Northern Ireland (Miscellaneous Provisions) Bill

Debate between Mark Durkan and Mike Penning

Tuesday 9th July 2013 Commons Chamber

[Mike Penning]

It is very important that we consider what the electorate have decided to do. The electorate elect people to this House and to the Legislative Assembly. I pay tribute to those who had more than a dual mandate when there was a need for people to put their heads above the parapet and stand for office when things were enormously difficult in Northern Ireland. We have moved on. We accept that MLAs should not be able to stand for the lower House in the Republic, but we do think, at present, that they should be able to sit in the Lords. MEPs are a matter for another Department, on another day, and another Bill, in the Government’s opinion.

[Mark Durkan]

Will the Minister address the issue of membership of Seanad Eireann?

[Mike Penning]

Exactly the same applies: that situation will be addressed, should the issue of the Lords be addressed. At present, the Government are not addressing the issue of the Lords; we will oppose the amendments on that subject. The Government oppose amendments 10 to 17, and recommend that clauses 3, 4 and 5 stand part of the Bill.

[Naomi Long]

I think the argument regarding dual mandates in the House of Commons and the Assembly has been fought and, largely, won. People may well say that the public do not mind double-jobbing, but it was a live issue in the 2010 elections, which is why all parties made the commitment publicly in their manifestos, before those elections, that they would not maintain dual mandates. People were elected on the expectation that they would leave the Assembly during this term. Everyone has said that that is the point that we want to get to. I know why I feel the need for legislation, but I do not know why the Government do. Perhaps it is because every time we discuss the matter, even those who say that they are in favour of such legislation in principle continue to put up quite a spirited defence of double-jobbing—and are still here to do so, three years after the last Westminster election and two years after the last Assembly election. However, I would not want to speak for the Government on that point. It is important that the Government, having made a commitment to legislate on this subject, follow through on that.

On the other amendments that I have tabled, the issue for me is whether we are applying the rule consistently. The hon. Member for North Down (Lady Hermon) made a compelling point: the concern when the issue was raised was not simply about dual mandates, although that became a shorthand for it; it was about serving in two legislatures and the challenge that presents with regard to people being able to do both jobs properly. There is a further point, in that in the House of Lords, the expectation is that people are not fettered or influenced by constituency responsibility. However, if they have that responsibility because they have an elected mandate in another legislature, they are no longer free in that way. That distinguishes elected posts from other forms of employment outside the House of Lords in an important, fundamental way.

--- Later in debate ---

[Mike Penning]

On this question, we disagreed with the Select Committee. We agreed with it on some things, and changed the draft legislation accordingly, but we did not agree with it on this matter.

[Mark Durkan]

rose—

[Ms Ritchie]

rose—

[Mike Penning]

I will not give way. I have finished speaking on clause 7, and I hope that the Committee will allow it to stand part of the Bill.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.



Clause 8

Appointment of Justice Minister

[Mark Durkan]

I beg to move amendment 18, in page 7, line 4, leave out from ‘is’ to end of line 41 and add—

‘repealed.

‘(2) Any provision by Act of the Northern Ireland Assembly which provides, by virtue of section 21A(3) or (3A) of the 1998 Act, for the method of appointment of a Minister in charge of devolved policing and justice functions, shall be repealed.

(3) Any Minister in charge of devolved policing and justice functions shall be appointed in the same way as other Northern Ireland Ministers.’.

--- Later in debate ---

[Mike Penning]

May I repeat the thanks expressed on Second Reading to Her Majesty’s Opposition for the supportive way they have looked after me in my new role? I look forward to being with the shadow Minister tomorrow, up on the Committee Corridor once again, when we consider another piece of secondary legislation.

I genuinely wish I could support the amendment, but I cannot, as we are not yet in the right position to do so, as the shadow Minister suggested. This is a difficult situation, but I think everybody accepts and understands why the Justice Minister was first appointed in this way and then subsequently again in 2011. We have moved on from that, however. While what we propose in clauses 8 and 9 is not perfect, it does move us forward and address the anomaly in the position of the Justice Minister. We were formally approached by the First Minister and Deputy First Minister to look at putting in place a provision that addressed this anomaly. We have done so through clauses 8 and 9, which is why I hope they will be agreed to.

[Mark Durkan]

I thank the Minister for what was a very straight and straightforward reply. It was exactly as expected. I would not have expected the Government to be moving. I expected that the best we would get would be mutual engagement, but no mutual adjustment. We have had mutual engagement, and there has not been adjustment. I fully understand the points made by other Members as well.

The right hon. Member for Belfast North (Mr Dodds) said that there are provisions around the Minister of Justice in terms of the Executive locus. That is precisely what I was referring to when I talked about some of the standards that are there, which are well honoured by the current incumbent, and which apply equally to all other Ministers as well. The existing protections do not need just to apply to the means of appointment, and there are also obligations and standards in place. However, recent events show that we might have more to do either here or in the Northern Ireland Assembly in respect of increasing the robustness of some of the standards around ministerial probity and accountability.

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

Amendment, by leave, withdrawn.

Clauses 8 and 9 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill (Clauses 1 to 9) reported, without amendment (Standing Order No. 83D(6)), and ordered to lie on the Table.

Oral Answers to Questions

Debate between Mark Durkan and Mike Penning

Wednesday 6th March 2013 Commons Chamber

[Mike Penning]

I recently discussed this matter with the Leader of the House. This is a matter for the House, and I am sure the hon. Gentleman will like to raise it with the Leader of the House. He might, perhaps, even get a debate on it.

[Mark Durkan (Foyle) (SDLP)]

6. What consideration she is giving to bringing forward an amendment to the Public Processions (Northern Ireland) Act 1998 in relation to notification requirements as part of the proposed Northern Ireland (Miscellaneous Provisions) Bill.

Coastguard Modernisation

Debate between Mark Durkan and Mike Penning

Tuesday 22nd November 2011 Commons Chamber

[Mike Penning]

We already have the keys to the operations centre in Fareham and we have been showing staff around. I have not formally signed a contract yet, but I hope to do so in the next few weeks.

[Mark Durkan (Foyle) (SDLP)]

May I associate myself with the comments of the hon. Member for North Down (Lady Hermon) complimenting the Minister on his accessibility during this exercise? Will he assure us that the reduced number of MOCs, with their extended geographic catchments, will give the same quality and level of support as they previously have to our voluntary search and rescue services, which provide such a strong service on our inland waterways?

[Mike Penning]

I am very aware of the unique geographical situation and size of Northern Ireland’s inland waterways. That is one of the reasons why I gave careful consideration to the question of whether it should be Belfast or Liverpool, and why we kept Belfast. The other reason was the unique situation of a border with another EU member state. Also, Belfast has shown time and again its ability to cover for the Clyde so that the pairing system works.