Business of the House

Debate between Mark Durkan and David Lidington

Tuesday 18th April 2017 Commons Chamber

[Mr Lidington]

There is no statutory provision for the cancellation of a by-election when a general election is in progress. It is up to the judgment of the acting returning officer, whom one might expect to regard the by-election writ as having been superseded. That was the course of action taken by the acting returning officer in the one precedent that I have found, which dates back to November 1923.

[Mark Durkan (Foyle) (SDLP)]

Will the Leader of the House tells us whether the Prime Minister took soundings from the Secretary of State for Northern Ireland as to the impact of this announcement on the ongoing inter-party talks, and does the Secretary of State for Northern Ireland still intend to bring legislation through this House and the House of Lords in the wash-up in respect of rates and topping up the mandate for the current Assembly to appoint an Executive?

[Mr Lidington]

My right hon. Friend the Northern Ireland Secretary is of course considering what difference, if any, should be made to his announced plans as a result of the Prime Minister’s announcement this morning. I will try to provide the hon. Gentleman with absolute clarity as soon as possible, but my expectation is that there will continue to be a need for such legislation.

Business of the House

Debate between Mark Durkan and David Lidington

Thursday 30th March 2017 Commons Chamber

[Mr Lidington]

I can promise the hon. Lady that there will be numerous opportunities, particularly in the forthcoming parliamentary Session, to debate every aspect of our departure from the European Union.

[Mark Durkan (Foyle) (SDLP)]

If the cross-party talks in Northern Ireland are to inform the legislation that the Secretary of State for Northern Ireland introduces in late April, will the Leader of the House assure us that business constraints in this House will not be used as an excuse for saying that that legislation and those talks should not address serious issues such as how the First and Deputy First Ministers are jointly elected and the petitions of concern?

[Mr Lidington]

As the hon. Gentleman knows, my right hon. Friend the Secretary of State said in his statement earlier this week that he might need to bring forward legislation, not least to address the possibility of there not being funding for essential public services in Northern Ireland. It would be wrong for me to speculate about the exact nature of legislation that might conceivably be brought forward. We still hope that that proves not to be necessary, and the Secretary of State continues to work tirelessly with the political parties to try to secure the restoration of devolved government.

Business of the House

Debate between Mark Durkan and David Lidington

Thursday 9th March 2017 Commons Chamber

[Mr Lidington]

My hon. Friend nods—that is an even better sign. Perhaps another year he will join my hon. Friends the Members for Weaver Vale (Graham Evans) and for Crewe and Nantwich (Edward Timpson), who will take part in this year’s London marathon. We wish them well.

[Mark Durkan (Foyle) (SDLP)]

Will the Leader of the House tell us about the role and locus of his office in the preparation and passage of the great repeal Bill? Given that that office steered English votes for English laws, what assurance can he give us that that Bill will not be a vehicle for English votes over devolved competences?

[Mr Lidington]

My office will be involved, and I will be involved in the Cabinet Committee that reviews that legislation before its introduction in the same way as we review all legislation. I assure the hon. Gentleman that the impact of the whole Brexit process on devolved competences is one of the key issues we are considering. Many EU-level competences cut across devolved matters, although they also include some reserved matters—fisheries is one example—so we will continue to engage very closely with all three devolved Administrations to ensure that we get the right outcome and that there is no question at any stage of taking away powers that have been devolved under the three devolution Acts.

Business of the House

Debate between Mark Durkan and David Lidington

Thursday 9th February 2017 Commons Chamber

[Mr Lidington]

The hon. Gentleman may want to seek an Adjournment debate, but the EHRC rightly operates at arm’s length from Ministers and has to make its own decisions about how to live within its means, just like every other public authority,

[Mark Durkan (Foyle) (SDLP)]

May we have a debate in Government time to allow the House to reflect on the full import of what the Supreme Court said about the Sewel convention, so that important questions about its future application and adherence to it are not just left to contend with the other frictions and fictions of the great repeal Bill?

[Mr Lidington]

There will be questions to the Secretary of State for Scotland on Wednesday 1 March, at which there will be opportunities for that matter to be raised. I am absolutely certain that there will be ample opportunity for all such questions to be debated when we get to the EU repeal Bill after the Queen’s Speech.

Business of the House

Debate between Mark Durkan and David Lidington

Thursday 19th January 2017 Commons Chamber

[Mr Lidington]

I accept that we have confirmed a settlement for local councils that is flat in cash terms, but we have also delivered what local authorities were asking for in certainty over a four-year funding period. We are planning legislation, which will be before Parliament soon, that will enable local government to keep all the business rates that it collects by the end of the Parliament. We have provided the power for local councils to levy a social care precept to help them with the challenges that they undoubtedly face in dealing with social care.

[Mark Durkan (Foyle) (SDLP)]

The terms of your earlier statement, Mr Speaker, mean that “happy birthday” is not a mere wish but an observation of fact. In passing, may I mention yesterday’s landmark 80th birthday of landmark statesman, John Hume, the pathfinder for our peace process?

Will the Leader of the House talk to Northern Ireland Office and Treasury Ministers to clarify that there is legitimate locus for the House, its Ministers and Committees in the renewable heat incentive debacle in Northern Ireland? There is no basis for pretending that the dimensions of abuse in the uptake of that scheme are confined to devolved expenditure and do not involve the annually managed expenditure from the Treasury. There is also a question about a period when the regulations for the scheme had run out, spending continued and it was not covered by the Northern Ireland budget. Did Treasury funding cover it in the period when there was no regulatory basis for that spending?

[Mr Lidington]

First, I join the hon. Gentleman in sending belated birthday wishes to John Hume. We all salute the heroic role that he played in helping to start and drive through the peace process in Northern Ireland.

On the renewable heat incentive scheme, the Northern Ireland scheme is fully devolved to the Northern Ireland Executive and is now the subject of an open inquiry by the Northern Ireland Public Accounts Committee. It is therefore in their remit to investigate it. The scheme in Great Britain has budget management mechanisms in place to stop the sort of overspending that was experienced in Northern Ireland. If the hon. Gentleman has evidence that Treasury money was in some way involved in supporting the Northern Ireland scheme and that money was misplaced, I urge him to write with the details to Treasury Ministers and I am sure that they will respond.

Business of the House

Debate between Mark Durkan and David Lidington

Thursday 17th November 2016 Commons Chamber

[Mr Lidington]

The Government not only set expected standards for replies to parliamentary questions, but publish regular bulletins showing how each Department has performed against those standards. I am concerned by what the hon. Gentleman says and I shall make sure that it is chased up today with the Department concerned.

[Mark Durkan (Foyle) (SDLP)]

Earlier, the Leader of the House waxed positive about the Government’s commitments to city deals and regional growth deals. May we have a debate in this House on the range and reach of such deals across the UK, including the very positive developments and prospects in Scotland and Wales? That might help to illuminate the resistance and negligence on the part of the Northern Ireland Executive in failing to take up what previous Whitehall Ministers have said would be their readiness to support deals—if they get proposals—including cross-border deals.

[Mr Lidington]

It may well be that either a long debate in Westminster Hall or a Backbench Business Committee debate would provide the opportunity for the kind of exchange of best practice that the hon. Gentleman wants, so that Members from different parts of the UK can all share their relevant experiences. Clearly the Northern Ireland Act 1998 devolves important powers to the Northern Ireland Executive and Assembly, and it must be for the authorities in Northern Ireland primarily to decide how to take this policy further.

Business of the House

Debate between Mark Durkan and David Lidington

1st reading: House of Commons
Thursday 13th October 2016 Commons Chamber

[Mr Lidington]

My own view is that early-day motions are an overrated currency. I was somewhat surprised to see reports this morning that Scottish National party Members have been spending so much time tabling early-day motions, and on subjects ranging from Christmas trees to the anniversary of the first screening of “Star Trek”. They need to be a little careful, because a number of us are coming to the conclusion that they do not have enough work to do, and I think their constituents would be somewhat shocked to find that out.

[Mark Durkan (Foyle) (SDLP)]

I welcome the shadow Leader of the House to her post and acknowledge her reference to the peace in Colombia and the forthcoming visit by President Santos. In that context, will the Leader of the House ensure that he and his colleagues, who have in very valid terms ruled out a second referendum here, do not mistranslate that message, given the particular challenges in Colombia, because a second referendum might well be what they need following the national dialogue and other negotiations now in train?

[Mr Lidington]

As the hon. Gentleman knows, we have, for a long time and under successive British Governments, supported the efforts to try to bring about an end to the appalling conflict in Colombia. We welcome the courageous work President Santos has done to try to reach that agreement, and British Ministers are certainly not going to, in any way, seek to tell the President of Colombia how he should proceed in setting the final seal on an agreement that we all hope will endure.

Business of the House

Debate between Mark Durkan and David Lidington

Thursday 21st July 2016 Commons Chamber

[Mr Lidington]

My hon. Friend raises an important issue for those of us who are concerned about animal welfare. In his reference to how people sometimes leave pet dogs in cars in hot weather, he alighted on the fact that often for such issues it is not a matter of a need for new legislation, but a matter of people recognising that they have a responsibility to care for the animals they own. If a debate enables my hon. Friend to highlight that, I can see the benefit of such a debate taking place. I would direct him towards either the Adjournment debate process or the Backbench Business Committee, where he might find those opportunities.

[Mark Durkan (Foyle) (SDLP)]

I congratulate the Leader of the House, and may I congratulate him on winning next year’s prize for the most reduced carbon footprint? May I also join in the tributes to Noeleen Delaney who, like all the staff in the House, serves us with dedication and discretion. She is ready with consideration and chat, but—typical of Donegal decency—never gossip.

Will the Leader commission a study of how many amendments and groups of amendments this Chamber discharges without any debate whatever, leaving it to the unelected fur-ocrats up the building here to get the enhanced reputation as the revising Chamber and the key amending Chamber? In this age of taking back control, can this Chamber take more control of the legislation that passes through Parliament?

[Mr Lidington]

I thank the hon. Gentleman for his words of welcome. He raises an important point. Ministers have a responsibility to ensure that Bills brought to the House are technically sound, that the policy has been properly worked out and that there is no ambiguity about the intention of particular clauses. The House collectively then has a responsibility, through the programming process, to ensure that Bills are properly debated and that we do not waste time simply scoring party political points, particularly in Committee and on Report. It then has a responsibility to allocate time fairly so that all aspects of the Bill can be properly considered. There are lessons for the Government but also for the House collectively on how we might do our job better.

International Syria Support Group: Airdrops

Debate between Mark Durkan and David Lidington

Thursday 9th June 2016 Commons Chamber

[Mr Lidington]

The Department for International Development is in regular contact with those organisations, as is the United Nations, which has long-standing relationships with all international humanitarian non-governmental organisations. As the hon. Gentleman will know, a large proportion of the British Government’s aid assistance to humanitarian causes in Syria and the surrounding states is channelled through precisely the organisations he has listed.

[Mark Durkan (Foyle) (SDLP)]

The vexed complexities that the Minister has referred to, and the acute sensitivity of current UN efforts, are understood by the Syrian refugees whom I met in my constituency on Sunday, and they explained the dire plight of their starving compatriots. Their basic question to me as a Member of the House is this: why can powers not marshal the capacity and resolve to supply the means of life, given that we have shown that we can deploy the means of death?

[Mr Lidington]

One must take into account the military realities on the ground. We are talking about a regime in Syria that is besieging most of the communities whose plight we are discussing. The regime has formidable air defences of its own, and Russia has deployed its own air defence measures inside Syrian territory. For that reason, we believe that the safest and most effective means of providing humanitarian access would still be for the UN to agree terms under which that aid can be delivered. If that proves not to work, we must return to this issue, as I have indicated.

Human Rights and Arms Sales to Saudi Arabia

Debate between Mark Durkan and David Lidington

Wednesday 8th June 2016 Westminster Hall

[Mr Lidington]

No, I am not giving way. In fairness, the hon. Lady intervened many times during the course of the debate. I have little time available, and I think her hon. Friend, the hon. Member for Rutherglen and Hamilton West, wants some time to reply to the debate at the end of our proceedings.

The coalition is there at the invitation of the legitimate Government. Saudi Arabia, whatever criticisms we make of it, is actively helping the United Nations supervision of humanitarian assistance in Yemen, and my understanding is that Saudi Arabia is also the largest single bilateral donor to the humanitarian relief taking place in Yemen. Those things, too, need to be weighed in any overall judgment we make about the activities of the coalition within Yemen.

In respect of the allegations about breaches of international humanitarian law, the Ministry of Defence makes assessments of how the Saudis are acting and whether the coalition is observing international human rights obligations. The MOD assessment is that the Saudi-led coalition is not targeting civilians; that Saudi processes and procedures have been put in place to ensure respect for the principles of international humanitarian law; and that the Saudis both have been and continue to be genuinely committed to compliance with international humanitarian law.

[Mark Durkan]

Will the Minister give way?

Government Referendum Leaflet

Debate between Mark Durkan and David Lidington

Monday 11th April 2016 Commons Chamber

[Mr Lidington]

The two designated campaign organisations will have four weeks in the run-up to polling day in which they will be completely free to publish and deliver to the electorate whatever messages they wish, during which time the Government will be very severely constrained in what they are able to do. What we have done on this occasion is in line with the precedent set by Conservative and Labour Governments in the past and I see absolutely nothing wrong or inappropriate in what we have done.

[Mark Durkan (Foyle) (SDLP)]

The Minister will know that the Social Democratic and Labour party will campaign strongly to remain in the EU. He must also know, however, that few of my constituents will find this leaflet from the UK Government particularly authoritative or persuasive on these issues. Do not the Government also face the problem that many people reading the leaflet will see that it is premised on the so-called special status that the Government say they have secured, even though the Government were going to campaign to leave the EU if they did not secure it? How would the Government have addressed the risks that they are now talking about if they had adopted that position?

[Mr Lidington]

The Government’s position was announced after the February European Council this year, at which we secured important reforms to the European Union, in particular those that carve us out of the notion of ever closer political union and ensure no discrimination by eurozone countries against those that have chosen not to join the euro. I believe that the leaflet presents arguments that even people in the hon. Gentleman’s constituency might find persuasive once they have aimed off from the fact that it comes from the United Kingdom Government. I know that he and his party colleagues will be campaigning strongly for continued British membership and I very much welcome that fact.

EU-Turkey Agreement

Debate between Mark Durkan and David Lidington

Wednesday 9th March 2016 Commons Chamber

[Mr Lidington]

Those discussions did take place in the margins of the summit, although its purpose was to try to hammer out a way forward in dealing with the refugee crisis that is causing such difficulties both to Turkey and the European Union. I can assure my hon. Friend that the British Government and other European Governments are in constant contact with our Turkish counterparts about how best to bring an end to the appalling conflict inside Syria.

[Mark Durkan (Foyle) (SDLP)]

The Minister must recognise that an adequate humanitarian response must involve more than simply asking Turkey to facilitate mass expulsion under almost a barter scheme between different classes of refugees. Will next week’s European Council meeting properly address the concerns about whether this scheme violates international law and human rights?

[Mr Lidington]

Yes. That is why the statement issued after Monday’s summit said explicitly that the agreement we were seeking had to comply with international law.

UK’s Relationship with the EU

Debate between Mark Durkan and David Lidington

Tuesday 2nd February 2016 Commons Chamber

[Mr Lidington]

I agree completely with my right hon. Friend.

[Mark Durkan (Foyle) (SDLP)]

Does the Minister recognise that if and when a referendum happens on the basis of a deal that is still to be concluded, many of us will see the debate as being about the bigger issues, challenges and reasons, which point to staying in the EU, rather than about the issues in this package, which many of his hon. Friends are determined to belittle as something between a figment and a fig leaf?

[Mr Lidington]

What is in the renegotiated package, assuming that we achieve it, will be an important element in the referendum debate, but it will not be the sole element. There are broader issues too. I agree with the hon. Gentleman that those are matters that both the major campaign groups will want to focus on.

Europe: Renegotiation

Debate between Mark Durkan and David Lidington

Tuesday 10th November 2015 Commons Chamber

[Mr Lidington]

My hon. Friend is right. Some Opposition Members grossly underestimate the sense of resentment among many men and women in this country at having seen treaty after treaty go through, changing the balance of powers in Europe, with the British people never being asked to have their say.

[Mark Durkan (Foyle) (SDLP)]

It is said that Christopher Columbus, when he set out, did not know where he was going; when he got there, he did not know where he was, and when he got back, he did not know where he had been. Is there not a serious danger of the Prime Minister facing exactly the same situation with his holographic negotiation strategy? Is the Minister not concerned that in personalising this, as he did in his statement, as the Prime Minister’s renegotiation, he creates a fundamental point of weakness in that we will have a Prime Minister’s referendum on a question that people view as somewhere between a figment and a fig leaf?

[Mr Lidington]

The entire Government were elected on a manifesto of renegotiation, reform and referendum. I enjoyed the joke, but Christopher Columbus is remembered for his achievement in navigation and discovery and for symbolising the opening of a new age. I hope that this renegotiation is the start of a new age of greater flexibility, democracy and competitiveness for Europe.

Oral Answers to Questions

Debate between Mark Durkan and David Lidington

Tuesday 17th June 2014 Commons Chamber

[Mr Lidington]

As the Prime Minister made clear, he regards the CDU/CSU as a sister party with whom we continue to enjoy close and positive relations. In respect of the proposals for the new President of the European Commission, we are of the view that it is important that the Commission is led by a man or woman who has energy, drive and a determination to take through an agenda of economic and political reform to face the serious challenges that Europe confronts, not least getting back to work the millions of jobless youngsters in Europe.

[Mark Durkan (Foyle) (SDLP)]

Has the Secretary of State emphasised to the Israeli Government that travel restrictions or other constraints that would prevent Ministers in the technocratic Government from meeting will mean only that they are unable to meet their responsibilities not just to all Palestinians but to the peace process?

European Union (Croatian Accession and Irish Protocol) Bill

Debate between Mark Durkan and David Lidington

Tuesday 27th November 2012 Commons Chamber

[Mr Lidington]

Indeed, Mr Crausby. I welcome the outbreak of bipartisanship.

Finally, one of the lessons is the importance of building alliances with other member states on these issues, because we are far from being the only country that has these concerns.

[Mark Durkan (Foyle) (SDLP)]

I thank the Minister for giving way, as I know he wants to conclude. He said he did not want to go through the clause subsection by subsection, but will he take the opportunity to clarify the different applicable maximums between England and Wales, on one hand, and Scotland and Northern Ireland on the other? Some of his hon. Friends may feel that those of more dodgy intent could be motivated to stay in England and Wales, rather than Scotland or Northern Ireland.

[Mr Lidington]

This boils down to differences in the legal systems operating in different parts of the United Kingdom. I presume that the hon. Gentleman is referring to subsections (4) to (6).

Subsection (4) provides that an offence by virtue of these regulations will be a summary offence and that any fines or prison sentences imposed will not exceed the applicable maximum levels or terms on the relevant scale. Subsections (5) and (6) provide clarity on the maximum prison terms applicable for these offences and the differences between maximum terms of imprisonment in England and Wales, and Scotland and Northern Ireland. For England and Wales, the maximum possible prison term is 51 weeks. For Scotland and Northern Ireland, the maximum possible prison term for an employee or a deception offence is three months, whereas for an employer this stands at six months.

Subsection (6) further clarifies that if the offences were committed in England and Wales before the commencement of section 154(1) of the Criminal Justice Act 2003, they will be liable for the same penalties previously outlined for Scotland and Northern Ireland—three and six months respectively—but, as the Committee will know, section 154(1) has not yet commenced, so the applicable maximums for the whole United Kingdom will remain at three and six months respectively for the time being. I hope that that provides the hon. Gentleman with the assurance he seeks.

We have had an interesting debate on some of the concerns in the Committee and the country about the freedom of movement, but I think there has also been a consensus in support of transitional regulations. I therefore commend the clause to the Committee.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.



Clause 5

Orders under section 4: Parliamentary control.

European Union (Croatian Accession and Irish Protocol) Bill

Debate between Mark Durkan and David Lidington

Tuesday 6th November 2012 Commons Chamber

[Mr Lidington]

As I said, the protocol was negotiated in 2009, so I fear that my hon. Friend’s challenge has to be for my predecessors in office who are now on the Opposition side of the House. Nothing would have been served in terms of the United Kingdom’s interest by our now saying that we would block ratification of the Irish protocol unless we obtained some concession of our own, because the thing at stake would not have been the ratification of the Lisbon treaty but the ratification of the Irish protocol, to which we have no objection and which is wanted by one of those countries with which we have an extremely close bilateral relationship.

[Mark Durkan (Foyle) (SDLP)]

Does the Minister accept that the protocol confirms the pre-existing sphere of competence of Ireland under its own constitution, further supplemented by the confirmation in relation to neutrality?

[Mr Lidington]

Yes, I do.

Oral Answers to Questions

Debate between Mark Durkan and David Lidington

Tuesday 30th October 2012 Commons Chamber

[Mark Durkan (Foyle) (SDLP)]

In Azerbaijan there is continuing arbitrary detention, torture and trumped-up charges against human rights defenders, journalists and now even YouTube uploaders. What active interest is the Government taking in relation to a number of recent and current cases in the courts?

[Mr Lidington]

We raise both general concerns and individual cases in the regular conversations between our ambassador and the Azeri authorities. I also do so myself when I have what are quite frequent conversations with the Azeri Foreign Minister.

Palestinian State (UN Membership)

Debate between Mark Durkan and David Lidington

Tuesday 6th September 2011 Westminster Hall

[Mr Lidington]

I think that one could find different lawyers who would be prepared to argue almost any point of detail on that question. I want to come on to the point about national recognition and the UN position. I make it clear that the Government’s position is that we believe that, whatever we say or vote for in this Chamber and whatever is voted for in the United Nations, whether in the Security Council or the General Assembly, a lasting, enduring, peaceful settlement on the ground is something that, in practice, will only be secured through negotiation, not by resolutions passed in a particular place.

[Mark Durkan (Foyle) (SDLP)]

In the context of all the negotiations that have taken place or that have, at times, broken down, we have often heard from Israel that the problem from its perspective is that it does not have a reliable, equivalent partner with which to negotiate. Would not some progress in terms of recognition of statehood remove some of the claimed problem that Israel says it has in the context of this very frustrating negotiating process?

[Mr Lidington]

I understand the hon. Gentleman’s argument, but we also have to accept the political reality that various acts have taken place in the past few years that have made it difficult to keep negotiations going. Direct negotiations of a serious character are not now taking place. In the absence of such negotiations, I think that there is simply going to be greater bitterness, greater difficulty and the narrowing still further of that window of opportunity for the successful creation of a two-state solution. I think that the emphasis for the United Kingdom and the international community should be on trying to get those negotiations back on track.

My fourth and final point about why this matters to Britain is that, of course, the dispute deeply affects the politics of the broader region, and the fluid dynamic resulting from the Arab spring makes the prize of stability that would come from an Israel-Palestine agreement even more significant.

We want to see a return to negotiations on the basis agreed by the Prime Minister and President Obama. The United Kingdom Government want to see borders based on 1967 lines with mutually agreed swaps, security for Israel, and the right for Palestinians to govern themselves in a sovereign and contiguous state. We see Jerusalem as being a shared city which will be the capital of both countries, and we also of course accept that there needs to be an agreed and just solution for Palestinian refugees.