Oral Answers to Questions

Louise Haigh Excerpts

Wednesday 27th October 2021 Commons Chamber

[Brandon Lewis]

Actually, a whole range of businesses and business groups, as they are working through the detail of the EU’s proposals, have concerns about whether they cover enough to deal with the issues in Northern Ireland. That is why it is important that we have these negotiations. For us, it is also important, and ultimately important for business, to ensure that the mechanism to deal with any issues is one that is licensed there and more traditional in international agreements and transactions. The role of the ECJ, as we have seen already this year, does not provide that, and ultimately, therefore, does not provide stability for Northern Ireland businesses or indeed the political structure of Stormont. It is therefore important that we make sure that that is resolved to have a proper working solution.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Why has Brussels seen the legal text on the changes that the Government want to make to the protocol but the democratic leaders of Northern Ireland are still completely in the dark? Will the Secretary of State urgently share that text with them?

[Brandon Lewis]

This is a legal text we have shared with the EU, as we did with the papers we published earlier this year, which sadly we did not have too much feedback from the EU about. This is about engaging with the EU in a confidential manner to allow the space for these private negotiations and discussions to go ahead. It is right that we do that and do those negotiations in a proper, business-like way.

[Louise Haigh]

It is quite important that we have feedback from Northern Ireland as well. Not only will the Secretary of State not share that text with those I mentioned, but politicians, communities and businesses in Northern Ireland are completely excluded from the negotiations. Does he accept that it is not sustainable for a Secretary of State to say to the people of Northern Ireland, “We have decided what is best for you—take it or leave it”? Will he therefore move the talks to Belfast and give Northern Ireland’s politicians a seat at the table?

[Brandon Lewis]

I am happy to let the hon. Lady know that the reality of what is happening is quite different from what she outlined. The politicians in Northern Ireland are involved, and not just here in this House: only yesterday Lord Frost and I engaged with both the First Minister and Deputy First Minister, as we are doing on a regular, pretty much weekly, basis. We have also engaged with businesses all the way through, via the Business Engagement Forum—indeed, I met business representatives on Friday last week—so that they, and civic society, are fully involved with feeding into the negotiations, which of course, absolutely, are quite rightly between the UK Government and the EU.

Northern Ireland Protocol

Louise Haigh Excerpts

Wednesday 21st July 2021 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

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

Almost two years ago, this Prime Minister negotiated every dot and comma of the Northern Ireland protocol. He said that it would mean no checks between Great Britain and Northern Ireland. He described it as an “ingenious solution” and that it was

“in perfect conformity with the Good Friday agreement.”—[Official Report, 19 October 2019; Vol. 666, c. 583.]

He was not alone. Lord Frost said that he was “pleased and proud” to secure this “excellent deal” for the UK. The Secretary of State wrote that it would allow all businesses

“to trade unhindered across the UK.”

Today, not for the first time, the Secretary of State is back before Parliament to renege on those promises and to discredit the deal that his Government were authors of and cheerleaders for, claiming that they could not possibly have known what the real-world impacts on the ground would be. The country will be asking once again: is this bad faith or incompetence. Whichever it is, the shambolic approach, the dishonesty, the recklessness and the utter ineptitude have come at a real cost. It has destroyed trust in the UK Government, an essential component of the Belfast Good Friday agreement. It has fanned the flames of instability and, as ever, in the middle of this are the communities and businesses of Northern Ireland that have been repeatedly failed.

Today, ahead of another difficult summer, a resolution is further away than ever. Today, businesses and communities needed reassurance. They needed to see the Secretary of State announce to the House an agreement on a sustainable way forward that will fix the problems that the Prime Minister created. Instead, they have more political brinkmanship, and more threats to tear up the protocol with nothing to take its place. Communities are tired of these games from a Government they have totally lost trust in. They just want to see sustainable solutions. All of us want to see serious proposals that lower the barriers down the Irish sea and protect the economic integrity of the United Kingdom.

Can the Secretary of State outline whether the proposals have any hope of gaining support? Can he tell the House what conversations he has had with his counterparts that lead him to believe that this approach will be successful? How did the Taoiseach respond to his call with the Prime Minister yesterday, given that the Government’s strategy so far has left Anglo-Irish relations at an all-time low? How is he intending to bring the people of Northern Ireland and their representatives into these discussions so that they have a direct relationship with the EU? That is clearly necessary, given that this Government have demonstrated that they have no understanding of Northern Ireland and the delicate balance of identities that must be protected.

Does the Secretary of State accept that these proposals bring us right back to square one of the Brexit debates, rehashing arguments around alternative arrangements that have long been rejected, and returning the debate to the border north-south on the island of Ireland? What is the timeframe for these talks? The Command Paper is entirely silent on how they will proceed and whether there is any agreement from the EU that they should.

This ongoing stand-off is having consequences not just for Northern Ireland, but for our relationships with current and future trading partners. The eyes of many Governments around the world are on the noble Lord Frost and the Secretary of State this afternoon. President Biden and Prime Minister Ardern are among many who want to know that the UK will abide by international law, by the agreements that they signed, and be a partner that they can trust. These endless games are shredding our international reputation and undermining our ability to secure trade deals that are in the best interest of the UK.

As we have acknowledged many times in this House, peace in Northern Ireland is still fragile. Advancing the peace process has always required responsibility, honesty and leadership—qualities that are in short supply in this Government. Too often in recent years, the Prime Minister has put his own interests over and above the interests of Northern Ireland. The people of Northern Ireland are sick to death of being put in the middle of these games. Another Brexit groundhog day; another stand-off with the EU. It is time to get real, show some responsibility, and find a genuinely sustainable way forward.

[Brandon Lewis]

I was kind of waiting for the point at which the hon. Lady would actually stand up for the United Kingdom and the people of Northern Ireland in getting a solution. I remind her that she may want to think about joining the UK Government in making the point to the EU that it also has a responsibility—which it has previously accepted but needs to deliver on—in terms of the people of Northern Ireland. In January, there was an agreement to work at pace; we are now in July and the issues remain unresolved. We saw the EU’s attempt to trigger article 16 in a way that for many detrimentally affected the sense of feeling around the institutions of the Good Friday/Belfast agreement. We are still dealing with the fallout from that action—that is just a reality of where we are.

We want the EU to engage with our proposals. We have sought the EU’s engagement with our proposals in good faith in the dozen or more papers that we have put to it about ways to move forward. The reality of where we are now is that instead of having a continual, piecemeal approach to dealing with things as we go along and coming up against the grace periods that cause disruption for businesses and communities, we think it is right to take an approach that deals with the problem—not just the symptoms but the underlying problem that we need to see corrected—in the round. I suggest that the Opposition would do better to defend the people of Northern Ireland and the UK than to continue to defend the actions the EU takes to undermine the strength of the integral market of the people of the United Kingdom.

We do have good relationships, and I have good relationships, as does the Prime Minister, with our counterparts in Ireland—the Taoiseach, the Foreign Minister and the Tánaiste—and we continue to develop on those. It is a bit rich of the hon. Lady to talk to us about understanding Northern Ireland when not only do prominent members of her own party—including the former shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott)—claim that Labour is not even a Unionist party, but Labour does not even stand candidates in Northern Ireland.

We will continue to do what is right for the United Kingdom. We want to work with our partners in the EU. When people get a chance to read through the Command Paper, they will see that we are not taking the opportunity to trigger article 16, because we want to work in partnership and find a solution to all the problems that works for people in Northern Ireland. When we even have the Chief Rabbi and the president of the Board of Deputies coming together to make clear the substantial problems of the Jewish community in Northern Ireland, that should make it clear that the protocol is a problem for communities right across Northern Ireland. We have a duty to resolve it, not play politics with it.

Legacy of Northern Ireland’s Past

Louise Haigh Excerpts

Wednesday 14th July 2021 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

I thank the Secretary of State for advance sight of his statement, but share your frustration, Mr Speaker, that the Government have repeatedly chosen to brief newspapers rather than to respect this House, and more importantly the victims whom these proposals concern.

In debates about Northern Ireland’s past here in Great Britain, it is all too easy to forget the victims of the conflict—people such as Brian Service, who was just 35 years old when he was shot in the head by loyalist paramilitaries in a random sectarian attack just weeks before the Good Friday agreement. After his death, his mother said she felt:

“It was as if he never really existed as a person and that his life and death did not matter.”

The deep pain of that conflict was the proximity of the violence and the absence of justice. More than 3,000 people lost their lives and tens of thousands were injured—in a place of fewer than 2 million people. Society and the peace process in general remain so fragile precisely because the pain runs so deep. It is why any proposal to deal with legacy must have victims and the communities of Northern Ireland at its heart, and that requires real care from the Secretary of State. It is therefore deeply regrettable that his approach has already seen trust among victims reach rock bottom.

Victims have been treated appallingly over the last 18 months: promises made torn up; gaslighted by the Secretary of State at this Dispatch Box. It is little wonder that many have greeted today’s proposals with deep scepticism and question whether this is more an exercise in shoring up narrow party support than in delivering the reconciliation that the communities in Northern Ireland crave.

We must not forget that this Government gave victims their word. Just 18 months ago, they promised to legislate on the Stormont House agreement in New Decade, New Approach. These proposals are a seismic departure from that promise. If the goal is reconciliation, why would the Secretary of State begin by taking a sledge- hammer to promises made by his own Government? I am afraid that to dress this up as truth and reconciliation is deeply disingenuous. As they stand, these proposals will deliver neither.

We cannot impose reconciliation and the truth will never out with an amnesty in place—because at the heart of these proposals is an amnesty in all but name, which is profoundly offensive to many. No wonder the five main political parties in Northern Ireland have objected to the proposals, as have victims’ groups right across the spectrum, including South East Fermanagh Foundation, WAVE and Relatives for Justice. Crimes committed in the United Kingdom, the vast majority of which relate to republican and loyalist murder, closed for good; no justice for the Bloody Sunday families whose cases remain live; no justice for the 21 innocent people murdered by IRA bombs on a November night in Birmingham in 1974—the deadliest act of terror in Britain until 7/7. Their families have said today that such an amnesty would be abhorrent.

As veterans of the Ulster Defence Regiment I met in Cookstown told me, “We have nothing to hide. We were there to protect the rule of law. If we broke it, use it against us. If we didn’t, defend us with it.” Ministers today appear to have concluded that the rule of law no longer applies—an amnesty for the republican and loyalist terrorists who tortured, maimed, disappeared and murdered men, women and children.

Addressing the toxic legacy of the past in this way—through unilateral imposition by Westminster without the support of any political party in Northern Ireland—is foolish and unsustainable. A way forward has to be found—one done with people, not to them, which genuinely prioritises reconciliation and upholds the rule of law. It is striking that the Secretary of State made scant reference to the Government’s obligations under article 2 to conduct effective investigations. If his proposals are not legal, they will be tied up in the courts for many years to come.

The work of Operation Kenova is demonstrating that even now, many years on, important new evidence can be retrieved. The case for a comprehensive legacy process, as outlined in Stormont House, through investigations with full police powers, remains strong and compelling. It is totally wrong to abandon it.

The Secretary of State’s deliberations concern the most shattering moments; the midnight hour of some of the darkest days seen on these islands. They concern whether families for whom the violence was so intimate will have the chance to come to terms with what happened to their loved ones. I urge him to ask himself whether society’s interests are truly served by an amnesty, or whether it is his own party’s interests that he is serving.

This is the last chance for many victims to find the truth. The Secretary of State’s decision could be the last word. On this issue, more than any other, those most affected by the dark legacy of the past must come first.

[Brandon Lewis]

We are committed to addressing the unresolved legacy of Northern Ireland’s past so that communities can reconcile and heal. That is what the Command Paper we will publish today sets out. I suggest the hon. Lady has a look at it; she will see that some of the issues she raised are the issues we have been talking to people about and cover in that Command Paper. As I said, we are determined that anything we do is article 2 compliant.

The hon. Lady referred to Operation Kenova, which has done excellent work with victims of families to get to the bottom of the truth. In the four or five years that has been functioning, there have been no prosecutions, but there is a model in Operation Kenova about how these things can work, which gives is a clear indication of how to get to information as we move forward. That is the kind of process that it would be constructive for us to look at and deal with.

On Stormont House, it is increasingly clear—I was frank about this in my opening remarks—that any approach to dealing with the legacy of the past that focuses on criminal investigations will be unlikely to deliver the outcomes that people hope for. There comes a point when we in this House need to be honest with people about the very painful and difficult reality of where we are today, as recent cases have shown us. That is probably why the previous Police Ombudsman for Northern Ireland made the comment that some of those things were simply unworkable. We are also clear that we will never accept any moral equivalence between those who upheld the law in Northern Ireland, who served their country, and those on all sides who sought to destroy it.

Let me gently say to hon. Lady that she stood there and talked about engagement, but some of the people she criticised me for not engaging with we engaged with just last week, as part of a wide range of engagement over the past 18 months that will continue. The paper is part of the tools that are ongoing and will continue in the weeks ahead.

In the light of not hearing from the hon. Lady a single thing about what the Labour party would propose as a way forward, I will finish, as I did in my opening statement, with a quote: “Instead of releasing the sort of politics that can ensure the success of the Good Friday agreement, the party is an obstacle to progressive political development.” That is a quote today from Boyd Black, the secretary of the Labour party in Northern Ireland.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill (Third sitting)

Louise Haigh Excerpts

Committee stage
Tuesday 6th July 2021 Public Bill Committees

[Louise Haigh (Sheffield, Heeley) (Lab)]

As ever, it is a pleasure to serve under your chairmanship, Mr Stringer.

I appreciate the Minister laying out clauses 1 to 3 and his exposition of some of the issues raised on Second Reading, in particular on caretaker Ministers. As I made clear on Second Reading, we welcome these limited attempts to safeguard power sharing and to improve the sustainability of the Executive and the Assembly, which reflect commitments made in New Decade, New Approach. We believe that all parties to that agreement, including the UK Government, should fulfil all the commitments made in it. That is the basis of amendments that we will come on to.

On clause 1, I appreciate the Minister’s description of the safeguards to ensure that caretaker Ministers do not step beyond the bounds of what is reasonable. I want to tease some of that out, not to put it in statute but to make it clear on the record. On Second Reading, the Minister said that there were well-defined limits for caretaker Ministers and explained that they would be constrained by the ministerial code. Will he confirm that only the ministerial code constrains Ministers in that regard, and not the programme for government?

It will not have escaped the Minister’s attention that at the moment, there is no programme for government, so if there were to be an election and this scenario envisaged, in that situation there would be no programme for government to constrain Ministers. Also, the ministerial code is silent on powers in that situation. I will be grateful if he could make it clear which section of the ministerial code would constrain Ministers.

On the courts being able to step in to hold Ministers to account, exactly what would they hold them to account on—on what point of law, or on what code? Will he clarify that? How exactly do we stop Ministers taking decisions that are significant, controversial and cross-cutting in the absence of an Executive in that scenario? In evidence, Professor Jon Tonge posed questions that need an answer today. What ministerial decisions will be taken that are not significant, controversial or cross-cutting? Will the Minister give us examples of what does not fall in that description? In a caretaker capacity, will Ministers be able to take decisions with financial implications? The reality is that few decisions will fall outwith those scopes.

On Second Reading, we discussed the possibility of Ministers going beyond their mandate and their remit. The reality is that what we are constraining them with is potentially extremely limited. We might be in exactly the same situation as we found ourselves in during the three years of collapse, with Ministers able to take very few decisions. I will be grateful if the Minister explains how he envisages that working.

In the evidence session, Mark Durkan expressed concerns about the possibility of the Assembly being up and running for 24 weeks during this period, albeit a caretaker one, but with potentially no protection for the operation of the north-south institutions. The ministerial code is clear that Ministers are required to attend the north-south institutions, so I will be grateful if the Minister confirms that that would remain the case and that strand two of the Good Friday agreement would be respected equally in such a period, while the Assembly is up and running.

The clause also excludes the possibility of a six-week extension period for filling the offices of First Minister and Deputy First Minister if the Assembly passes a resolution to stop that extension. It further states “without cross-community support”. In evidence, concerns were expressed about exactly what cross-community support looks like in that scenario. What is his definition of “sufficient”?

Clause 3 gives effect to a point that was of some debate during the NDNA talks in late 2019 and early 2020: paragraph 3.15 of the sustainability annex to the agreement. It was aimed at ensuring that a caretaker Executive that might be in place for up to six months had

“sufficient representation to command cross-community confidence in the Assembly.”

That finds expression in the Bill at clause 3, with the authority for the Secretary of State to call an election

“if the Secretary of State considers that it is necessary to do so in order to give effect to the purpose underlying paragraph 3.15 of Annex C of Part 2 of The New Decade, New Approach Deal”.

That leaves open the possibility that all the Unionist parties or all the nationalist parties refused to continue as caretaker Ministers, but that there would not be cross-community support in the Assembly to call an election, so the caretaker Executive could limp on with only one community represented for the six months before an election had to be called, subject only to the judgment of the Secretary of State. It would of course be open to the parties to ensure representation by staying in the ministerial roles as caretakers. However, it is clearly a dilution of the safeguard and places it as much as possible in the hands of the Secretary of State.

There is a difficulty quantifying absolutely what would constitute sufficient cross-community representation in circumstances where, for example, the Deputy First Minister resigns and Ministers withdraw. The common-sense view is that it would be sufficient if either the Ulster Unionist Party or Social Democratic and Labour Party stayed on. I concede it is difficult to quantify in legislation, and would be grateful if the Minister could expand on that.

At a basic level, the safeguard could be strengthened by saying that the Secretary of State “will” rather than “may” call an election if there is not sufficient representation in the Northern Ireland Executive to command cross-community confidence in the Assembly. Is the Minister comfortable that the Bill reads the Secretary of State “may” rather than “will” call an election? Can he explain the circumstances in which the Secretary of State would not call an election, even in the absence of sufficient cross-community support?

[The Chair]

I make it clear to the Committee, before I call Members to speak, that the Minister spoke to the first three clauses of the Bill. We will vote on clauses 1 to 3 separately at the end of the debate.

[Claire Hanna (Belfast South) (SDLP)]

It is a pleasure to serve under your chairmanship, Mr Stringer. Apologies for my lateness. I was outside the Boothroyd Room, uncharacteristically on time, and am new to this process.

On the ministerial code, we welcome clause 4—

[Louise Haigh]

We are just doing clause 1 to 3 at the moment. We are not on to the amendments yet.

[Mr Walker]

I am grateful to the hon. Member for Sheffield, Heeley for her broad support for the principles of the Bill and for her questions. She asked important questions about the safeguards on what we have come to know as caretaker Ministers. It was agreed in New Decade, New Approach that Ministers will remain in office in a caretaker capacity to allow for greater continuity of decision making. The deal also stated that Ministers would be required to act within well-defined limits, including those set out in the ministerial code and the pledge of office, in accordance with the requirement for an Executive Committee to consider any decisions that are significant, controversial or cross-cutting. As appropriate, restrictions are put in place during the pre-election period.

Limits have not been defined in the legislation because we anticipate they will operate as a matter of convention, rather than a legal issue. This approach to drafting allows a degree of discretion for unforeseen circumstances. I reiterate the expectation that Ministers will act responsibly.

The NDNA deal also stated that Ministers would be required to act within well-defined limits, as set out in the ministerial code, to operate within the framework for government, as the hon. Lady says, agreed by the previously functioning Executive endorsed by the Assembly. Ministers will act in accordance with the statutory requirement, included within the ministerial code, that any decisions that are significant, controversial or cross-cutting are required to be considered by the Executive. As appropriate, restrictions are in place during the pre-election period, as I have said.

The point is that this is not a good situation to be in—we do not want caretaker Ministers to be required. We would prefer to have a fully-functioning Executive and the institutions of devolution up and running at all times. We are trying to put in place—this was agreed by all parties—is a preferable situation to leaving civil servants with no ministerial cover at all, which is important. We heard in the evidence session of the problems faced during that time.

The hon. Lady asks about the decisions Ministers will be able to take—an important question. They will be able to take decisions within their responsibilities and areas previously agreed by the Executive as a priority for their Department. That puts us in a significantly better place than the absence of devolution. She asks about the north-south institutions, and I confirm that those can operate in this scenario and Ministers will be free to take part within the broader constraints.

The hon. Lady asks about cross-community support and is right that this is important. We need to ensure that any Executive meets the requirements of power sharing. She will understand, as she set out in her explanation, why we have not written into legislation the full detail of how that could work, as there are all sorts of scenarios with different outcomes from elections and political crises that could emerge. Her example of only one party being represented in the Executive would clearly not be sustainable. We would want to ensure that the Executive represents more than one community. It is important that a Secretary of State has a degree of discretion, depending on the political circumstances, as to when to exercise that power.

On the question of “will” or “may”, if a Secretary of State were in the position where they thought they were on the verge of a breakthrough in talks, they might need that discretion, but I cannot think of any other scenario in which they would not move towards calling an election if there were not that cross-community representation. I hope I have answered the hon. Lady’s key points.

--- Later in debate ---

[Louise Haigh]

Will the Minister confirm that if a programme for government is not in place, as is the case in the current mandate, Ministers will not be able to take any decisions?

[Mr Walker]

I am not sure that is quite right because Ministers would be able to take decisions within their departmental remit, which are running-order decisions for their departmental business. Clearly, they would not be able to take decisions that are about making significant changes to policy. The offer of working together is also part of the pledge of office. It is an important part of power sharing and that is one of the things that they are constrained by in their activities. Where a programme for government is agreed, they will also be stuck within its limits and will be working forward with that.

As Sir Jonathan Stephens said, the fundamental protection in the case of caretaker Ministers is the absence of an Executive. If there is no First Minister and Deputy First Minister, significant, controversial or cross-cutting decisions cannot be taken by the Executive. In a resignation scenario, Assembly Committees will also continue to function for the Assembly’s duration and can continue to discharge their important duties of scrutinising Ministers and Departments and holding them accountable. Under the Northern Ireland Act 1998, Ministers cannot take any decisions that ought to have been taken by the Executive. We therefore believe there is no need to provide further statutory clarifications given that legal safeguards are already in place. We also know, and as we saw during the period of absence of an Executive, that the courts are prepared to step in if they feel that decisions are being taken beyond the remit of whoever is taking them. We have seen examples of that.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

Clause 4

Ministerial Code of Conduct

--- Later in debate ---

[Claire Hanna]

I thank the Minister. We appreciate that this flows from NDNA, but I am unclear whether there was a specific request for those particular provisions to be withdrawn. They existed before the New Decade, New Approach deal. Other aspects have been enhanced, and this one has been diluted. It is not clear to me why that would be the case—why it would have been weakened.

I will keep my powder dry, in order to perhaps push subsequent amendments. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Louise Haigh]

I beg to move amendment 4, in clause 4, page 5, line 23, at end insert

“in accordance with the current Programme for Government drawn up in accordance with section 20(3) of the Northern Ireland Act 1998 and paragraph 20 of Strand One of the Belfast Agreement,”.

This amendment requires Ministers to pay regard to the statutory duty under the Belfast (Good Friday) Agreement for the Executive Committee to seek to agree each year, and review as necessary, a programme incorporating an agreed budget linked to policies and programmes, subject to approval by the Assembly, after scrutiny in Assembly Committees, on a cross-community basis.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 17, in clause 4, page 5, line 25, at end insert—

“(ba) seek in utmost good faith and by using their best endeavours to implement in full the Programme for Government in “The New Decade, New Approach Deal” as regards the transparency, accountability and the functioning of the Executive;”.

This amendment requires Ministers to implement the Programme for Government agreed in January 2020, as it relates to transparency, accountability and functioning of the Executive.

Amendment 18, in clause 4, page 5, line 25, at end insert—

“(ba) seek in utmost good faith and by using their best endeavours to implement in full any future deal on the operation of devolved government between the parties to “The New Decade, New Approach Deal” which may be approved by the Assembly;”.

This amendment requires Ministers to implement any future deal on the operation of devolved government in Northern Ireland.

Amendment 19, in clause 4, page 5, line 26, at end insert—

“(ca) abide by and implement in every respect Annex A to Part 2 of “The New Decade, New Approach Deal” as regards the transparency, accountability and the functioning of the Executive;”.

This amendment requires Ministers to strengthen and enforce the Ministerial Code and other codes including the Special Adviser Code of Conduct.

Amendment 6, in clause 4, page 5, line 28, at end insert—

“(da) comply with paragraph 2.11 of the Northern Ireland Executive Ministerial Code in relation to the inclusion of ministerial proposals on the agenda for the Northern Ireland Executive, with areas for resolution to be recorded in the list of “Executive papers in circulation” against those papers still outstanding after the third meeting, in accordance with paragraph 62(c) of Section F of the Fresh Start Stormont Agreement and Implementation Plan;”.

This amendment implements a commitment further to the Fresh Start Agreement providing that an item may not be blocked for more than three meetings of the Executive through lack of agreement on the agenda.

Amendment 3, in clause 4, page 6, line 8, at end insert—

“(1A) ‘Key performance targets and objects’ include commitments made in the Belfast Agreement (1998), the Hillsborough Agreement (2010), the Stormont House Agreement (2014), the Stormont House Fresh Start Agreement (2015) and the New Decade, New Approach Deal (2020).”

This amendment makes it a requirement of the Ministerial Code of Conduct that Ministers are accountable to the Assembly and the public for fulfilling the Belfast (Good Friday) Agreement and subsequent Agreements.

[Louise Haigh]

I shall speak to amendments 4 and 3, and in support of amendments 17, 18 and 19 that appear in the name of my hon. Friend the Member for Belfast South.

Amendment 4 seeks to address an issue that was discussed in the earlier debate—an issue that we see with the current absence of a programme for government. As hon. Members know, the programme for government is drawn up in accordance with section 20(3) of the Northern Ireland Act 1998 and paragraph 20 of strand 1 of the Belfast/Good Friday agreement. It provides Ministers and the public with a clear mandate and agenda and a basis for decision making. As we have discussed, any issue that a party in the Executive deems significant or controversial that is outside the programme for government can be referred for approval by the full Executive. Since New Decade, New Approach, that mechanism has been used on at least six occasions.

Despite the draft programme for government having been published in New Decade, New Approach, no programme has been adopted in the current mandate. The amendment would make Ministers accountable under the code of conduct for agreeing a programme for government, providing an additional layer of accountability. It would also be important for sustainability. In the absence of the powers of a caretaker Executive being codified in the Bill, the Committee is being asked to rely, in essence, on a programme for government to limit those caretaker ministerial powers. The amendment is therefore an additional safety mechanism, requiring Ministers to agree a programme for government. I would be grateful if the Minister could explain why he chooses not to accept it, if indeed he does not.

I will allow my colleague to speak on amendments 17, 18 and 19 more comprehensively, but the broad thrust of them is absolutely right and we wholeheartedly support them. Agreements made must be honoured, and too often elements of agreements made in the past—from the Belfast agreement through to the St Andrews agreement and, indeed, too much of New Decade, New Approach—have not been honoured. That has damaged trust in the operation of the Assembly and the perception of its ability to effect change. The amendments in the names of the hon. Members for Foyle and for Belfast South simply codify agreements that have already been reached. For that reason, we are very happy to support them.

[Mr Walker]

To respond to amendment 4, the Committee will know that clause 4 substitutes a revised ministerial code of conduct, setting out expectations on the behaviour of Ministers, including provisions around the treatment of the Northern Ireland civil service, public appointments and the use of official resources and information management. We are legislating to update the ministerial code of conduct in accordance with the requests made by the then First Minister and Deputy First Minister following agreement to revise the code by the Executive Committee. The changes, as I said, have not come from the UK Government but from the Executive themselves, to reflect what the parties agreed in the NDNA deal.

We do not think that the amendments are, in any event, necessary, as the pledge of office already requires Ministers to participate with colleagues in the preparation of the programme for government, and to operate within the framework agreed within ExCo and endorsed by the Assembly. We therefore feel that amendment 4 is not necessary, and I ask the hon. Member for Sheffield, Heeley to withdraw it.

[Louise Haigh]

I am grateful to the Minister for placing it on the record that the provisions in the pledge of office will constrain Ministers. I am therefore happy to withdraw the amendment.

[The Chair]

There was no debate on amendments 17, 18, 19, 6 and 3. I probably should have explained this at the beginning. We were debating amendment 4. I said at the beginning that it would be convenient to debate the other amendments at the same time. I think the hon. Member for Belfast South probably did not understand that. With the Committee’s indulgence, I will listen to the points that she wishes to make.

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[The Chair]

As the Opposition do not wish to press amendments 4 or 3, I call Louise Haigh to withdraw amendment 4.

[Louise Haigh]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

We can now go back to the correct order.

--- Later in debate ---

[Stephen Farry]

Everyone appreciates that politics in Northern Ireland is extremely fluid—that is probably a massive understatement. We never know what political crisis is around the corner.

This is an excellent Bill, and I am keen to see it implemented as quickly as possible following Royal Assent. I am not conscious of what the reason is for the two-month delay in commencement after Royal Assent, so I would be very grateful if the Minister outlined the Government’s thinking in that regard. I am conscious of the laws of unintended consequences, and while this otherwise excellent piece of legislation is sitting on the statute book, about to be implemented, a situation could emerge to which the implementation of one or another aspect of the Bill was very pertinent. We could have the bizarre situation where these good measures could not be deployed because of the two-month delay. Obviously, New Decade, New Approach was not specific about commencement dates, so it is in the gift of this Committee and subsequently the Chamber to look at them further.

[Louise Haigh]

I rise briefly to speak in support of the amendment in my name and that of the hon. Member for North Down. Recent events could scarcely have proven more how important this legislation is. Because it is clearly the will of this Committee and the House to support the measures in this Bill, it is important that they commence as soon as possible. It is baffling that it has taken 18 months to get here. As I said on Second Reading, covid is not a good enough excuse for why it has taken this long. If it progresses as quickly as it has so far, it will still not be in place until Christmas, which would be two years since NDNA was signed. That is just not good enough, as that will be approaching the end of the mandate for the May Assembly elections. We have made it very clear that we are prepared to do anything we can to help speed up the passage of the Bill and would welcome movement from the Minister on the commencement date.

--- Later in debate ---

[Stephen Farry]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 8 ordered to stand part of the Bill.

Clause 9 ordered to stand part of the Bill.

New Clause 1

Report on implementation of The New Decade, New Approach Deal

“(1) The Secretary of State must lay a report before each House of Parliament and before the Northern Ireland Assembly no later than six months after the date on which this Act is passed.

(2) The report under subsection (1) must set out —

(a) whether, and how, each provision of this Act has been implemented, and

(b) what plans the Government has to bring forward further legislative proposals to implement the remainder of The New Decade, New Approach Deal.”. —(Louise Haigh.)

This new clause requires the Government to report on what parts of The New Decade, New Approach Deal have been achieved under this Act, and what plans the Government has to implement the remainder of the deal.

Brought up, and read the First time.

[Louise Haigh]

I beg to move, That the clause be read a Second time.

I thank you, Mr Stringer, for chairing us through the speedy but proper scrutiny of the Bill this morning.

On Second Reading and this morning, the importance of all political parties abiding by commitments that are made in forming the Northern Ireland Assembly and Executive has been discussed at length. The Government have made that very clear on important elements of NDNA. If it is true for the Northern Ireland political parties, it must be true for the UK Government as well, as one of the co-signatories, just as it holds true for the Irish Government.

The provisions of annex A of NDNA outline a financial commitment that the Government were prepared to provide about 18 months ago. Much of that has still not been delivered, by the Government’s own admission—£1.5 billion of the funding set aside has yet to be delivered. I know the Minister will have figures on how much has been given for covid, but it still remains that much was promised to be delivered on public policy to support the mandate set out in NDNA.

The standstill budget for Northern Ireland when covid support is removed means the 7,500 police officers promised is little more than a pipe dream. Indeed, the Police Service of Northern Ireland has confirmed that it will cut numbers if that budget remains at a standstill this year. That also apples to the investment in transforming public services, such as the health service, which has been repeatedly mentioned because of the appalling waiting times in Northern Ireland, and infrastructure delivery.

The Prime Minster, who could not build a bridge when he was Mayor of London from one side of the Thames to the other, seems more concerned with one that will not be built from Scotland to Belfast, than delivering commitments the UK made just 18 months ago on urgent infrastructure requirements. The Stormont House agreement, recommitted to New Decade, New Approach, seems further way than ever, with the Government unilaterally rewriting it in briefings to newspapers.

The establishment of a Northern Ireland hub in London is nowhere to be seen, neither is the connected classroom initiative. Little wonder that the NDNA review panel has met just twice, as the Minster confirmed on Second reading, when it was supposed to meet quarterly. The Government would clearly rather not review their progress on their commitments.

The new clause is important because it requires the Government to report on which aspects of NDNA have yet to be delivered, especially when there is little time left of this mandate. It would provide an important parliamentary mechanism for Members across the House to keep to their side of the bargain, just as we ask all Northern Ireland political parties to keep to theirs.

[Mr Walker]

Before I comment on the new clause, I want to correct an error I made in my closing speech on Second Reading on this issue, when I stated that the Government have released £556 million of £2 billion-worth of funding agreed in the NDNA deal. I want to put on record that to date, the Government have released over £700 million of the £2 billion funding agreed over a five-year period.

The Government made good progress on the delivery of commitments under the New Decade, New Approach deal. We provided support for the resolution of the nurses’ pay dispute by securing the advance drawdown of funding. The revision of immigration rules governing how people in Northern Ireland bring family members to the UK took effect from August 2020. The appointment of a Veterans Commissioner took effect in September 2020. The launch of the programme for the centenary of Northern Ireland in 2021, supported by £1 million from the shared history fund, and regulations to bring Union flag-flying days in line with guidance in the rest of the UK, came into force in December 2020.

I am grateful to the Northern Ireland Affairs Committee, which has been scrutinising NDNA delivery closely, and we continue to welcome that. In “New Decade, New Approach Agreement: Government Response to the Committee’s Second Report of Session 2019-21”, the Government were supportive of the Committee’s recommendations to produce an annual report and offered to explore this further with the joint board. The Secretary of State also offered to attend a one-off oral evidence session before the Committee to discuss implementation of the New Decade, New Approach deal.

Given the commitments the Government have already made to bring forward reports and offer further discussions on implementation, as well as the existing scrutiny function in NIAC, we do not consider it necessary at this stage to lay a further report on the NDNA agreement. I ask the hon. Lady to withdraw her amendment.

[Louise Haigh]

Will the Minister confirm that £1.3 billion has still yet to be made available to the Northern Ireland Executive to fulfil the Government’s NDNA commitments? Can he confirm when the annual report will be published?

[Mr Walker]

On the first point, those commitments were made over a period of years. Much of the financial commitment has been front-loaded, and is why £700 million has already been brought forward in the first year. It is certainly the case that the commitments from NDNA will continue over that period of years. On the second point, I cannot give the hon. Lady a specific date, but am happy to write to her when that has been agreed with NIAC.

[Louise Haigh]

On that basis, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 2

Appointment of First Minister and Deputy First Minister

“(1) The Northern Ireland Act 1998 is amended as follows.

(2) In section 16A (Appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election), in subsection 4, omit the words “of the largest political designation“.

(3) For subsection (5) of that section, substitute—

“(5) The nominating officer of the second largest political party shall nominate a member of the Assembly to be the deputy First Minister.”.

(4) In section 16(B) (Vacancies in the office of First Minister or deputy First Minister), in subsection (4), omit the words “of the largest political designation“.

(5) For subsection (5) of that section, substitute—

“(5) The nominating officer of the second largest political party shall nominate a member of the Assembly to be the deputy First Minister.”.

(6) In section 16C (Sections 16A and 16B: supplementary), omit subsection (6).”—(Stephen Farry.)

Brought up, and read the First time.

[Stephen Farry]

I beg to move, That the clause be read a Second time.

Draft Local Elections (Northern Ireland) (Amendment) Order 2021

Louise Haigh Excerpts

Monday 5th July 2021 General Committees

[Louise Haigh (Sheffield, Heeley) (Lab)]

We are very happy to support the SI, on the basis that, as the Minister outlined, it will bring greater transparency in relation to election material in Northern Ireland, and bring the regime into alignment with the rest of the UK. Given the assurances that he made on digital literature, I am happy to leave it there and offer our full support.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Louise Haigh Excerpts

2nd reading
Tuesday 22nd June 2021 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

I join the Secretary of State in congratulating the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on his appointment as leader of the DUP and I also look forward to working with him. I thank the Secretary of State for setting out the measures in the Bill and for the regular updates he and the Minister have provided to me and my office over the past few weeks.

The instability in recent months has been unsettling for all of us who cherish the Good Friday agreement and who believe that its institutions and the principles that underpin it represent the best way forward for Northern Ireland, but, as ever, that instability has been most keenly felt by the people of Northern Ireland. They need a stable, functioning Executive to meet the enormous health and economic challenges facing Northern Ireland—a third of the entire population languishing on health waiting lists; nearly 300 children without a post-primary place for next year’s term; and, of course, recovery from covid. For all political leaders in Northern Ireland, that must be the priority in the coming days and weeks. It is partly for that reason that the Labour party supports the Bill before the House today.

We welcome attempts to safeguard power sharing and improve the sustainability of the Executive and the Assembly. Although we will suggest amendments to tighten up provisions in the Bill, the lessons from the past should offer a clear warning to all of us. Institutions are much easier to collapse than they are to get back up and running. Recent events could scarcely have provided a clearer example of why the provisions contained in the Bill are necessary.

Precisely because we support the provisions in the Bill, which were agreed through New Decade, New Approach more than 18 months ago by the former Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith), I want to make clear the mistake I believe the Secretary of State has made in leaving it until now for this crucial piece of legislation to be considered. It is simply not credible that this was the first moment that parliamentary time allowed for the Bill to be considered, and it is unclear why we are debating these measures only now, in the midst of political turmoil in Northern Ireland.

The instability we have seen in recent months, which the Bill in part attempts to address, has not emerged out of thin air. I fear the delay in bringing forward the Bill is symptomatic of the Government’s approach to Northern Ireland.

Too often over the past decade, Northern Ireland has been an afterthought here. As the consequences of decisions taken by Ministers have played out in Northern Ireland, the Government have frequently behaved as though they have found themselves at the scene of an accident entirely beyond their control. Too often, Northern Ireland has been overlooked and the work to deliver on the promise of peace allowed to stall.

Nowhere is that more striking than in the Prime Minister’s actions. He was repeatedly warned of the consequences for the fragile peace process of his Brexit deal and he chose to ignore those warnings. There is a direct line from his dishonesty over the deal to the instability we see in the institutions today.

It would be foolish to assume that the provisions of the Bill alone can guarantee stability. They cannot. To do that, Ministers must address the effects of their own actions, which have shaken faith in Northern Ireland. Progress has stalled and instability has grown. The Belfast/Good Friday agreement has been treated as a crisis management tool rather than as the vehicle through which lives and communities can be transformed.

Although Labour supports the Bill, we believe there are several missed opportunities for the Government to refocus on delivering on the promise of peace, which they have allowed to stall. We will seek to bring amendments to push for the full implementation of the Government’s commitments under the New Decade, New Approach agreement, which, like the Bill, have been delayed for too long.



The same principle is true of the undelivered promises of the Good Friday agreement on a Bill of Rights, integrated education and housing, women’s rights and giving communities a real say in decision making. They were the essence of the Good Friday agreement and the shared future that it imagined, but progress on them has been virtually non-existent over the past decade. We do not believe that the instability that we see can be separated from the failure to deliver on such commitments. Above all, the way to guarantee stability is to demonstrate that commitments made will be honoured and that Westminster is still prepared to step up and honour our side of the bargain.

We will further seek to tighten up the provisions on the caretaker institutions to prevent misuse and promote good governance. With that in mind, we have concerns about what might be described as some of the constructive ambiguities in the Bill and some of the unintended consequences that may follow. Our concerns fall into two categories: those relating to a caretaker Executive and those relating to the vetoes available within the Executive.

First, on the provisions allowing for a caretaker Administration following an Assembly election or the resignation of the First Minister or Deputy First Minister, the scope of statutory powers was recently significantly expanded. Although the Government talk about caretaker Ministers being able to operate only “within well-defined limits”, those limits are in no way outlined. That leaves open a broad statutory remit and does not provide the necessary safety catch to prevent caretaker Ministers from exercising powers not envisaged in the Bill. I would be grateful if the Minister responded to that point or if we could address it in Committee.

Secondly, the Bill deals with the petition of concern and its use and misuse. We absolutely support this limited reform, which will return the mechanism to its original intention, but the Bill is silent on the other effective vetoes that have been used to block agenda items from reaching the Executive or to prevent discussion on cross-community issues of concern. If the petition of concern reform was intended to prevent it from being misused by a single party to block progress, it would be a mistake to allow other vetoes to persist that allow for much the same outcome.

Finally, we hope to see some movement from the Government on dual mandates to allow for greater flexibility, potentially on a short-term basis. I reiterate our support for the limited measures in the Bill, but I make it clear that this is only a start. There is much, much more work to do.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We now go to the Chair of the Select Committee on Northern Ireland Affairs.

Ballymurphy Inquest Findings

Louise Haigh Excerpts

Thursday 13th May 2021 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

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

As the Secretary of State has outlined, in five separate shootings across three days in August 1971 in the Ballymurphy estate in west Belfast, 10 innocent civilians were short dead, nine by the armed forces, with evidence unable conclusively to determine in the tenth case. Among them were a priest, a mother of eight and a former soldier who had fought and was injured in world war two. Fifty-seven children were left without a parent—their lives for ever changed. Yet the trauma of the murders was undoubtedly compounded by what followed: families prevented from finding comfort by lies told about their loved ones that have haunted them down the decades, and a fight for the truth hampered by entirely inadequate investigations and wholly unjustifiable obstacles. Who cannot be struck by the dignity and tenacity of those families who, in the face of those obstacles, have fought for the truth and finally, this week, have been vindicated?

The conclusions of Justice Keegan are clear and irrefutable: those who lost their lives were posing no threat; their deaths were without justification. They were Francis Quinn, Father Hugh Mullan, Noel Phillips, Joan Connolly, Daniel Teggart, Joseph Murphy, Eddie Doherty, John Laverty, Joseph Corr and John McKerr. An eleventh man, Paddy McCarthy, a youth worker, died from a heart attack. That families have had to wait for so long to clear their name is a profound failure of justice and one we must learn from, because, as the Secretary of State said, many more families are still fighting for answers. They include Cathy McCann, who in 1990 was the sole survivor of a Provisional IRA bomb in Armagh in which a nun and three policemen were killed. Twenty-one years earlier, her father had been killed by the auxiliary police force, the B Specials.

This ongoing failure to find the truth is an open wound that ties Northern Ireland perpetually to the past. Burying the truth and refusing to prosecute or investigate crimes has not worked in the 23 years since the signing of the Belfast Good Friday agreement, so how can anyone in this House look victims like Cathy in the eye and tell her she must move on? The Government gave victims such as Cathy McCann their word. Through the Stormont House agreement, they promised to establish a comprehensive system to look at all outstanding legacy cases through effective investigations and a process that would, where possible, deliver the truth and the prospect of justice. Yet last Wednesday night, victims found out on Twitter that the Government intend to tear up that plan and provide an effective amnesty to those who took lives. The statement today brings us no closer to understanding the Government’s policy to deal with the legacy of the past.

The lessons of the past are clear: addressing the legacy through the unilateral imposition of an amnesty from Westminster, without the faintest hint of consultation with victims or the support of communities or any political party in Northern Ireland or the Irish Government, would be impossible to deliver. It would make reconciliation harder, and it would not achieve what the Government claim they want. Any process that remains open to legal challenge will invite test cases and bring more veterans back through the courts.

I will finish with a comment on the Prime Minister’s actions—or lack of them—over the past two days. In the aftermath of the Bloody Sunday inquiry, David Cameron came to this House and apologised in a statement. He did not brief apologies from disputed calls with politicians. He took full responsibility. Where is the Prime Minister today, and why has he not publicly apologised to the Ballymurphy families and to this House? Will he take responsibility as Prime Minister and show the victims the respect they so obviously deserve? Victims like those who lost loved ones at Ballymurphy have been let down for far too long. Ministers should bear in mind the words of one victim I spoke with yesterday, as they worked through the next steps of legacy:

“I just want to know what happened. I want to know my dad’s life meant something. I just want the truth.”

[Brandon Lewis]

The hon. Lady and I are overwhelmingly united in our thoughts for the Ballymurphy families and for all families who have suffered so much, and so unnecessarily, during and since the troubles. I believe we are also united in our determination to do what we can to put a stop to this suffering and to ensure that people get the information and get to the truth.

My apology and the Prime Minister’s apology yesterday to the Ballymurphy families cannot change what they have endured, but I can promise that it will be followed by action to prevent others from all communities who have lost loved ones or been injured, whether civilians, paramilitaries or soldiers, from continuing to go through the same lengthy and traumatic experiences that have taken too long to get to the truth. Our approach will have at its heart a clear focus on doing what is right: what is right for all those who have been directly affected by Ballymurphy and the many other terrible events and incidents of the troubles; and also what is right for wider Northern Ireland society, including the new generation—a younger generation—who did not live through the troubles. We need to ensure that we are not leaving this for them to deal with. This generation must be looking to the future while always understanding and being aware of the past, with its tragedies as well as its opportunities.

The Government will not baulk from those challenges. The challenges involved in confronting the past are complex and sensitive, and we appreciate that. We recognise that we will not baulk from confronting the past, including our own state actions. That is necessary to ensure that we do get answers for individuals, but also as a critical step towards the reconciliation we all want to see continue and deliver in Northern Ireland for its shared and prosperous future.

Northern Ireland

Louise Haigh Excerpts

Tuesday 13th April 2021 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

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

Twenty-three years ago this week, the Belfast Good Friday agreement was signed. The violence in recent days, some of it carried out by children with no memory of the dark days of the past, has been painful to witness. Our thoughts are with those injured, and our deep gratitude belongs with the police, community workers and leaders on the ground who have helped to restore some sense of calm in recent days.

The violence was unjustified and unjustifiable. Those adults cheering on youngsters showed a sickening disregard for their children’s futures. But recent months have shown just how fragile the peace is, and that it requires responsible and careful leadership to safeguard. As the Secretary of State has outlined, there are complex and varied factors behind the causes of the rioting—disrupted paramilitaries lashing out at the police; anger at the way in which the Bobby Storey funeral was handled last year—but there is also a very deep sense of hurt and anger among the Unionist and loyalist communities, which has been building for months and must not be ignored.

The Prime Minister made promises to the people of Northern Ireland that there would be no border with Great Britain, knowing full well that his Brexit deal would introduce barriers across the Irish sea. He made those promises because he knew that economic separation would be unacceptable to the Unionist community, and the growing political instability we are seeing has its roots in the loss of trust that that caused. Trust matters. It is what secured and has always sustained the Belfast Good Friday agreement.

In moments of instability, what Sir John Major and Tony Blair, Mo Mowlam and the right hon. Member for Skipton and Ripon (Julian Smith)—Labour and Conservative—understood was that trust, leadership and partnership are paramount to finding a way forward in Northern Ireland. As a co-guarantor to the Belfast Good Friday agreement, the Prime Minister owes it to the people of Northern Ireland to restore the trust he has squandered. He is not a casual observer to these events. He must step up and urgently convene talks with the political parties in Northern Ireland and all parties to the protocol to find solutions and political agreement.

Can the Secretary of State outline when the Prime Minister is planning to travel to Belfast to convene talks and show the leadership this moment demands? What is the strategy for addressing the loss of trust among the Unionist and loyalist communities to demonstrate that legitimate grievances are being heard? How are representatives of Northern Ireland being brought into the negotiations on huge decisions affecting their future? And can the Secretary of State detail—I have asked him this many times from this Dispatch Box—what practical solutions the Government are seeking with the EU to reduce checks and requirements between Britain and Northern Ireland? Fundamentally, the people of Northern Ireland must see that politics can work, and that the word of politicians can be trusted again.

Recent weeks have demonstrated starkly that peace is an ongoing process. It is no coincidence that violence has flared in areas of profound deprivation, where educational attainment is too low, paramilitary activity 23 years on from the agreement is still criminally high, and children are educated in segregated schools and grow up in segregated communities. For them, the promise of peace has not arrived. A toxic combination of deprivation and disregard has fuelled deep disillusionment. But we must believe that there is still a deep urge for a future where reconciliation walks hand in hand with social justice. We saw that in the courage of communities along the interface in Belfast this past week. We must now see political leaders match that courage.

This moment must mark the end of an era in which Northern Ireland has been relegated to little more than an afterthought and the promise of peace allowed to stall. It demands a collective renewal of our commitment to the agreement and the principles that secured it. It demands that the vacuum of leadership and strategy in Northern Ireland is now filled. The Prime Minister must face up to the consequences of his own actions and show the leadership that the communities are crying out for.

[Brandon Lewis]

I welcome the hon. Lady’s condemnation of the violence and her support for the PSNI and others, as well as her words about the social fabric structure issues in Northern Ireland. It sounds like we have a shared view on that, particularly when we think about the failure to see the delivery of integrated education, for example, which was outlined back in 1998. That is one of the areas we need to work on. That is why the Government’s programme of work on levelling up and investing in city and growth deals and other areas is so important: to make sure that people can see the benefits of what is happening and can take the opportunities and move forward in a positive way.

The hon. Lady is absolutely right—I agree with her—in her comments about the Unionist and loyalist communities. It is so important to ensure that our friends and partners in the EU come to fully understand the issue around identity that people feel so passionately about—rightly so—in Northern Ireland in the Unionist community, and the impact that the decision on article 16 has had for people in that community. I welcome the fact that Vice-President Maroš Šefčovič met with civic society and business leaders some weeks ago now. I encourage him to do as he has pledged to and to do more of that work to fully understand.

The hon. Lady referenced the protocol. As I have just noted, issues on that protocol have played a part in tensions in the loyalist and Unionist communities. That is why I and the Prime Minister have been very clear about our determination to deal with those issues and to find a way forward. We all remember that the protocol is there and in place because of the unique circumstances of Northern Ireland. We have got to make sure it works in a good, fluid and flexible way, so that it works for the people of Northern Ireland, because ultimately it only works if it is working for everybody across the community. It has to be something that is acceptable to the Unionist and loyalist communities as well.

The hon. Lady mentioned talks. Obviously, I have met leaders in the Executive, as well as party leaders. I do that regularly and will continue to do so. The Prime Minister has met with people from civil society and the business community on the protocol. We support the established bodies that have been set up—the Joint Committee and so on—and there is the work we are doing there to resolve the issues.

I am glad to hear that the hon. Lady wants to see reduced checks. I assume that she supports retrospectively the unilateral action that we took just a few weeks ago and will support the work that the Government are doing to ensure that we reduce the checks so that the protocol works in the pragmatic way that was always envisaged. Ultimately, we come back to being united on the fact that, wherever we agree or disagree, the way forward is always through dialogue, never through violence.

Northern Ireland Protocol

Louise Haigh Excerpts

Wednesday 10th March 2021 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the Government’s unilateral action on the Northern Ireland protocol.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The Government are committed to giving effect to the protocol in a pragmatic and proportionate way, one that is needed. We will continue to work with colleagues in Westminster, with the Northern Ireland Executive and with businesses to support our sensible approach.

As I announced last Wednesday in this House, the Government have taken several temporary operational steps to avoid disruptive cliff edges as engagement with the EU continues through the Joint Committee. These steps recognise that appropriate time must be provided for businesses to implement new requirements, and that action was needed in the immediate term to avoid any disruption to flows of critical goods, such as food supplies, into Northern Ireland. Since that statement, further guidance has been provided, including on parcel movements.

The protocol was agreed as a unique solution to the complex challenges that are before us. Its core aims include upholding the Belfast/Good Friday agreement in all its dimensions, north-south and east-west, and ensuring that the implementation of the protocol can be given effect in a way that minimises the impact on the everyday lives of communities in Northern Ireland, as the protocol itself pledges. The Government remain committed to meeting our obligations, and doing so in the pragmatic and proportionate way that was always intended.

[Louise Haigh]

Thank you, Mr Speaker, for granting this urgent question. In recent weeks, we have seen the threat of instability return to Northern Ireland. Without responsible leadership, the Brexit deal that the Prime Minister negotiated always had the potential to unsettle the delicate balance of identities across these islands. It was only on 24 February that the Chancellor of the Duchy of Lancaster said that we are committed to jointly finding solutions

“to make the Protocol work”.

Just seven days later, the Secretary of State unilaterally undermined that commitment, sending a clear message that the Government’s word cannot be trusted, which raises serious questions about whether the Government have a strategy at all to deal with the complex realities facing Northern Ireland.

Provocation is not a strategy, and a stop gap is not a solution, so what precisely is the Government’s intention? Is it to push the protocol to breaking point, and undermine the cast-iron commitment to avoid a hard border on the island of Ireland, or is it to find the solutions that businesses are crying out for? If it is the latter, can the Secretary of State give us something tangible? What kind of agreement is being sought, for instance, on common veterinary standards that would deliver the long-term solutions needed to prevent disruption? Does he think that the Irish Government saying that we are no longer a partner that can be trusted will make such solutions more likely or less? Does he think that the behaviour of Lord Frost will make desperately needed flexibility from the EU more likely or less? Does he think that that approach will make the chances of a successful relationship with President Biden more likely or less?

Will the Secretary of State confirm whether the actions taken last week breach international law for a second time? This is an extraordinary position for the Government to be in: having to break the law and trash Britain’s international reputation to remove checks that they claimed never existed. Is it not now time to show responsibility to the people of Northern Ireland, be honest about the consequences of the Brexit deal that the Prime Minister negotiated, and commit to working with the EU to find the long-term solutions that we desperately need?

[Brandon Lewis]

I note from the hon. Lady’s comments that, from memory, she did not at any point disagree with the substance of any of the measures that we have brought forward, which are critical to protecting the flow of goods in Northern Ireland, so I assume that she inherently supports what we have done. She will be in good company, because the actions that we took last week have been backed by a range of businesses and the communities in Northern Ireland. The Northern Ireland Retail Consortium itself said:

“The retail industry welcomes the extension of the grace periods…even if it is unilaterally, to allow us to continue to give Northern Ireland households the choice and affordability they need.”

That sentiment has been echoed by many others, who have said that the action was needed in relation to the immediate grace period deadlines.

I have spent a lot of time over the last few months, and certainly in the last couple of weeks, for obvious reasons, talking to businesses that were very clear that, had we not taken that action last week, we would have seen disruption to food supplies in literally the next couple of weeks. Underlying the point that the hon. Lady made in her opening comments about stability is the fact that it was important for stability for people in Northern Ireland, and for the future of the protocol, for us not to be in a situation where, because of the way things were being implemented, we would have had empty shelves again, potentially in just a couple of weeks’ time. I am sad that she was almost arguing that that could be acceptable. It simply is not.

In terms of the hon. Lady’s questions on the action that we have taken, the measures that I announced last Wednesday are lawful. They are consistent with a progressive and good faith implementation of the protocol. They are temporary operational easements, introduced where additional delivery time is needed. They do not change our legal obligations set out in the protocol, and we will continue to discuss protocol implementation in the Joint Committee. Some of the issues that she has raised are those that we are working in through the Joint Committee.

We would have liked to be able to get this agreement with the EU. Sadly, that was not possible within the timeframe in which we had to make a decision to ensure that the people of Northern Ireland did not suffer loss of trade and loss of flow of products into Northern Ireland in the next couple of weeks. That is why we took some simple, operational and pragmatic decisions last week.

I have to say I am a bit disappointed, although I probably should not be surprised, to see a Labour Front Bencher standing here and defending the EU, rather than defending the actions of the UK Government, who are standing up for the people of the United Kingdom and, in this case, making sure that we do the right thing by the people of Northern Ireland. As a Unionist, I ask the hon. Lady whether she really feels she is in the right place on this.

Oral Answers to Questions

Louise Haigh Excerpts

Wednesday 3rd March 2021 Commons Chamber

[Brandon Lewis]

My hon. Friend makes an important point, which was why I was pleased to hear that Vice-President Šefčovič had recently agreed to meet businesses across communities and civic society in Northern Ireland to hear directly from the people who are being affected by some of the issues that we are seeing, particularly the impact that the EU’s decision to invoke article 16 had in terms of compounding these issues and of undermining cross-community confidence. That is why we will take forward some further temporary operational steps, which I will outline in the written ministerial statement, to ensure that people in Northern Ireland are able to continue to have access to products in the way that the protocol envisaged.

[Louise Haigh (Sheffield, Heeley) (Lab)]

May I take this opportunity to thank my hon. Friend the Member for Bristol South (Karin Smyth) for her years of service on the Front Bench? I know that she will continue to champion the people of Northern Ireland from the Back Benches.

While we will study the detail that the Secretary of State is set to announce in his written ministerial statement, any more time will be welcomed by businesses across Northern Ireland which simply were not prepared for the changes that took place on 1 January. He admitted last week that he did not envisage the disruption that we have seen as a result of the protocol, despite businesses shouting from the rooftops for months. Given this lack of awareness and the shambolic preparation for the end of the transition period, what confidence can the Secretary of State give to businesses in Northern Ireland that this extension will be used properly to prepare businesses for the changes to come?

[Brandon Lewis]

I join the hon. Lady in her thanks to her colleague the hon. Member for Bristol South (Karin Smyth) for the work that she has done. Both my hon. Friend the Member for Worcester (Mr Walker) and I have worked with her and know that her compassion and her passion for the issues of the people of Northern Ireland are without question, and huge credit goes to her for that.

On the issues that the hon. Member for Sheffield, Heeley (Louise Haigh) has just raised, I would say to her that, genuinely, we have been working with businesses and across communities in Northern Ireland over the past year on the development of the guidance notes. In fact, we have been working with businesses since the end of the transition period to ensure that things are delivered in a way that works for them. Our work is informed by businesses so that we can deliver what they need on the ground to deliver for their customers and our constituents right across Northern Ireland.

[Louise Haigh]

Any extra time will of course be welcome and is important, but it is not the long-term solution that businesses and the people of Northern Ireland need. Can the Secretary of State confirm that he is demanding within Government practical solutions, such as a veterinary agreement, that would reduce the barriers down the middle of our Union that his Government insisted on?

[Brandon Lewis]

The hon. Lady will have seen the correspondence between the Chancellor of the Duchy of Lancaster and the EU Commission outlining some of the things that we are looking at implementing. I point out that it is worth all businesses looking at and taking advantage of the Trader Support Service and the movement assistance scheme, which are specifically there to help businesses and to support them entirely at the cost of the UK Government. We have put several hundred million pounds of support into those businesses through those schemes, and they are working exceedingly well. Some businesses are hugely positive about the impact they will have.