Oral Answers to Questions

Maria Caulfield Excerpts

Wednesday 6th March 2019 Commons Chamber

[Karen Bradley]

I can assure the right hon. Gentleman of that. Despite the lack of a devolved Executive, we now have a fully constituted Policing Board to ensure that we have proper governance arrangements in Northern Ireland. That step was taken after the House passed the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018. However, the right hon. Gentleman is right: we need to ensure that the police have the powers that they need, throughout the United Kingdom, in order to challenge and deal with the threat of terrorism.

[Maria Caulfield (Lewes) (Con)]

Given that the majority of the parties in Northern Ireland want the Assembly to be restored, would the Secretary of State consider restoring an Assembly of the willing?

[Karen Bradley]

My hon. Friend has made a good suggestion, which has also been made by a number of parties. However, the Government are steadfast in their commitment to the institutions established under the Belfast/Good Friday agreement and its successors. I want those institutions to be fully restored, and that is what I am working to achieve.

Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Maria Caulfield Excerpts

2nd reading: House of Commons
Wednesday 6th March 2019 Commons Chamber

[Karen Bradley]

Throughout the whole budgetary process, we have ensured that we have liaised with the main parties in Northern Ireland and politicians to make sure that we reflect both the priorities of the programme for government that was in place before the Executive collapsed and the priorities of the politicians of Northern Ireland. Clearly, an increase in the regional rate was needed to meet the budget gap. It is quite right that, as well as the Treasury providing additional money to bridge the gap in the budget, the people of Northern Ireland should make a contribution towards the public services that they receive, and 3% was an appropriate number.

[Maria Caulfield (Lewes) (Con)]

The retailers organisation, Retail NI, has expressed disappointment at the rates, and has argued that Northern Ireland businesses would be paying the highest business rates in the UK. Will the Secretary of State give some words of sympathy or encouragement to them?

[Karen Bradley]

I understand the concerns that have been raised; I have met Retail NI and others. Clearly, we are only increasing business rates in line with inflation, but a number of measures are available to businesses in my constituency that are not available to businesses in Northern Ireland. That is as a result of Northern Ireland not having an Executive to deliver those. This comes back to the point that we discussed at length yesterday: what we need is an Executive to deliver on the programmes, incentives and support that are available, as is right and appropriate for Northern Ireland. It may be that what is needed in Northern Ireland is not the same as the incentives in Great Britain.

--- Later in debate ---

[Karen Bradley]

There are differences in fuel costs and transport costs. There are differences between different parts of the UK. I am interested in making sure that the scheme in Northern Ireland remains legal so that people with boilers can continue to receive some subsidy. I know it is not at the levels they were receiving previously, but it is still some subsidy.

[Maria Caulfield]

I understand why there has to be a change, but for farmers who have borrowed £250,000 or £500,000 to install a boiler and went to the banks with a guarantee of 20 years of subsidy, a change from £13,000 to £2,000 a year per boiler is a real concern. Many will not be able to pay the money back and will go under.

[Karen Bradley]

That is why a buy-out scheme is available: so that boiler owners can choose individually. I cannot say exactly what the rate will be, because it will depend on, for instance, the subsidies that have been received to date. The calculations will be individual, but a buy-out will be available to boiler owners who do not believe that the subsidies now available will enable them to continue in business.

--- Later in debate ---

[Tony Lloyd]

Like the hon. Gentleman, I very much welcome this piece of good news, but it has to be set against the fact that we do need to see renewal in many towns, and I want to return to a question I raised with Ministers yesterday about the stronger towns moneys. I did not get a response to the question I raised; there was no certainty on that. The Communities Secretary made it clear that the stronger towns moneys were available of course for England but also for Wales, Scotland and Northern Ireland. In Wales and Scotland, I assume those moneys will be diverted through the devolved Administrations there, but with Northern Ireland, we do need some certainty that there is political process and there will be political decision making that can ensure that, whether in Ballymena or any other town, there will be access to the stronger towns moneys. That is important in the context of the debate we are having; yes, we welcome the relative capping of the business rates but we want a recognition that there is still need for legitimate support for businesses across Northern Ireland.

I want to pick up the points made by my hon. Friend the Member for Ogmore (Chris Elmore). He made some interesting comments about the impact of the domestic rate increase. An increase of 3% plus inflation is perhaps supportable for many people, but it is interesting to compare with the Government’s proposed uprating for benefits: for universal credit, for example, that will be 2.4% in total. So 3% plus inflation is a bigger cost being imposed on the many families in Northern Ireland who struggle—for instance, low-income families or families on minimum wage. That kind of impact must be considered.

The Secretary of State says that the people of Northern Ireland should make a contribution as well as the Treasury, but let me make the obvious point that the people of Northern Ireland do make a contribution to Treasury moneys: they pay income tax, they pay VAT and they pay all the other taxes that are paid by people throughout the United Kingdom.

In those terms, this is effectively a redistribution from UK-wide taxation—which is perhaps not as progressive as I would like, but at least it has some sense of progression—to a more regressive form of taxation around regional rates. Nevertheless, the many sectors such as local authorities and, most importantly, education spend and health spend that depend on regional rates certainly need to see these resources coming in, so it would be hard to resist the case for this legislation being needed. It also has time import, in that the new financial year will not be long delayed.

However, that is not the case with the legislation relating to the renewable heat incentive. The consultation on the present scheme began last May and finished last September, and this legislation should have been brought before the House long before now if the intention was to implement it on the third parties on 1 April. It is unacceptable that we are now having to legislate at breakneck speed, just as we did yesterday. The legislation is being forced through the House without the opportunity for proper scrutiny. I have to say to the Secretary of State, although not unkindly, that I did not find her answers convincing when she responded to questions raised by previous speakers. I did not honestly feel that the House knew whether the legislation was necessary. I shall go into further detail on that in a moment.

Will the Secretary of State tell me when the Department for the Economy in Northern Ireland began to talk to the Northern Ireland Office about the need for an uprating? We know that there was an uprating last year, roughly 12 months ago, and it should have been obvious to everybody, particularly as this had gone out to consultation, that there would be a need for legislation, so why are we doing this so late on? Alternatively, why has it been necessary to do all this today? Could we not have had a Second Reading today, after which the Bill could have gone into Committee in the normal way and completed its progress later on, having had proper scrutiny throughout the process? This matters, for all the reasons that have already been given in exchanges with the Secretary of State. We have to be certain that the scrutiny is sufficient to reveal exactly what is happening.

On the specific details, I want to ask the Secretary of State some questions that are parallel to those already raised by hon. Members. An argument that is used to underline her case is that only by moving in this direction can we ensure state aid compliance and that this is the only legal basis, other than the complete abolition of the scheme, for reform of the RHI system. I do not know whether that is true. Nothing that has been presented to the House gives us any reason to believe that this is exactly what the European Union has said.

The hon. Member for North Antrim asked why the situation in Great Britain should be different from the situation in Northern Ireland. Why does one involve state aid compliance but not the other? Conversely, one of the proposals in the Ricardo review was to look at the introduction of the GB tariffs in Northern Ireland, and if those tariffs are legitimate for my constituents in Rochdale, why are they not legitimate for people in Northern Ireland?

[Maria Caulfield]

The shadow Secretary of State is making some good points. The financial difference is stark, because the amount in the rest of the UK will be £20,000 per year per boiler, whereas the amount that we will be moving to in Northern Ireland will be just £2,000 per year per boiler. That is not a small difference.

[Tony Lloyd]

The hon. Lady makes a valid point. Obviously, it is not a small difference; in fact, it is a huge difference to those on what could be described as the receiving end, those at the £20,000 level, or the non-receiving end for those at the £2,000 level. The details for a particular farm that I will come on to bear out exactly the point that she makes.

We need to know about state aid compliance, not only what lies behind it but how it has the system so circumscribed that we can do no other. I want to challenge Ministers on some of the things that they have told us. For example, the Secretary of State said that the cost of fuel might be different in Great Britain from Northern Ireland. I am told, however, that a lot of our non-home-grown fuel is imported from the Baltic states, where there is an awful lot of wood—I can assure the House of that, because I have seen it. Those pellets are shipped from the Baltic states to the UK generally, and I can recognise no enormous difference in the cost thresholds such as to produce a very different cost profile in Northern Ireland—a much cheaper one—from that in Great Britain. That we would have such different cost pressures does not seem logical. We need proper answers to such questions, although I fear that we will not get them today.

--- Later in debate ---

[Tony Lloyd]

That is a fair point. There is nothing in this Bill that talks about post-legislative scrutiny. We need some capacity to measure the impact of the legislation after it leaves this House, because it will have an impact. The scheme was a disaster from its inception. That is most certainly true. It is also most certainly true that controlling the overall level of cost is and ought to be a matter of public policy, which is in the interests of people in Great Britain as well as in Northern Ireland. Coming up with legitimate control is not something that divides the House, but we need to make sure that we measure the impact on those affected, and that is simply not there.

[Maria Caulfield]

The clause 4 powers to instigate the buy-out arrangements are to be exercised only in the period while there is no Executive. So this place would have a duty to scrutinise that, because under this legislation once the Executive are back up and running, the job of scrutiny would return to the Northern Ireland Assembly.

[Tony Lloyd]

That has to be right. We have a duty to ensure not only that we dispatch the legislation where it is appropriate to do so, but that we monitor its impact to make sure that no injustice is caused by the clumsiness of the legislation.

I will draw my remarks to a conclusion, but the point I have sought to establish all the way through is that the Secretary of State has not given answers with the level of detail that this House ought to demand if we are to say that this scheme is legitimate in terms of protecting the wider public interest, as it rightly and properly should do, and does no injustice to people who, in reasonably good faith—some may have seen a large amount of pound coins rolling in their direction—invested in a scheme that we as a society wanted to promote: a more environmentally sound system of heating. We need to insist that we get that balance right, but I am not convinced that I can see that in the Bill, the explanatory notes or the Secretary of State’s opening remarks

I repeat what I said at the beginning: the way the House is being asked to dispatch this legislation today is incompetent and unreasonable. I hope the Secretary of State will reflect on that, because even at this stage it would be possible for the Government to take part of the legislation back and say that the capacity to scrutinise could be done very differently.

Finally, I wish to make a slightly wider point. Once again, the House is being asked to do something that the Secretary of State talked about as being limited but necessary. There are many limited but necessary schemes that she is refusing to do. In response to the hon. Member for Belfast East (Gavin Robinson), she made the point that she would be looking to legislate on providing the necessary support for housing associations in Northern Ireland. We would not want to oppose that, as it is necessary to have those housing associations working. Again, however, we come down to questions such as: who will make the decision on the medical school in the Derry and Strabane city deal; when will we see progress on Hart if we are still stalled on getting a devolved Assembly in Stormont; and what are we going to do about the important question of public sector workers, such as nurses, physiotherapists and others in the health service, who will not see the uprating in their pay that their counterparts will see in the rest of the UK? Such issues are within the Secretary of State’s capacity to address. It is difficult for us to see any longer when she will act. Yes, protecting public money and allowing public moneys to be spent by local authorities at the Northern Ireland level is important, but so are these issues. There is no clarity any more—

--- Later in debate ---

[Maria Caulfield (Lewes) (Con)]

The reason we are here is that the Assembly has not been sitting for over two years now. There are many members of the Northern Ireland Affairs Committee here this afternoon. In our public evidence session this morning, the leader of the Green party in Northern Ireland said that she thought that the Assembly would not be up and running for the rest of this year. It is therefore likely that we will be returning here in the next few months, or maybe even this time next year, with similar Bills looking at the budget, as we did yesterday, and rates. I hope that is not the case.

Many of us are putting pressure on all political parties to get back around the table and get the Assembly up and running because, as we now start to scrutinise devolved issues, we hear week in, week out, about the impact that that is having. We have heard from headteachers in Northern Ireland about issues of procurement. Even simple, basic supplies are not being procured properly and effectively, and money is being wasted on them. We have heard from the Commissioner for Children and Young People that the Salisbury review of education has meant that some funding reforms that should be taking place to enable money to be better spent in small rural schools are not happening because there is no one to take that decision. It is not just about not getting the money to spend; scrutiny of the decisions on how it is spent is not happening either. Both are equally important. The RHI is a classic example of why we need that scrutiny. The RHI was a significant factor in the fall of the Assembly in the first place. The fact that we are now making decisions on it without any real scrutiny apart from a couple of hours in this Chamber is significantly worrying given the impact that it will have on small businesses in Northern Ireland, particularly in the farming community.

I have sympathy with the Secretary of State, and I agree that we have to make a decision this afternoon, or else any subsidies will stop completely, which would be a huge disservice to the people of Northern Ireland. However, the fact that it has been left to the last minute to make this decision will have a real impact. As a member of the Northern Ireland Affairs Committee, I have been contacted by Northern Ireland businesses telling me that many of them—some have 10 biomass facilities on their farms—have gone to the banks to borrow £250,000 or £500,000 in the expectation that they would get a guaranteed subsidy over a 20-year period. In any other walk of life, someone who breached that agreement would be in court having to defend that or having to pay compensation.

It is not the fault of anyone here in this Chamber that we are in this position, but neither is it the fault of farmers or businesses who took these decisions. Many will go under if we do not address this issue. To add insult to injury, people in the rest of the United Kingdom will be getting £20,000 per biomass incinerator, whereas farmers, or whoever else has installed them, in Northern Ireland will gain only £2,000. That is a real concern. The Ulster Farmers Union has rightly raised that issue; I know that the Secretary of State has met its representatives to listen to their concerns. They point out that this is happening at a particularly difficult time for Ulster farmers with Brexit day looming.

We should not be making these decisions, and that is a great reason why we need the Assembly back up and running. The decision was made to set up the scheme, and it should be the Assembly taking responsibility when the budget has spiralled out of control and tough decisions are required. It is frustrating that, once again, people in Northern Ireland have gone to the polls and elected representatives but have no representation in Stormont. Some communities have no representation here so are completely at the mercy of politicians such as me, who have an interest in Northern Ireland but are not at the coal face, experiencing the impact of the decisions. It is down to Northern Ireland politicians to get back round the table and sort this out.

I have a few questions for the Minister to respond to when he sums up. Can the Northern Ireland Affairs Committee have ongoing scrutiny of this issue, so that we can look at how the buy-out system is working and the impact of the reduction in subsidy and take quick action if it is having a devastating impact, as some fears suggest? What happens if the Executive are restored in the meantime? We heard this morning in the Select Committee that that is unlikely to happen soon, but if it did, there would be an impact on clause 4 in particular and how the budget would be set. We cannot set in place a system today that will be overturned in, say, six months. That would be really unfair on those affected.

Can we have clarity on why there is such a difference between Northern Ireland and the rest of the United Kingdom? A number of Members have raised that, and it would be helpful to understand it. Can we have further scrutiny of how buy-out payments will be achieved? I have grave concerns that it will be based on the cost of biomass installations, but far greater costs, such as interest payments on loans, will have to be taken into consideration.

I share Members’ concerns—we should not be in this position. It is not this Government’s fault that a scheme was set up that was never going to work financially, but we have a responsibility to the people of Northern Ireland to ensure that the solution put in place is fair and does not have a detrimental effect on those who invested in all good faith.

[Sammy Wilson (East Antrim) (DUP)]

It is a pleasure to follow the hon. Member for Lewes (Maria Caulfield). I thank her for her genuine interest in Northern Ireland affairs and for contributing to the debate.

As has been pointed out, this Bill contains two totally unrelated pieces of legislation. The reasons for that have been given, although I am not convinced that this is the best way of dealing with the issues at hand. Let me deal first with rates. I accept what the Secretary of State said; it is important that people in Northern Ireland contribute through their rates to some of the public expenditure required to keep services going in Northern Ireland. But when we impose those additional charges, whether on domestic or business rates, it is important that we bear in mind two things: the ability to pay and the impact that any taxation has on either the businesses or households concerned.

I have reservations about the level of the domestic rate increase, which is above the rate of inflation—it is the rate of inflation plus 3%. That will cause difficulty for households, as some people will not qualify for housing benefit on their rates but are still in low-paid employment and want to stay in employment. That will cause difficulty, but it is nothing compared with what was originally proposed. Let us not forget that the original proposal was 10% plus inflation. I am glad that the Secretary of State did not pursue that. The party of government, like my party, believes in leaving people with as much of their money to spend as possible. People know how to spend their money better than the Government. It would have been a travesty if the Government had proposed an 11.8% increase in the rates that people pay for their home, especially given the Government’s boast time and again—one they ought to be proud of—that they are seeking to bring down the level of taxation. I am pleased that my colleagues and I had a role to play in knocking that figure down.

On the issue of business rates, this is really a 0% increase in real terms. Nevertheless, business rates in Northern Ireland are, for a number of reasons, some of the highest in the United Kingdom. The Chancellor has announced some business rates relief schemes—incidentally, we did have a Barnett consequential for that in Northern Ireland—but because of the non-functioning of the Assembly, it was not possible to revise the small business rate relief scheme in Northern Ireland. While that money was made available to the general purse, it was not translated into reductions for businesses.

In the long term, I think we need to look at the whole issue of business rates. It is of course a tax that is not related in any way to the ability of a business to pay. It does not reflect the buoyancy of the business or, indeed, the income from the business; it simply reflects the size of the premises and the rateable value of the premises that businesses happen to be occupying. For some people, that will lead to under-taxation because they could afford to pay more, but for many businesses it leads to over-taxation because their overheads go up or stay the same even though their income and their ability to pay are going down, which affects so many.

I suppose it is not just an issue for Northern Ireland, but this is one of the reasons why we have so many vacant premises on so many of our high streets. As businesses have come under pressure from online retailing and from the changes in the way consumers spend their money, they find their revenues going down, but the overhead of rates still remains the same. In the longer term, I think we need to have a review of business rates. I am pleased that at least there has not been a real-terms increase in rates for businesses, although I know many of them will struggle even with the inflationary increase in this piece of legislation.

Let me turn to the second part of the Bill on the changes to the renewable heat incentive payments. I do not think anyone can say that this scheme has been a success by any means. In fact, it has been a disgrace, and the way in which it was set up and has been abused required there to be a change. However, I must say that when it comes to subsidies for renewable heat, I do not think that some of the practices instigated through this Parliament and in this part of the United Kingdom would stand up to scrutiny any more than the renewable heat incentive stood up to scrutiny in Northern Ireland.

We have a situation at present that makes the subsidy in Northern Ireland disappear into insignificance. At Drax B power station, the subsidy has climbed from £250 million a year when the Liberal Democrat Minister introduced it to £800 million this year, and it is going to go up to £1,000 million a year, when coal could be mined two miles down the road. And what do we do? We bring in wood pellets from America. We chop down trees in America, put them in a boat, bring them to England and burn them in a power station, and we pay a subsidy of £800 million a year for it. I wonder how many houses in the south of England are having their outdoor swimming pools heated with boilers for which people get a renewable heat incentive payment. Is that a good use of public money? The renewable heat incentive has not received the same level of scrutiny in other parts of the United Kingdom as in Northern Ireland, where it was seen to be abused. However, there are big questions to be asked about the scheme, not just in Northern Ireland but in any other part of the United Kingdom.

I have several points to make about the need for review. We have been told that the legislation has to pass today instead of being given the level of scrutiny required. Many hon. Members have asked detailed, probing and important questions, but we are told that if the Bill does not pass today, no subsidy regime at all will be available at the beginning of the next financial year, and that if we continue with the existing subsidies, we will be subject to infraction proceedings from the European Union.

Why was all this brought forward at the last minute? It is not that the review of the scheme has been forced on the Department in the past three or four months; it was initiated by the last Minister for the Economy before the Assembly fell, more than two years ago. What has happened in the meantime? Why has it taken two years, with a rush to pass the legislation at the very end? The joke in Northern Ireland is that evolution works quicker than some of our Departments. However, given that the review was initiated more than two years ago, I have to ask why, at the last minute, we are suddenly being presented with a piece of legislation that raises a lot of questions, instead of being given time to carry out the proper scrutiny, in Committee and so on, that the hon. Member for Lewes and the Chair of the Northern Ireland Affairs Committee have suggested.

[Maria Caulfield]

It strikes me, as an MP who is still fairly new in this place, that the attitude is often, “It’s only Northern Ireland, so we can whizz it through in a day.” It should not be right for any Bill to pass Second Reading, Committee and Third Reading in one day without any suitable scrutiny.

[Sammy Wilson]

The hon. Lady makes her point well, as she did in her speech.

Not everyone abused the scheme. Some did, and it is right that their subsidies were cut, but many people had the scheme sold to them by the then Sinn Féin Minister of Agriculture and by the Minister in the Department for the Economy. It was sold to farmers and many other businesses as a subsidy for heating their premises because they were using the kind of energy that was in vogue with the Department, which wanted to cut down on CO₂. I am not really sure how burning wood cuts down CO₂ emissions—I am told that it puts as much CO₂ into the air as coal, and some of the pellets are imported from miles and miles away—but that was the thinking at the time.

People undertook in good faith to install the boilers. They borrowed money, expecting a certain level of return and a flow of payments. They could have put in gas boilers and got cheaper energy, but because of the hysteria against fossil fuels, it was decided to subsidise wood burning, so people installed a more expensive boiler and expected to get money in return.

We are told that the sudden and very substantial reduction in the subsidy happened because the EU said that it was required to keep us to the average 12% level. There has been some dispute, in discussions with officials, about whether the rate of return can be between 8% and 22% so long as it averages out at 12%, or whether it is a maximum of 12%. If we had had the time or a mechanism to bring forward officials we could have probed into that, but we are told it is 12%.

In England, the subsidy per boiler is about five times higher than the subsidy per boiler in Northern Ireland. The scheme in the Irish Republic pays about six times more per boiler than in Northern Ireland. The question is this: how can you pay a subsidy five times more in England and still be within EU state aid limits? You can pay a subsidy that is six times more in the Republic of Ireland and still be within EU state aid limits. In Northern Ireland, however, it has to be at the level of £2,000 per boiler to stay within the state aid limits.

The explanation given—I cannot question it as I do not have enough information—is that, “Oh, the cost of boilers and the cost of fuel is different in Northern Ireland from the cost in England”. I could believe that if we were talking about, say, a 10% difference, but we are talking about a percentage difference in the hundreds here. Why does a boiler cost substantially more in England than it does in Northern Ireland? You might argue that it is because of transport costs, but then why does it not cost more in the Irish Republic? If a boiler has to come from England or another country, it has to be transported across the sea to the Republic of Ireland. Why should fuel cost substantially more in Northern Ireland than it does across the border in the Irish Republic? There might be some explanations as to why it costs less than in England, but why should there be such a huge difference between the two jurisdictions on the one island?

There could be perfectly good explanations for that, but given that the Department for the Economy got its figures so wrong for the initial scheme, you can understand, Madam Deputy Speaker, why people in Northern Ireland are sceptical about any figures that come out of the Department. The Department did not spot that the subsidy was substantially more than the cost of fuel and got its figures so wrong that there was a massive overspend. Figures for any scheme it brings forward need to be scrutinised properly. There is no opportunity to do that, despite whatever questions we ask Ministers today. A lot of these things come out through discussion, not through a question and a quick answer back from a Minister.

Those are the kinds of issues that need to be addressed. Unfortunately, I think we will have to vote for the Bill tonight, because there really is no alternative and it would be far worse to leave people with no scheme by voting against it. However, the Chairman of the Northern Ireland Affairs Committee suggested that there ought to be a commitment to allow the Committee, even after the Bill is passed, to have the opportunity to bring officials and anyone else necessary along, so that it can question them on the figures. If those figures are shown to be wrong, the scheme has to be amended to ensure that the level of subsidy paid reflects the true costs of the scheme. That is the one assurance we have to give to those who have been badly bitten.

I welcome the intervention and the fact that there was also some discussion on the budget, albeit late in the day. I think it was only two or three weeks ago that we were first given sight of what was proposed in the budget, but because the decision had to be made internally—purely by the Northern Ireland Office and the Department of Finance—there was time to revise the enormous increase that was being proposed initially for the rates. In the case of the renewables scheme, it had to go back to Europe. Thank goodness that after 29 March, we will not have to worry about state aid rules. We can make our own decisions. That is a good thing and another reason why the House should make sure that we get out on 29 March, so that we can decide on the kind of support that we want to give industry or the lack of support—

[Maria Caulfield]

rose—

[Sammy Wilson]

I knew that that would get the hon. Lady going.

[Maria Caulfield]

May we ask the Minister if—when we leave the EU on 29 March—we could look again at the subsidy issue, given that state aid rules will no longer apply?

[Sammy Wilson]

I agree with the hon. Lady. One of the reasons why we need scrutiny of the legislation, even after it has gone through, is so that we have a chance to revise it if we see that the figures are wrong. Since people have bought the boilers and had the infrastructure installed, would it be better to find a level of subsidy that enables people to continue to use them rather than just buying them out? The fact that we have a buy-out clause in the Bill shows that the Government and Department know that there will be hardship for people, although I suspect that the terms of the buy-out will be so draconian that it will not be worthwhile people doing that.

We will be supporting the legislation, albeit reluctantly, but on the basis that there will be an opportunity for the good questions that Members across the House have asked today to be looked at in more detail.

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

Maria Caulfield Excerpts

2nd reading: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

General disappointment has been expressed that, for the third year now, expenditure in Northern Ireland is being approved through this unusual process in the House, with little or no scrutiny or knowledge of how the allocations to Departments have been decided. We do not know what arguments were made for giving 3.8%—or whatever it was—to health and 1.1% to education, while other Departments suffered an overall reduction and others’ budgets were kept static. We have had no opportunity to ask civil servants what cases were made or whether they were valid. As my hon. Friend the Member for Belfast East (Gavin Robinson) pointed out, it is not that there is no mechanism for such scrutiny; it is simply that a choice was made not to use the mechanism that is available through this House.

Of course, this should all have been done at Stormont. During the budget process, its committees ought to have brought civil servants in, asked them what bids were being made and what arguments were being employed, and then made a judgment on the merits of each case. However, we are not in that position—not because parties in Northern Ireland do not want the opportunity of scrutiny at Stormont, but simply because they have been prevented from carrying it out.

Using the terms of the arrangements for setting up a Government in Northern Ireland, Sinn Féin has been able to prevent the coalition arrangement that was forced through in the Belfast agreement from being implemented. Because including the two main parties in the Executive is a compulsory imposition rather than a voluntary arrangement, if one of those parties throws a hissy fit and decides that it does not want to be in the Executive, everybody is kept out—not just from the Executive, but from Stormont and from all the roles and responsibilities that they were elected for and would normally be entitled to carry out.

The Secretary of State quite rightly says that this process should be done at Stormont, but she knows that it cannot be done there. Like the shadow Secretary of State, I do not place the blame totally at the door of the Secretary of State. She has to operate within the rules, and the rules state that if one party decides to veto, not a great deal can be done about it. For reasons that I will explain in a moment or two, no powers of persuasion will persuade Sinn Féin to go into Stormont at this particular time; they have made that quite clear. Sinn Féin have thrown up every barrier. Whatever magic wand the Secretary of State might wave, she is not going to persuade them otherwise. However, there is one way in which she could put pressure on them, which is by making it quite clear to them that, through their inaction, the very thing that they do not want to happen—that is, rule by London—will happen, unless they are prepared to accept their responsibilities in Northern Ireland.

We find it difficult to understand why there has not been a willingness to take Sinn Féin on in that way, but I suspect that it is because of the advice given by the Northern Ireland Office, known colloquially among Unionists in Northern Ireland as the nest of vipers. The position of the Northern Ireland Office seems to be, “Don’t annoy Sinn Féin and don’t annoy the Irish Government.” I suspect that a large part of the reason why we have not moved to greater scrutiny and greater decision making by Ministers here is the advice of the Northern Ireland Office: “Don’t rock the boat.” But if we don’t rock the boat, we are going to stay on the path that we are on at present, which does not provide scrutiny of the most important issue for politicians—the expenditure of resources for the benefit of the community.

Not only do we not have scrutiny of the overall budget allocation, we do not even have scrutiny of the efficiency of current spending. Looking through the various headings for expenditure last year, or through the proposed 70% expenditure for next year, we can see many areas where there is great concern about the way in which money is spent. I will pick out just a few. Take, for example, the Department for the Economy. We have been trying to increase connectivity in Northern Ireland, yet despite all the evidence that supporting access to air services to other parts of the world helps economic growth, we have found an unwillingness to spend money in that area. One of the reasons that the Department has given is, “We don’t have any direction from a Minister. It’s not a decision that the civil service can make.” My hon. Friend the Member for South Antrim (Paul Girvan) has lobbied hard on this issue because Belfast international airport is in his constituency and there could be huge opportunities there.

Petroleum licensing is another example. There are huge opportunities in Northern Ireland but we cannot even get consultation on licences that could create hundreds of jobs in mining and oil exploration in rural areas in the west of the Province, where high-paid jobs are hard to come by. Money for broadband has been reprofiled because, despite the fact that £150 million was made available, decisions have not been made about spending that money. Hopefully, with the start of the money that has been allocated this year, we will find that the programme will be accelerated over the next number of years.

We allocate money to Tourism Ireland, and many people query whether that money is used effectively. When people travel into Belfast international airport, what hits them in the face when they come off the plane? An advert to send tourists who arrive at that airport down to Dublin—and our money pays for it. Yet there is no scrutiny of whether that is an effective way of spending public money to promote Northern Ireland.

I could go on with lots of other examples, but that is the kind of vacuum we are left with because of the lack of scrutiny not just of the general allocations of money across Departments but of the specific allocations within Departments.

[Maria Caulfield (Lewes) (Con)]

As members of the Northern Ireland Affairs Committee, we hear at first hand, nearly every week now, about how the lack of an Assembly and an Executive is affecting ordinary people, whether it is money not being spent on healthcare, schools where parents are having to bring in toilet rolls, or the Police of Service of Northern Ireland not knowing whether it can pay its staff at the end of the month. This is impacting the real lives of real people.

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.

Northern Ireland: Recent Violence

Maria Caulfield Excerpts

Wednesday 18th July 2018 Commons Chamber

[Karen Bradley]

I thank the hon. Gentleman for his comments and for joining in the condemnation of the activity that we have seen. It is incredibly important to hear that united voice from this House, sending support and a message to those people in Northern Ireland who are standing up against violence.

I wish to correct the hon. Gentleman. He suggested that I had not visited any of the affected areas, but I was in east Belfast and Newtownards on Thursday, the site of some of the violence, and I intend to be in Derry/Londonderry in the near future. It is also worth saying that, as well as Simon Coveney, Arlene Foster visited the Fountain estate in Londonderry over the weekend, again to show her solidarity with the community. He is right that the answer is to have devolved government in Stormont and to have those politicians, who are speaking with one voice—I pay tribute to them for that—not just speaking with one voice but acting with one voice.

[Maria Caulfield (Lewes) (Con)]

I join my right hon. Friend in expressing deep admiration for the PSNI. Given that there is no functioning Assembly in Northern Ireland, will she identify what resources and extra support are going in to help support the PSNI and community groups, so that they can deal with any escalation in violence?

[Karen Bradley]

My hon. Friend is right to reflect on the fact that great credit needs to be paid to the PSNI. She asks about additional resources. In my comments I mentioned that the 2015 Fresh Start agreement provided £25 million of additional funding from the UK Government to help to tackle the scourge of paramilitary violence, and we have also put in £230 million in the 2010 Parliament and £160 million over the current spending review period.

Offences Against the Person Act 1861

Maria Caulfield Excerpts

Tuesday 5th June 2018 Commons Chamber

[Maria Caulfield (Lewes) (Con)]

This is a hugely sensitive issue. Fundamentally, this debate should be about women’s choice on abortion in Northern Ireland. That is why I find it incredible that the one thing the hon. Member for Walthamstow (Stella Creasy) does not ask for is for women in Northern Ireland to have a vote and a say on whether they actually want abortion in Northern Ireland. Yet in her interviews on Sunday, when talking about Brexit, it was clear that she is campaigning for a second referendum—a people’s vote—on whether Brexit should actually happen. Surely it is more key to fight for a referendum on abortion for women in Northern Ireland than for a second referendum on Brexit.

What that shows, as we have heard from several speakers, is that this issue is actually a Trojan horse for what is really wanted—the removal of sections 58 and 59 of the Offences Against the Person Act 1861 would introduce abortion on demand, for any reason, up to 24 weeks. Crucially, that is what this debate is really about, and it is disrespectful to women in Northern Ireland to pretend it is about anything else. That is especially the case in the centenary year of suffrage, because while we celebrate 100 years of women getting the vote, it is only 50 years since the Catholic nationalist community in Northern Ireland got the vote. They had to have a civil rights movement and go through the years of the troubles to have their voice heard, yet in this debate we are actively saying that they cannot have a debate or a say on whether abortion is extended in Northern Ireland. [Interruption.]

The hon. Lady may laugh, but what do the Catholic nationalist community in Northern Ireland get now? They get no representation in this place, despite having a vote, because their elected representatives fail to show up. They get no representation in Stormont on this issue, because their elected representatives have failed to get around the table. Now we are saying to them that they will get no representation on abortion law changes, because we do not want them to have a referendum. We are saying to them that the women in Westminster know best. That is not only insulting, it is undemocratic and flies in the face of women’s rights and women’s choices.

I am very happy to have a debate in this place on all aspects of abortion, but if we are truly serious about having modern abortion laws, let us look at the time limit set in the UK. We have seen following the recent referendum there that the Republic of Ireland will just set its time limit at 12 weeks, as is the case in Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Poland and Slovakia. In the Netherlands it is 13 weeks, in Portugal 16 weeks and in Romania 14 weeks. In a ComRes poll, 70% of women in the United Kingdom said they would like the time limit reduced. If we are going to have a modern-day abortion law, let us have an honest and genuine discussion, and let us not hide behind the pretence that this is about rights for women in Northern Ireland. If women want to change the situation, we should be promoting the idea that they should have the say.

If we are going to have a debate on abortion in the United Kingdom, we need to discuss explicitly banning sex-selective abortions, which proactively discriminate against female babies. We need to equalise the time limits for terminations between those with a disability and those who are able-bodied, and we need a debate about independent counselling. This is about women’s choice and women’s rights—but let us hear about the whole debate, rather than just selective messages from Labour Members.

Northern Ireland Budget (Anticipation and Adjustments) Bill

Maria Caulfield Excerpts

2nd reading: House of Commons & 3rd reading: House of Commons
Tuesday 20th March 2018 Commons Chamber

[Maria Caulfield (Lewes) (Con)]

May I start with an observation? It is interesting that when we talk in this place about Northern Ireland and Brexit, the Benches are absolutely heaving, but when we talk about the budget for Northern Ireland, which is having a real impact on the day-to-day lives of the people of Northern Ireland right now, the Benches are much less full.

I welcome the Bill. I have served on the Northern Ireland Affairs Committee, and I have heard at first hand from some of the witnesses who have attended how difficult life has been for the people of Northern Ireland without a budget in place. We have heard from the Chief Constable of the Police Service of Northern Ireland about how life is difficult in the public sector even in ordinary times, but when working to a budget that has not been set, it is almost impossible. He explained how for days, weeks and months he did not even know whether he had the money to pay his officers, which is just an unacceptable position to be in.

The Committee has also heard from members of the business community in Northern Ireland about the difficulties that not having an Assembly, an Executive or a budget was giving them. They gave the good example of the apprenticeship levy. Businesses are paying into it, but because no budget is in place, they have no access to the funds. Apprenticeships in Northern Ireland are hugely at risk, and this in a part of the United Kingdom where apprenticeships are needed for all communities more than ever. Because of the lack of a budget, businesses are finding that the apprenticeship levy is forming a type of additional taxation.

I have met charities in Northern Ireland—I am particularly thinking of Addiction NI, which works with people trying to combat alcohol and drug addiction—and I know that not having a budget in place is having a huge impact on their ability not so much to provide an immediate service, as to plan for the long term. These are difficult times for charities, and not knowing where the next penny is coming from or what direction a Northern Ireland Government will be going in makes it almost impossible.

Then we have the Belfast city deal, which was announced in the UK Budget late last year, but which, as far as I know, is going absolutely nowhere. This city deal is an opportunity for Belfast to build on its infrastructure and create jobs.

[Sir Jeffrey M. Donaldson]

May I assure the hon. Lady that the Belfast city region deal is going forward? It is being led by a consortium of local councils—Belfast City Council, Lisburn and Castlereagh Council, Antrim and Newtownabbey Council, and some others—

[Sir Jeffrey M. Donaldson]

And, of course, Mid and East Antrim. The absence of a devolved Government is therefore in no way inhibiting progress on the city deal, which is directly between central Government and local government in Northern Ireland.

[Maria Caulfield]

I am extremely pleased to hear that, because the city deal is a huge opportunity for Belfast and, if it works well, could be a huge opportunity for other parts of Northern Ireland in future.

Not having a budget set for this financial year has a huge impact, but I am greatly concerned that we do not have a budget for the next financial year, because we have heard time and time again how difficult things have been for the charities sector, public services and businesses. This constant uncertainty, a bit like the uncertainty around Brexit, is just not feasible for the long term.

[Ian Paisley]

I appreciate the hon. Lady’s point, and of course I agree with it, but we should not be totally pessimistic. Unemployment is the lowest it has ever been in Northern Ireland, at 3.9%. Exports are up and we have had drives to promote the economy in other areas, and we are not the only region of the world that from time to time does not have a stable Government. Indeed, Germany did not have a Government for several months earlier this year.

[Maria Caulfield]

The hon. Gentleman makes a valid point, although I have heard him say himself that we want some certainty and a direction of travel, because this is not just about setting the budget. This is about scrutinising how that money will be spent. The civil servants in Northern Ireland are doing a fantastic job—we have all put on record today our thanks for their dedication and hard work—but we need political decisions about how that money is allocated and political scrutiny of how it is spent.

I therefore agree with my hon. Friend the Member for South West Wiltshire (Dr Murrison) that there is a sense that Northern Ireland is treading water or standing still. That reduction in unemployment and creation of jobs, and the great place that Northern Ireland is, is down to the hard work of people in the councils—the elected members at council level—who are continuing despite there not being an Assembly or Executive, and the civil servants, yet so much more could be achieved if there was an Executive in place.

I have three asks of Ministers. I do not want to be a pessimist—I hope I do not sound too pessimistic—but I honestly do not think there is a realistic possibility of the Assembly being reformed in just the next few months. As this is budget-setting time for most authorities across the United Kingdom, serious consideration needs to be given to the impact of not having a long-term budget for the next financial year. My first ask is: if there are Members who will not get back round the table and restore the Assembly, could an Assembly be restored with those who are willing to do that? As is the case in this place, if MLAs choose not to get round the table, that is a personal decision for them.

Secondly, is there a possibility of setting a budget for the next financial year, not just the first few months, so that public sector bodies such as the PSNI, charities such as Addiction NI and communities that desperately need to know the direction of travel for their funding can have some certainty? As the hon. Member for Edinburgh North and Leith (Deidre Brock) said, that budget could be set and abandoned if an Assembly came back into being. My third ask is: could the Northern Ireland Affairs Committee be given some task-and-finish authority to scrutinise current spending? Without any scrutiny whatever, are we really sure that the money is being spent in the best interests of the people of Northern Ireland?

I welcome this much-needed Bill, but there is still a huge amount of work to do. I want to put on record my congratulations and thanks to the Secretary of State for Northern Ireland, who is doing so much to try to make progress happen. These are difficult circumstances. None of us wants to be passing this Bill, which is a necessity, but there is still so much more work to be done.

Northern Ireland Finances

Maria Caulfield Excerpts

Monday 12th March 2018 Commons Chamber

[Karen Bradley]

I thank the right hon. Gentleman for his good wishes and for his comments. I thank the DUP for the role that it played, along with all the other parties, in working with the Government to deliver the budget and ensure that we were able to reflect the priorities of the parties of Northern Ireland.

The right hon. Gentleman is right that the confidence and supply arrangement money that we have released will absolutely be spent on a cross-community basis, for all communities, and for all parts of Northern Ireland, dealing with issues that have perhaps been underfunded in the past or, particularly in the case of infrastructure arrangements, very much need funding today. I thank him for his kind words.

[Maria Caulfield (Lewes) (Con)]

I welcome the review by the Secretary of State of pay for Members of the Legislative Assembly. On a separate matter, does she think it is unsustainable for hon. Members who do not take their seats in Parliament to continue to receive representative money for political campaigning?

[Karen Bradley]

Clearly, the matter to which my hon. Friend refers is a matter for the House, and I know that there are hon. Members who are well versed in the procedures needed for such matters. The issue of MLA pay is something I need to look at as a result of the review by Trevor Reaney, and I would welcome representations from all about that matter.

Northern Ireland Budget Bill

Maria Caulfield Excerpts

2nd reading: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 13th November 2017 Commons Chamber

[Maria Caulfield (Lewes) (Con)]

The Northern Ireland Affairs Committee heard a couple of weeks ago from the Chief Constable about how difficult it is to budget from month to month. Given that we are entering the new budget-setting process for the next year, does my hon. Friend not agree that we should look at setting the budget for the next financial year as well as for this one?

[Dr Murrison]

I certainly share the concern about long-term planning. In general, we do such planning through the normal budget system, but it is not clear to me how that is going to be achieved for the financial year 2018-19. I suspect our right hon. Friend the Secretary of State will be considering how that can best be achieved in short order, since we have only a matter of weeks in which to determine the budget for Northern Ireland, as for the rest of the United Kingdom, for future years.

My hon. Friend is absolutely right to refer to our evidence session with the Chief Constable of the Police Service of Northern Ireland, when he expressed his concern not just about finance, but about general accountability. Given that the Northern Ireland Policing Board has not been properly constituted, because of the impasse at Stormont, he is very concerned, as she will recall, about the democratic deficit and what that implies for accountability.

On testing the methodology on which the estimates are based, for me the most important thing to do is to look at the biggest spending Department. The biggest spending Department and the one with the second largest cash departmental expenditure limit is of course the Department of Health. Until the end of last year, the Minister in charge of the Department was Michelle O’Neill. She said last October, in response to Professor Bengoa’s health sector reform plan, that it was

“a foundation for my vision”—

we could not hope for a clearer statement of ministerial intent—and formed the basis of her 10-year vision.

It is not clear to me where and how that vision is captured in the budget presented, but we know that David Sterling has relied on what he understood to be the ministerial intent up to the point at which the Executive collapsed. It would be useful to know in greater detail how the purposes listed under the Department of Health in schedule 1 are being addressed with Bengoa’s plans in mind, given that they have been endorsed by the last Minister of Health in Northern Ireland. As it happens, those purposes are remarkably broad, but it is one of the smallest paragraphs in the schedule, which is somewhat strange given the extent of the health budget in Northern Ireland.

--- Later in debate ---

[Dr Murrison]

Yes. I share the concerns of many about Northern Ireland’s voice at this time. Northern Ireland is at the forefront of what will happen to this country after we leave the European Union, for better or for worse—in my opinion, for better, but I am prepared to admit that there are risks and opportunities in the process. It is vital that Northern Ireland, of all the constituent parts of the United Kingdom, has its voice heard, loud and clear. It is a dereliction of duty by the institutions and political parties in Northern Ireland that that is not happening. It seems to me a betrayal of the interests of the people of Northern Ireland.

I mentioned Michelle O’Neill in my remarks about the Bengoa report and her stewardship of the Department of Health in Northern Ireland. It is a sad state of affairs that she appears to be willing the ends in her 10-year vision for healthcare in Northern Ireland without willing the means. Hon. Members have made the point today that things like health and education really worry people in Northern Ireland—it is exactly the same for all our constituents—yet we seem prepared to put other things before those extraordinarily important services. I do not think that that represents the needs and aspirations of people at all well. I hope that those parties that are not prepared to come to the table to discuss those matters sufficiently to restore the Executive reflect on that.

I suspect that my right hon. Friend the Secretary of State shares my fears that, the budget process having been achieved, nothing much will happen. There is an impasse at Stormont and I see no immediate prospect of the restoration of the Executive. We therefore need to start considering what we now do to ensure that the important objectives, such as for health and education, that we have discussed this afternoon, and the apportionment of funds this year, let alone next financial year, are achieved. To do that, it seems to me that we need to look at historical precedent. The Northern Ireland Act 1974 gave special powers to the Northern Ireland Grand Committee, which could scrutinise and comment on draft Orders in Council.

I suspect that the Secretary of State is giving some thought to measures that can be taken to ensure some input from people in Northern Ireland—those elected to represent views in Northern Ireland from civic society and so on. That will become urgent as we tip into the new year and start to consider the financial year 2018-19. It would be useful to hear from the Secretary of State what measures will be taken to consult Northern Ireland generally, and particularly elected representatives, to ensure that that voice is heard.

Accountability is a difficult concept with which to grapple. We are accountable to our constituents. Ministers are not accountable for much of the grey area that we have been discussing today. Sadly, that is falling between the cracks. However, we need to make as best a stab at it as we can before the Executive are restored. To do that, we need to look at institutions in Northern Ireland and try to work out how they can best give voice to public opinion and at least keep the flame of accountability alive in the Province.

[Maria Caulfield]

Does my hon. Friend not think it is particularly important that the voice of the nationalist community is heard, given that they do not have representation in this place or in the Assembly? Theirs is a voice unheard in terms of electoral representation.

[Dr Murrison]

Yes, I really do. Although it is of course Sinn Féin’s choice not to take its seats here—one that, as a democrat, I regret. Nevertheless, we need to ensure that both communities are heard. The Assembly may be one way of doing that and it would at least give MLAs something to do.

The last time we discussed this matter, on 2 November, the hon. Member for Pontypridd was very keen for MLAs to continue to draw their pay and rations. I do not agree with that and the bulk of people in Northern Ireland do not agree with it either, but I welcome today’s announcement that Mr Trevor Reaney will be appointed to discuss the matter further with interested parties. He will come up with recommendations on how MLAs should be paid, given that this could go on for a considerable time. We try to restore faith in politics in Northern Ireland, as we do in the rest of the United Kingdom, and it is very difficult to see how that process is enhanced or advanced in the event that we are paying individuals largely for sitting at home. I accept that many of them will be working hard to try to represent and help their constituents as well as they possibly can; nevertheless, their primary role is to attend Stormont and represent those views there, and that is just not happening.

--- Later in debate ---

[Mr Owen Paterson (North Shropshire) (Con)]

It is a pleasure to follow the right hon. Member for Belfast North (Nigel Dodds). I endorse his comments, as well as those of the shadow Secretary of State, the hon. Member for Pontypridd (Owen Smith), and the Secretary of State, about the shocking events that occurred at the weekend. There is absolutely no place in Northern Ireland for pipe bombs. Following all the work and all the struggles of all the political parties in recent years to establish these arrangements, there is every possible means to express political opinion and no place for such behaviour, and I am delighted to note that the House condemns it wholeheartedly.

I became Secretary of State after the long process that preceded the Belfast agreement. Policing and justice had just been devolved, and incredibly difficult decisions had been made by John Major, followed by those of Tony Blair. We really, really tried to make the system work. I saw a need to balance the political arrangements with help for the economy through the devolution of corporation tax. We had the complete support of all the political parties and the business community, but corporation tax has still not been devolved. We have done our bit in the House—we have given the Assembly and the Executive the power to do that—but, tragically for all those businesses in Northern Ireland and all the people working in them, it has not been delivered.

I am as disappointed as anyone in the Chamber that we are having to pass a Bill that will directly deliver money to keep things going in Northern Ireland. I entirely endorse what my right hon. Friend the Secretary of State has done; I think that his patience in recent months has been extraordinary, and I fully understand why he intends to continue to do his best to persuade the local parties to agree. Sadly, however, we have reached this point. The Bill is technical and I hope that it will be passed shortly without amendment, although I know that other Members intend to speak.

My right hon. Friend made a key point in his speech. He said that his real concern was for good governance in Northern Ireland. What worries me is that it is simply not fair for the civil service in Northern Ireland to have to run the place without political decision-making. The hon. Member for North Antrim (Ian Paisley) mentioned that in an intervention. Who is responsible? To whom will the permanent secretary be accountable? Sadly, this arrangement can be only for the short term. We hope that the Secretary of State pulls it off and gets the institutions up and running. He has spoken of a “glide path”, and I think that he will have to deal with the problem of the declining public services in Northern Ireland.

Let me rattle off a few facts. This has nothing to do with money. Northern Ireland receives £14,018 per head, while England, where our constituents are, receives £11,579. That means that, in Northern Ireland, the state has £2,721 more to spend per head. Several Members have mentioned health and education; let me briefly deal with those.

Last month, the BBC conducted a major health study. When it comes to healthcare, Northern Ireland is the worst-performing region. In some specialisms such as orthopaedics, waiting lists for treatment now exceed three years. Patients suffering chronic pain can wait up to two years to be seen by a specialist, and cancer care targets have never been met. In 2015, the target for the health service was to complete 70% of routine procedures in three months; it did not meet that target. The response was to lower the target to 50%, and the health service failed to meet that as well.

In many critical areas, performance continues to get worse rather than better. In the Belfast Trust, which is not necessarily the worst-performing trust, 29,500 people are waiting more than 12 months for an out-patient appointment—the target is zero—and 25% of patients wait for a year to see a specialist, while in England and Wales the figure is 2%. Clinicians are voting with their feet. Doctors are refusing to work in some small A&E departments: they believe that they are unsafe to operate, because they do not have access to the full range of services and specialisms.

There is a way out. One thing that Northern Ireland is very good at is generating reports recommending reform. My hon. Friend the Member for South West Wiltshire (Dr Murrison) mentioned Professor Bengoa’s report, which recommended a complete restructuring of the health service. It was supported by clinicians and by the Sinn Féin Minister, but, of course, it has gone nowhere. Reform requires decisions. It needs leadership, and the political will to design and implement a healthcare system that can work and deliver for all the people. However, that inevitably means challenging local political interests, and the necessary political courage has simply not been there.

This partly comes down to the duplication of services. As Secretary of State for Northern Ireland, I was a strong supporter of Shared Future, especially in the context of education. Education is critical to the future of the whole of Northern Ireland, but the sectarian division in education is a terrible waste—not just of human talent, but of money. There are two teacher training colleges. A proposal to rationalise them met with furious opposition, and was abandoned. The education boards were abolished and replaced by a new unitary education authority, but there is still waste. The authority now absorbs about 30% of the education budget. Some of that is spent on transport, but it shows that this terrible duplication is costly.

In 2015, the Council for Catholic Maintained Schools proposed the closure of St Mary’s High School in Brollagh, County Fermanagh. It had just 121 pupils, which was far below the 500 that it needed to be viable. What happened? Against his own Department’s advice, the Sinn Féin Minister refused to close it. The roll has now fallen to below 90, and it will finally close in 2018. This fiasco has cost between £550,000 and £700,000 a year to keep it open. So if we are going to get a shared future, we should seriously consider the benefits of direct rule. Direct rule Ministers could take difficult decisions. We could end this ludicrous duplication, this ludicrous cost and this ludicrous waste in the delivery of public services.

I go to Northern Ireland quite regularly privately. Time and again in recent visits people have come up to me and said, “When are we going to get direct rule?” I know that no Front Bencher wants this, the devolved parties do not want it, and nobody in this House wants it, but we must now face up to the requirement to balance the problems of failing public services because of lack of political direction and the need to recognise the achievements of the process and to keep the political institutions going. That is a very difficult balance to judge at present, but when we hear the figures I have cited—I have plenty more, which I could have read out if I had the time—we recognise that we are letting down the hard-working people of Northern Ireland if we expect them to put up with failing public services, despite very high levels of public expenditure, because there is simply not the political decision-making process.

[Maria Caulfield]

Will my right hon. Friend give way?

[Mr Paterson]

No, as others want to speak.

It is simply not fair on the civil service to expect it to deliver this. So, without any great enthusiasm, I will be voting for the Bill tonight. I wish the budget had gone out to the local Members and there had been institutions spending this money months ago, but I wholeheartedly support what the Secretary of State has done, and I wholeheartedly sympathise with the difficult position he has been in. However, I ask him to think about the balance between what is happening on the ground, and what services the people of Northern Ireland are actually getting, and whether this stasis at the moment is really delivering for them.

Perhaps the Secretary of State should now begin to get his slow glide in order, to begin to think about direct rule Ministers. I agree with Opposition Front Benchers that once we get going on that it might be very difficult to get out, but I ask us all to think of that balance. We owe it to those hard-working people in Northern Ireland that they should get proper decisions made with public money.

Tonight, I will support the Bill, but I ask the Secretary of State to think about what happens over the next few weeks.

Criminal Law (Northern Ireland)

Maria Caulfield Excerpts

Wednesday 5th July 2017 Commons Chamber

[Chloe Smith]

I am happy to do that, so I shall pause my speech and provide exactly those figures. In the 2017 calendar year, which is obviously still running, four certificates have been issued so far, and 19 were issued in the 2016 calendar year. In 2016, one request to issue a certificate was refused. I shall give the proportion as well, because it is illustrative for the House: in 2017, just 0.5% of Crown court cases have been dealt with by means of a non-jury trial under the Justice and Security (Northern Ireland) Act 2007 —that is a percentage of all disposals. That makes it clear to the House how infrequently the provisions are used. The figure for refusals gives a sense of how carefully the DPP makes the decisions: it is not about rushed decision making; due care and attention are applied.

Before that intervention, Madam Deputy Speaker, I was speaking about the responses to the consultation; I hope you do not mind my taking the time to put this on record for those who have an interest. The Secretary of State has received relevant briefing from security officials so that he can understand the underlying threat picture. In the light of all the evidence and views before him, the Secretary of State has decided to renew non-jury trial provisions for a further two years and to keep them under regular independent review—those are the proposals I have brought before the House. As an extra and new measure of assurance, the independent reviewer of the 2007 Act will review the non-jury trial system as part of his annual review cycle, the results of which will be made available to the public in his published report. We hope that that gives some extra reassurance to those interested in these issues.

We must recognise that Northern Ireland is in a unique situation and that the non-jury trial provisions in the 2007 Act continue to be an important factor in supporting the effective delivery of the criminal justice process in a very small number of criminal cases. Certain jury trials in Northern Ireland would not be safe from disruption by those involved in paramilitary activity, many of whom make their presence known in Northern Ireland’s close-knit communities or indeed in the public galleries of the courtrooms.

[Maria Caulfield (Lewes) (Con)]

Given that some paramilitary organisations are also involved in organised crime, is the Minister confident that jurors in other trials are not being intimidated by those organisations?

[Chloe Smith]

That reminds us of the importance of the four conditions that apply here. If there were some link with those four conditions, any trial may be considered under these processes. The DPP must be satisfied that one of the four conditions is met, and that justice may be put at risk by the holding of a jury trial. My hon. Friend can rest assured that the provisions are available for all types of criminal cases as long as they meet the conditions.

In 2016 and 2017, a very small number of certificates were issued. I would just like to add that the DPP acts with a great measure of independence. His role is to exercise his discretion in deciding whether to issue a certificate. I note that the current DPP is due to retire this year, and he will have exercised these duties and many others in great service to this country over the years.

As I have said, the numbers of certificates are very small compared with the total burden of Crown court cases. I hope that hon. Members are reassured by the fact that the Secretary of State has not taken lightly this decision to seek to renew the non-jury trial system. We strongly believe, however, that the system is, on balance, proportionate and necessary in light of the unique risks facing the criminal justice process in Northern Ireland.