package, following the restoration of the Executive in January 2020. Noble Lords will recall that the priorities committed to by the Northern Ireland Executive within New Decade, New Approach specifically included £245 million earmarked for the transformation of the health service and wider public sector. The UK Government are also investing over £250 million in Northern Ireland through the levelling up fund, the UK shared prosperity fund and the community ownership fund.

Despite these significant levels of investment from the UK Government, over and above the Barnett-based block grant, the Northern Ireland Executive have consistently been unable to allocate this funding to deliver the much-needed transformation of public services. In that context, I acknowledge the comments made by the noble Baroness, the former First Minister, regarding the period from 2017 to 2020. Consequently, the £200 million health transformation funding provided through the confidence and supply agreement, and the £245 million of funding for public service transformation allocated through New Decade, New Approach, have primarily been used for short-term funding pressures, not to deliver genuine reform.

I gently echo the point made by the noble Lord, Lord Murphy of Torfaen, at Second Reading—and to some extent repeated this afternoon—when making comparisons with Wales on this issue. It is important to underline that that arrangement was negotiated between the Welsh Government, the Welsh Assembly and the Treasury. As the noble Lord, Lord Murphy, reminded us, the Holtham commission was established in 2008 and negotiations took place over the next seven years. That seven-year period is crucial to today’s debate because it underlines that this is not an issue that could be solved overnight, even with the best will in the world.

As was pointed out by a number of noble Lords, particularly the noble Baroness, Lady Suttie, and the noble Lord, Lord Murphy of Torfaen, it would be far more powerful if the case made by noble Lords on the Benches behind me were made from a functioning Stormont. It will not surprise anyone in this Committee to hear me say that this is an issue best addressed in the context of a restored Executive and Assembly in Northern Ireland, in discussions with the Treasury. I agree entirely with the noble Baroness and the noble Lord on those points.

More broadly, in the absence of an Executive the UK Government will be able to commission advice from the Northern Ireland Civil Service—I mentioned this at the outset—on how current funding can be used more efficiently to the benefit of the people of Northern Ireland. However, it would not be right for me to commit the Secretary of State to exploring certain defined options—that would be the effect of this amendment—in advance of commissioning Northern Ireland departments for advice on options for budget sustainability.

The noble Baroness, Lady Suttie, asked about parliamentary oversight. She and other noble Lords will be aware that, in the continuing absence of an Executive, we will need to bring forward a budget Bill, which will be debated in your Lordships’ House.

I am of course willing to continue to engage with noble Lords, particularly those who brought this amendment —as I referred to earlier, I did so this morning—on these important issues. In that spirit, I invite the noble Lord to withdraw the amendment.