Northern Ireland (Executive Formation etc) Act 2019

Lord Dodds of Duncairn Excerpts

Monday 28th October 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Julian Smith)]

I beg to move,

That this House has considered the Report pursuant to section 3(5) of the Northern Ireland (Executive Formation etc) Act 2019, which was laid before this House on Wednesday 23 October.

On 23 October, I published a report setting out the latest position on progress on Executive formation, transparency of political donations, higher education and a Derry university, presumption of non-prosecution, troubles prosecution guidance and the abortion law review. This is the third report published on these issues in line with the Government’s obligations under the Northern Ireland (Executive Formation etc) Act 2019.

I was disappointed on Monday to have to extend the period for Executive formation to 13 January 2020. I extended the period because the parties have still not been able to reach an accommodation to get Stormont back up and running. Failure to extend the period would have meant removing from the Northern Ireland civil service what limited decision-making power it currently has. That would not be in Northern Ireland’s interest and it would have precipitated an early Assembly election.

While the political parties continue to be unable to reach an accommodation, public services in Northern Ireland continue to deteriorate, hospital waiting lists get longer and frustration continues to grow. I have been in Belfast and Derry/Londonderry in the past few weeks for discussions with all five main political parties. That contact will continue over the coming weeks, as will my close working relationship with Simon Coveney, the Tanaiste, in line with the three-stranded approach.

The issues that remain between the parties are few in number and soluble in substance. It will take real commitment for the main parties to reach a compromise on those issues, but just this weekend, both the largest parties said that they wanted to restore the institutions as soon as possible. I say to the two major parties, the Democratic Unionist party and Sinn Féin: I stand ready to facilitate further talks if and when they are genuinely willing to move forward, but it is a compromise that they must be ready to reach themselves, and it cannot be imposed from this place.

Continued failure to restore the Executive will bring about extremely difficult choices about how to ensure effective governance in Northern Ireland. The Government will need to consider the appropriate next steps, including considering the duty that will be placed upon me as Secretary of State to set a date for an Assembly election.

A restored Executive and Assembly remain the best way forward for Northern Ireland, not least in the light of the UK’s impending exit from the EU. Northern Ireland needs Stormont up and running, a restored Executive and the political leadership that would bring, and I will continue to do my best to make that a reality.

Turning to abortion, I recognise that this is a sensitive and often divisive issue and that we will continue to hear representations from both sides of the debate as we move towards laying the regulations, but Parliament has spoken and the duty under section 9 of the Northern Ireland (Executive Formation etc) Act 2019 has now come into effect, the Northern Ireland Executive having not been restored by 21 October. Immediate changes to the law have now resulted: sections 58 and 59 of the Offences Against the Person Act 1861 have been repealed and there is now a moratorium, meaning that all prosecutions and investigations that were under way will now be stopped. We have had confirmation that on 23 October the one live prosecution in Northern Ireland was dropped and that the woman is no longer facing criminal charges.

We will consult on the proposals for the new legal framework and the regulations, which are to be made by 31 March 2020. In the meantime, women seeking access to services in England can do so free of charge, with all costs of the procedure, including travel and, where needed, accommodation, being paid for by the Government. Arrangements can be made by contacting a central bookings service, and we have made this number and the services provided known on gov.uk. We continue to engage with health professionals in Northern Ireland and will reach out to the widest possible range of stakeholders to hear their views on the consultation proposals over the coming days and weeks. We are also working with health professionals to ensure that the appropriate services can be established in line with the new legal framework. It is crucial that we get the legal framework right, and we are confident that service provision in Northern Ireland can meet the needs of women and girls.

On the presumption of non-prosecution and troubles prosecution guidance, reforming the legacy system in Northern Ireland remains a major priority for the UK Government.

[Nigel Dodds (Belfast North) (DUP)]

On the subject of abortion, it is interesting that the Secretary of State has not yet referred to something that has occurred since he last gave a report: the fact that the Assembly in Northern Ireland did actually meet. There was a petition, and Members did turn up, including all the Members for our party and those from other parties, seeking to do the business of the Assembly and to get a Speaker elected, but others, including Sinn Féin, were not prepared to take part and take responsibility for these decisions. First, why has he not referred to this development? Secondly, what does he think about parties that talk a lot about wanting to get devolution up and running but that, when there is a legally constituted meeting of the Assembly ready to do business, refuses to participate?

[Julian Smith]

My right hon. Friend is right that the Assembly was reconstituted last Monday. I took some hope from the fact that people were speaking in the Assembly, but we needed it to run for longer than a day. I repeat what I said earlier: we need all parties to be present and standing ready to get the Executive up and running.

Last year, the Northern Ireland Office consulted extensively on the Stormont House agreement. This consultation ran from May to October 2018 and revealed wide support for the broad institutional framework of the Stormont House agreement and a consensus among the main parties in Northern Ireland that the UK Government should push ahead with legislation. At the same time, the consultation process revealed a number of areas of public concern about the detail of the proposals, including how the institutions interacted, how their independence could be preserved and the overall timeframe and costs.

I firmly believe that we must now move forward with broad consensus. It will be essential to demonstrate that any approach we take is fully capable of facilitating independent, effective investigations into troubles-related deaths and providing Northern Ireland with the best possible chance of moving forward beyond its troubled past.

--- Later in debate ---

[Julian Smith]

Well, it is true that if there is a general election there is usually a wash-up period, but in all scenarios I will be making the case that we need to get the HIA Bill through. I am concerned that there are many very vulnerable victims who have been waiting a long time—many of them are over 70 and in ill health—so we need to get on with this. I will be working hard, and if other Members are able to assist me in making representations, I will appreciate it.

[Nigel Dodds]

I am sure we will be able to come to the Secretary of State’s assistance in that matter. On this extremely important issue, which is a high priority for everyone in the House, is he making representations to the Prime Minister and others about the need to take powers in Northern Ireland more generally, because we are getting a report on a series of issues which during the passage of this Bill were picked out among a whole lot of other issues that were left untouched—the health service, education, investment, jobs, housing, the environment? All of those issues continue to sit in abeyance in the hands of civil servants. The Secretary of State has not so far mentioned the dreaded B-word: how long is he going to continue to wait before the Government actually take powers to deal with all these issues in the run-up to Brexit?

[Julian Smith]

My right hon. Friend has raised the issue of Westminster’s powers consistently and has strongly represented these views. I believe that the best way to deliver for Northern Ireland is through the Assembly, and I am worried about the consequences that would flow, even though my opposite number has been very generous in offering to help, if needed, on this issue. This is not a good place for us to be; we have to focus on Stormont, and we have to focus on the Executive.

On the issue of legacy more broadly, my ministerial colleague my right hon. Friend the Member for Ruislip, Northwood and Pinner (Mr Hurd) will be beginning meetings with a range of partners, including victims and victims’ groups and members of the armed forces, to make quick and substantive progress on this issue. We are clear that for colleagues across the House, Northern Ireland political parties and, most importantly, the people of Northern Ireland, we must move forward on this issue with broad consensus but also with renewed pace.

Alongside the substantive updates on Executive formation and the abortion law review, reports were published on the transparency of political donations, higher education and a Derry university, presumption of non-prosecution and troubles prosecution guidance. The section of the report on the transparency of political donations states that the regime in place for political donations and loans is specific to Northern Ireland. We recognise that the issue of retrospection is a sensitive one. While the Northern Ireland (Miscellaneous Provisions) Act 2014 allows for the publication of the historical record of donations and loans from 1 January 2014, we must remain cognisant of the fact that retrospective transparency must be weighed against possible risk to donors.

As we have previously made clear, the only Northern Ireland party that has written to the Government in favour of retrospection is the Alliance party. The Government have said that we will consult the Northern Ireland parties in due course about any future change to the nation’s legislation. For now, however, our focus remains on securing agreement to restore devolved Government for the people of Northern Ireland.

--- Later in debate ---

[Gavin Newlands]

Indeed. There are other views crossing communities in Northern Ireland. A new poll, published in The Sunday Times this weekend, found that 72% of people in Northern Ireland would now vote to remain in the European Union, which is significantly up from the 56% who originally voted to remain. I see the same figures on the doorstep in Scotland. As in Scotland, it is clear that as this Brexit debacle has gone on people have reinforced their view that the benefits of the European Union far outweigh the fantasy Brexit offered by the Tory party. I hope that the restoration of the Assembly will once again give a voice to all the disparate shades of opinion that have thus far been without that voice and, even at this late stage, give a platform for the complexity of opinion on Brexit to be given a voice through Stormont.

[Nigel Dodds]

The hon. Gentleman talks about people having a voice, but of course seven elected Members of Parliament do not take their seats. It is not that anyone is stopping them or refusing them, so in his remarks perhaps he could reflect that point. Nobody is preventing anyone from having their say; they choose not to come.

[Gavin Newlands]

I hear what the right hon. Gentleman is saying, but it has to be said that those Members are elected on that basis and it is not for us to second-guess the voters in Northern Ireland on that basis, regardless of our views on abstentionism itself.

Moving on—

[Nigel Dodds]

Quickly—

[Gavin Newlands]

Not at all.

I urge the Secretary of State to think carefully before implementing direct rule, and I welcome what he said earlier on that subject. To reintroduce even an element of direct rule would mean fast-tracking legislation through Parliament, which cannot be a sensible path to take when talking about institutions that took years of hard negotiation and compromise to set up. I hope that the Secretary of State is in constant contact with his counterparts in the Irish Government to ensure that both Governments, as joint signatories to the international treaties that underpin devolution in Northern Ireland, are focused on restoration.

Although Stormont has no voice when it comes to Brexit, Brexit is unfortunately helping to ensure that Stormont continues to have no voice, and it is without question endangering the stability that devolution is meant to underpin and be underpinned by. The Assistant Chief Constable of the Police Service of Northern Ireland is warning that a no-deal Brexit could open up opportunities for terrorist groups; and the Chief Constable himself states that loyalist paramilitary groups may seek to react to the instability caused by a Brexit deal that is seen to threaten the Union and, moreover, that his officers will not police any of the border crossings after Brexit. That is exactly what people have been warning of since the referendum campaign itself. They were ignored and dismissed at the time, yet here we are. I truly worry that, given the current power vacuum, those who seek to further their so-called cause and wreck lives and progress see Brexit as a jackpot. That cannot be allowed. Rather than playing reckless games in Downing Street, the Prime Minister should wake up to the reality of the damage that his Brexit extremism is causing. It is vital that the fragile peace in Northern Ireland is secured and maintained. It should never have been risked by this Tory Government in the first place.

A glance through today’s Belfast Telegraph shows just some of the issues that are being squeezed out: bedroom tax mitigation to expire next March; the impact of substance abuse on victims and their families; victims of historical abuse; people trafficking—all huge and substantial issues for any society to face, but with no debate, no solutions, no legislative action possible in response to any of them. That cannot be right or fair on the people of Northern Ireland.