Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Maria Caulfield Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Karen Bradley]

I will of course be very happy to provide the hon. Gentleman with more information on that point. Everybody believed that the Human Rights Commission had legal standing. The HRC took the case believing it had legal standing, but it was only during the Supreme Court judgment that that point was clarified. I am very happy to share the information on that point with him.

Returning to the point raised by the hon. Member for Walthamstow about the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 and the amendment to section 4 that she pressed to a vote and that this House accepted late last year, clearly the Act cannot change the law in Northern Ireland. The guidance I have issued on what I expect the Northern Ireland Office to do is very clear, but it cannot in itself change the law. I do not have the power to do that through that Act of Parliament. However, I do keep under review the obligations we have on the matter.

I want to be very clear and to state very clearly that the UK Government remain committed to their obligations under international law, including the European convention on human rights. It is important to recognise that it is for the devolved Administrations across the whole UK to ensure that their domestic laws and actions are compliant. The observance and implementation of international obligations, and obligations under the European convention on human rights, so far as they are otherwise within the competence of the Assembly, are matters for the Northern Ireland Assembly.

If I can make one final important point, I support the principle of the amendment on same-sex marriage, which was not selected today, and I have been clear on the record that I want changes to the legislation relating to abortion in Northern Ireland. However, those are matters for a restored Executive. We want a restored Executive to progress legislation on that issue as one of the first things they do.

[Maria Caulfield]

Given that this is the second year that this place is bringing forward a Northern Ireland budget Bill—there is another Northern Ireland Bill tomorrow—and given that the debates we have had with the hon. Member for Walthamstow (Stella Creasy) and on the veterans issues raised by my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), does the Secretary of State not think that passing all the stages of a Bill in one day does a disservice to the people of Northern Ireland? We need proper scrutiny of the Bill through the normal process that any other Bill would have.

[Karen Bradley]

What we are doing today is effectively the estimates process. The moneys we are voting on today have all been voted for and properly scrutinised in this House. We are confirming the departmental spending in 2018-19, so for this current financial year. That spending was done on a proper statutory basis, with the moneys having been properly voted through this place and properly scrutinised in this place in terms of the block grant given to the Northern Ireland Office. What would happen normally is that the Northern Ireland Assembly would hold an estimates day, which would probably be about the same length of time. At the end of it, it would vote on the estimates. We are therefore effectively doing the same thing, but we have to do it through primary legislation because we are unable to do it in any other way in the absence of the Assembly sitting.

I know that that is not satisfactory and I know it does not feel right to those of us who are used to the full scrutiny of Bills, but I gently say that we are probably giving the Bill about the same amount of time it would have had in the Assembly if it was sitting. This is a very technical Bill. It is about making sure we agree that the spending that has already happened has been done on the proper legislative statutory footing and that we agree that more spending can take place next year without going into any further details about the allocations, merely that we accept that 70% of prior year spending can be spent by the Department without the need for further legislation. I hope that clarifies the point further.