Northern Ireland (Executive Formation etc) Act 2019 Section 6

Debate between Maria Caulfield and Nick Hurd

Monday 30th September 2019 Commons Chamber

[Mr Hurd]

We are 100% genuine in our commitment to deliver on the moral and legal obligation to come forward with those regulations. Our intention at the moment is to come forward with regulations but to do so through a process that genuinely engages stakeholders and gives people the opportunity to express their view on the fairness and practicality of what is being proposed. But I hear what the hon. Lady says, and I am more than happy to follow up with her personally if she is interested.

[Maria Caulfield (Lewes) (Con)]

I echo the call for this to be done through primary legislation. I think the nervousness on both sides of the House is about the definition of a victim, because there are victims out there who will refuse to take any compensation if they feel that terrorists will benefit from this. Given the lack of clarity from the Victims’ Commissioner, it is incumbent on us to ensure that the definition is watertight in legislation.

[Mr Hurd]

I understand the point made by both the hon. Member for Belfast South (Emma Little Pengelly) and my hon. Friend, and I have a feeling—new as I am to this post—about the underlying sensitivity of this issue. I will come on to the definition of victims, which I know is an extremely controversial issue but one which we see as being distinct from eligibility for payments under the scheme that we are working through.

As set out in the update report, to meet this commitment we have been undertaking work to develop the detailed arrangements for the scheme, with factual input from the Northern Ireland civil service. As the House would expect, that has included consideration of other relevant schemes, detailed design work, discussion with certain key stakeholders and making plans for future engagement, and preparing detailed advice on the proposed architecture of the scheme: its purpose and principles, levels and methods of payments, eligibility—critically—and other technical considerations, the assessment process and wider support arrangements for scheme applicants.

During the passage of the 2019 Act through Parliament, Ministers were clear that “through no fault of their own” would be the guiding principle as we develop the regulations required by the Act. The current Administration and I share that conviction, and I have heard the Prime Minister express it from the Dispatch Box. We must ensure that the scheme gets to those who need it most, but not at the expense of paying a pension to terrorists injured by their own hand. We are clear that any legal duty imposed by the Victims and Survivors (Northern Ireland) Order 2006 relates to the appointment and functions of the Commissioner for Victims and Survivors for Northern Ireland, and not to wider issues such as the provision of a victims’ payment scheme. It is our view that any change to that definition—a hotly contested matter—is a matter for the Northern Ireland parties, and we believe that it is a separate discussion from those about regular payments to victims. We do intend to deliver on our obligations within the Northern Ireland (Executive Formation etc) Act 2019, and we do propose to engage widely on the details of this scheme ahead of the date by which the regulations must be made. The views received on our proposed approach will help to inform final decisions on how that scheme will be implemented.

In conclusion, more than 20 years on from the Belfast/Good Friday agreement, while Northern Ireland is clearly a different place in many positive ways, the legacy of the troubles—as many in this House know much better than I ever will—casts a long shadow over many aspects of life in the here and now. We must never forget that over 40,000 people were injured during a 30-year period, and those still living carry a significant burden. We know in this House that it is difficult to move on and secure a better future for Northern Ireland without dealing with the past. The Stormont House agreement provides a framework for doing so, with much detail that needs to be worked through and discussed further, but surely we should not let those discussions hold up or divert a pragmatic determination across all parties to deliver, at pace, a fair victims’ payments scheme that those most seriously affected by the troubles need and deserve, and this Government are committed to work with all parties and stakeholders to deliver just that.