Northern Ireland (Executive Formation etc) Bill

Nigel Evans Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Julian Smith (Skipton and Ripon) (Con)]

I support this proposed legislation. We had the bandages in New Decade, New Approach of keeping Ministers in place after the Executive fell, and we are now on to the elastoplast. It is worth stressing the limited nature of this Bill. There are very difficult choices that civil servants in Northern Ireland are not able to take. There are big challenges in all sorts of areas, including health, with long waiting lists; education, with hundreds of millions of pounds going in the wrong direction on the budget; foreign direct investment, where Northern Ireland has a great reputation but not having Ministers has an impact; and community groups and other organisations, which are desperate for political direction.

It is worth stressing to the House that there is the current period of not having an Executive, but there have also been other periods. One party is getting a lot of heat this time, but there were other parties involved in the past, and the implication in Northern Ireland when this happens is severe: if we did not have Westminster and instead just had civil servants in Whitehall taking the decisions, people in England, Wales and Scotland would be up in arms. So I want to emphasise that the implications of not having political decision making in Northern Ireland are very significant.

We have heard a lot about restoring the Executive. I was lucky enough to work with Northern Ireland parties in 2019-20 to restore the Executive then, and I took huge inspiration from the quality of politicians in Northern Ireland and the constructiveness and good will there at that time despite strong crosswinds. There are attempts to think about ways to run a negotiation to restore the Executive separately from the issue of the protocol, but that ship has sailed, because for one group and community in Northern Ireland fixing the protocol is key to the Executive getting back up and running. I have had strong views on how we have got here, on how previous Prime Ministers have handled this and on other routes that could have been taken, but the polling shows there is strong support for the Democratic Unionist party position among a big chunk of citizens in Northern Ireland.

We have heard that the new Prime Minister went to Blackpool, and I think he has developed new trust and new connections, and restored connections with Ireland, France and other European countries. In my view, however, we are now at a point where we really need to appeal to the EU to think again about how it is viewing this negotiation. There is some frustration—well, huge frustration—particularly about how the Conservative party has conducted these negotiations over the past couple of years, and I suspect that many of those complaints are correct, but we now need this.

We now need the EU to look back at what it did in Northern Ireland. It set up a taskforce, with multiple reports and multiple streams of investment. It invested in the Peace bridge in Derry, and it invested in the Peace Plus initiative. It had the widest set of co-ordinated activity in the European Commission on this particular vulnerable part of the EU. It thought very carefully and worked very hard to bring stability to Northern Ireland, and we now have one community that needs change to happen to get back to the restored settlement that is such a key part of the GFA.

My appeal to the EU is to think again about how it is going about this. Northern Ireland deals, in my experience, are not great on lots of legal detail, lots of bold paragraphs and lots of black and white. Instead, they are really based on compromise, fudge and flexibility. Whether it is two lanes, two approaches or different approaches to EU goods and NI goods, whether it is providing options to businesses in Northern Ireland about regulatory rules, or whether it is taking the European Court of Justice away from the very front of this deal to some distance in the background, all these things are achievable.

Those are all things on which the EU has recognised the uniqueness of Northern Ireland, with the very limited impact its trade and the risk at the border have on the single market. In this 25th year of the GFA, one community needs these changes to take place. We have a Prime Minister who is really trying to reset this relationship, and we now need to go for it. We now need to really encourage the EU to think about this differently and to work intensively at a political level to resolve this, because it is only through the resetting of the protocol situation that my colleagues in the DUP will come forward and restore the Executive. We can debate all we want whether that is good, and whether they are right or wrong, but that is the situation.

In any negotiation, one has to identify the realities, and the reality is that we need significant reform of the protocol at every level, with the EU leaning in on why that is so important. At a time of all this conflict across the broader European continent, it would be a tragedy should the EU not be flexible on the best possible success story in Northern Ireland. I realise this is a debate about Executive formation, but Executive formation in Northern Ireland comes from protocol renegotiation, and protocol renegotiation comes from the EU having some amnesia about its views on the Conservative party position on Brexit and moving forward in the best interests of the citizens of Northern Ireland.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the leader of the DUP.

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[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Interesting and important as this is, let us have a look at the scope of the Bill. Perhaps we can now return to the Bill before the House.

[Sir Jeffrey M. Donaldson]

Mr Deputy Speaker, the scope of the Bill is about the government of Northern Ireland. If the government of Northern Ireland cannot function because of the protocol, we need to identify the problems that the protocol is creating.

I say to the Secretary of State and the Government that I think the United Kingdom has been accommodating in its negotiating objectives, as have we. The UK Government and Unionists both accepted from the outset of the debate that there could not be a hard border on the island of Ireland. Let us really think about that for a moment. The United Kingdom accepted, and we accepted, that using the place where customs checks normally take place, which is on the international frontier, would be disruptive to the political process and to the co-operation required to operate the political institutions in Northern Ireland—and what did the European Union do? It pocketed that accommodation and drove for an Irish sea border that it knew full well would have the effect on the Unionist community that a hard border would have on the nationalist community. I say it again: I agree with the right hon. Member for Skipton and Ripon that the European Union has a responsibility to put right what was done wrong in relation to the protocol.

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[Julian Smith]

Will the right hon. Gentleman give way?

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I will allow this intervention, but I think we have gone way beyond the Bill that is before us. There will be plenty of other opportunities to discuss the issues that you are raising today, Sir Jeffrey. I know that this is vitally important, but there will be many more such opportunities.

[Julian Smith]

Does my right hon. Friend agree that the EU, on the issue of medicines, did show flexibility this year, and did start to move into the area that we were discussing earlier—the area of compromise and less hard facts? We need more of that in other areas. We should encourage the EU to use the principle that it applied to medicines in these other sectors, and to start to move in that direction.

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[Claire Hanna (Belfast South) (SDLP)]

Will the right hon. Gentleman outline where he saw these price differentials? Through my work, I spend half the week in London and half the week in Belfast, and I am not seeing it. I do not think the evidence provided by the retailers is bearing out that assertion. Can he give evidence of the price distortions he says the protocol is causing?

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I make the same plea: there are plenty of opportunities to talk about these other issues. We have the Bill in front of us, and I think it would be more fruitful if we directed our comments towards that.

[Bob Stewart]

I will not respond to the hon. Member for Belfast South (Claire Hanna). I have not been to Northern Ireland recently, but I will be there at the weekend and I will buy something in the supermarket. I have been reprimanded by Mr Deputy Speaker, and I always take a reprimand from the Chair with seriousness.

Northern Ireland must develop and regain its devolved institutions and local decision making, and I know my right hon. Friend the Secretary of State—he is sitting on the Front Bench and paying great attention to everything I say, as he always does—is bending over backwards to try to sort out this problem. There is no doubt about that.

Nobody benefits from the current situation, and I welcome the Secretary of State’s continuing discussion and co-operation with the Irish Government on matters of mutual concern. However, I am somewhat worried by some suggestions that, if an Executive cannot be formed, there could be some form of joint authority over the island of Ireland. That must not even be considered. It is utterly unacceptable and would be a direct attack on the sovereignty of the United Kingdom of Great Britain and Northern Ireland. We cannot have that.

Obviously, we all hope that an agreement on changes to the protocol can be agreed in time for the 25th anniversary of the Good Friday agreement. To be honest, I have mixed feelings about docking the pay of MLAs because they are apparently not fulfilling all their duties of representation. I accept that, in principle, they might not be doing all their job, but every one of them—DUP included—wants to go back to work. However, I will support the Secretary of State if he decides to take that form of action.

I presume that, unless an Executive is formed by 19 January, new elections in the Province will be inevitable. To stop this, we need the problems of the protocol to be sorted by then. We really have to fix it, because my friends in Northern Ireland do not deserve to go through all this.

Thank you very much, Mr Deputy Speaker. I sit down, having been reprimanded.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

I know I will not need to reprimand Gregory Campbell, because he will focus on the legislation.

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[Claire Hanna]

You are doing a great job yourself.

We began that work by tabling amendments to the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 to introduce an alternative election of First Ministers—[Interruption.] We do that work despite the chuntering from a sedentary position of people who just say no, who just nag from the sidelines, who are blocking good governance, and who, day by day, move more people towards considering and exploring a new Ireland—[Interruption.] Those on the DUP Bench below me have no interest in making Northern Ireland work, have derided and mocked people like me for wanting to do so, and have shown that they are unwilling or unable to do that. Those who vote for that party to protect the Union should really take a strong look at the strategic direction that is being provided and the value that they are being given for their vote.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am going to be less generous than I was earlier. As far as the protocol is concerned, the points have been well heard. Members’ remarks are going much wider than what is in the legislation before us. Can we have a bit of focus, please? There is plenty of meat here.

[Claire Hanna]

I appreciate that, Mr Deputy Speaker, and my focus is exclusively on the restoration of the Executive and restoring government to the people of Northern Ireland. I am outlining the efforts that we made last year with the MEPOC Act to introduce or reintroduce mechanisms that would move us away from veto and confrontation, which have become the political culture.

We sought to equalise the titles of First Minister to clarify the joint nature of that office and to end campaigning that is only ever built on dominating other communities. We also attempted to introduce a change that would allow for the election of First Ministers based on the votes of two thirds of Assembly Members, including broad-based, not majority rule. It is worth saying that had that been voted for last July and extended to the election of the Speaker, we would be back in the Assembly now.

Solutions do exist, and we will engage with any solutions that are serious about ending the deadlock while retaining the core principles that we adhere to of common endeavour and mutual respect. The way that things are being operated at the moment and the tactics of the DUP are destroying trust in devolution, and the DUP is profiting from prioritising victory and veto in a system designed for partnership. As John Hume said many times, “If you ask for all or nothing, you will get nothing.” [Interruption.] DUP Members may think they are being smart by chatting over me, as they do. They reject anybody whose views are not identical to their own, and they will see in the long term where they get. As long as this fiasco continues, the Social Democratic and Labour party will continue to speak up for people who are just trying to get through their days, live their lives, raise their families and run their businesses. We will support the necessary provisions in the Bill that help them do that.

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[Carla Lockhart]

Absolutely. My hon. Friend’s point is so well made. The takeaway from that is that it is the industry leads who are saying that the protocol will grind east-west trade to a halt within 48 hours, and that is a stark reality.

Last week I hosted the Minister of State on a visit to my constituency, and I thank him for that visit. He met Wilson’s Country potatoes. Wilson’s is a leading potato brand, but it faces ongoing difficulty arising from the protocol, because Scottish seed potatoes, needed to grow crops of certain varieties that the market demands, are banned from entering Northern Ireland.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I gently ask the hon. Lady to return to the legislation that we are considering. We understand why we are here discussing it, and that has been dealt with very well by Sir Jeffrey Donaldson, but I do not think that we need every Member to stand up and cover exactly the same area. The protocol will be debated again in the Chamber, I am absolutely certain, but let us not have lengthy speeches on it today.

[Carla Lockhart]

Thank you, Mr Deputy Speaker, for bringing us back to the Bill. The fact remains that we would not need it if the protocol was resolved.

Moving on to MLAs’ pay, the hon. Member for North Dorset (Simon Hoare), who chairs the Northern Ireland Affairs Committee, seems determined to punish MLAs for his party’s failures. His party gave us the protocol, and in doing so undermined the fundamental building blocks of the institutions and the Union which they claimed to cherish. His party failed to act when the DUP offered time and space to find a replacement and avoid the position in which we find ourselves. Does he accept any responsibility?

Let me be absolutely clear: DUP MLAs will embrace any pay cut that the hon. Member for North Dorset, or anyone else for that matter, imposes on them, whenever it comes. That will not change their stance or the stance of the DUP. As someone who was in the Assembly when pay was cut last time, I can assure the House that we are in politics because of our conviction, not for the pay that we receive.

Our refusal to enter the institutions has the support of our community, which will allow us to return to them only on the basis of respect for our constitutional position and the restoration of the integrity of the UK. The Minister of State knows that, because he heard the message loud and clear in Hillhall when he visited my constituency and the constituency of my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) last week.

Today, Members are exercised about the pace and severity of a pay cut. They ought to be exercised about the reality that should a new way forward not emerge soon, there will be no MLAs, no Ministers, no Stormont and no devolution. Furthermore, should those who now seek to exclude Unionism from the institutions under the guise of reform continue to undermine the agreements they claim to cherish, restoring those institutions will be increasingly difficult. It is telling that the same voices fell silent for years when Sinn Féin refused to enter the institutions. Indeed, rather than demand their exclusion, Alliance and Social Democratic and Labour party representatives stood at protests shoulder to shoulder with those blocking government. The double standards, and the desire to exclude Unionism from the institutions, are not lost on my community.

[Carla Lockhart]

We will have an opportunity to read Hansard and the Member’s contribution today, so we will be able to see that there is a clear ignoring of Unionist views and a clear sidelining of Unionism and the many people on whom the protocol continues to impact.

[Mr Deputy Speaker]

Order. Get back to the Bill please.

[Carla Lockhart]

The onus is on the Government and the EU to bring about the conditions whereby power sharing can be restored. Should a new agreement be found that meets the seven tests that my party has outlined, we will not be found wanting in returning to office. The ball is in the court of the Secretary of State.

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[Stella Creasy]

I thank the hon. Gentleman for his intervention. I know that he was frustrated by it. That is why I am speaking today. We have seen the frustration, and for three years women in Northern Ireland have seen multiple letters traded between Departments but little change. It is worth reflecting that even during the pandemic, women from Northern Ireland were still travelling to England and Wales, with 161 doing so in 2021 compared with 371 in 2020.

It is welcome to hear what Ministers have to say. We helped to give those women a voice in 2019, and through the Bill we want to see those women given delivery in 2022. I have some specific questions that I hope the Minister will be able to address. The Government have powers in the Bill to direct commissioning. We recognise that public services need to continue. Those services include healthcare and—let us be clear—abortion is healthcare. Those who have sought to threaten that have not protected devolution; they have simply harmed women, and in particular women from refugee and minority community backgrounds who have been the least able to take advantage of an ability to travel in the United Kingdom.

Previous Ministers have told me that, even under those powers, one of the operational actions is for women to continue to travel. I hope the Minister will recognise that that is not a satisfactory response, particularly when dealing with incredibly tragic cases in which, frankly, travelling creates a health risk. Will he set out how that will be dealt with? I recognise that there is a challenge with staffing and that we are asking Ministers to move quickly, although some of us might reflect that, in three years, it is not unrealistic to have asked for priority to be given to training and recruitment, because the direction of travel that I was told was coming by previous Secretaries of State should have been translated across. Will he set out how the Government will ensure that the service will be properly staffed not just in one or two locations but across Northern Ireland? We know that there are travel difficulties within Northern Ireland, so it is not enough to say to women, “The service that you might need does exist, but it is in a particular location.” We absolutely want to see those services start, but ultimately, when we talk about a safe, legal and local service, it really does need to be local, just as we seek similar provision for our constituents here in England, Wales and Scotland.

Another issue we have seen, which I hope this funding can help address, is that there are very clear reports that some are using the online nature of seeking guidance about where services are to cause harm. What I mean is that some people are using advertising, particularly on things like Google, to encourage women to go to services that are not about abortion, but are trying to deter women from having an abortion. One of the critical issues is how women will know how to access these services. Ministers have said that they hope that services will be available on the ground within the next 90 days, particularly services for between 10 weeks and 12 weeks. We know that access to pills is patchy, but access to medical procedures is non-existent. If women are seeking information about those services and how to access them, under this legislation, what powers will the Government have and what action will they take to make sure that those women are getting information about the right services—the actual abortion services—if they make that choice?

Finally, I want to make a plea to the Minister: there is still a stigma, as I know he understands. Contrary to what might have been said in this place, there is very clear evidence that the mood of people in Northern Ireland has shifted on this issue, as the mood of the people in Ireland shifted following the “repeal the eighth” campaign. There is widespread support for the provision of these new services and frustration at the delay that has taken place, but if those services are to survive, we need to address the stigma about working to support women who wish to have an abortion, and also having an abortion. I hope Ministers will talk about what they will do while we wait to see whether the Executive can be reformed, but also about what they will do to tackle that stigma, so that we can get the staffing and ensure that when a woman in Northern Ireland exercises her human right to choose to have an abortion, she does not face any further barriers.

As we have said, making laws—whether in this place or in devolved Administrations—requires more than just passing a Bill. It requires implementation and delivery, and the past three years have been a story of not delivering—of not meeting the promise that we made to those women in Northern Ireland. In passing this legislation today, and delivering on the work that has been done and the promise of that previous legislation, we have to show our homework, and that homework is both logistical and cultural. I hope Ministers recognise where these questions are coming from. They will have my support in working this through, and I welcome the words of the Secretary of State when he talks about this being an important provision. However, it is necessary to seek detail now, because we have had five different Secretaries of State, so many different letters and so little progress. The women in Northern Ireland who need this service deserve to be heard.

[Mr Deputy Speaker (Mr Nigel Evans)]

Following the next speaker, we will move on to the wind-ups. I call Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

Thank you, Mr Deputy Speaker. It is always a pleasure to speak in the House, but this is a subject matter that we hoped we would not have to address or bring before the House. However, because we are where we are, we feel it is important to do so. My party has tabled amendments, which I believe demonstrate our concerns; we will do what we can to address those concerns, and also to show support for our community. I respect the fact that there are Members present from different parties and with different opinions. It is no secret that we differ on many things, but there is an understanding that we do what we can to represent our constituents, so I am very pleased and proud to be able to stand here and speak for my Ulster Scots, Unionist community of Strangford.

I will speak to some of the DUP amendments, particularly amendment 13. First, I want to make it clear that we in the DUP recognise the need for what we have in front of us today. It is not what we want, but we are where we are, and we have to recognise that. We believe in the right to take a stand for the political good, and unfortunately, the fundamental issue of the Northern Ireland protocol remains. The allowance for negotiations is also welcome, which is part of why the deadline will be extended by another six weeks, but it is important to remember that time is no object in this debate. The route to a resolution will come through an understanding of our conditions in relation to the Northern Ireland protocol.

The Bill in front of us is the Northern Ireland (Executive Formation Etc) Bill. We are here today because we do not have an Executive, and we do not have an Executive because of the protocol. We can talk until we are blue in the face—or until the cows come home, as we say in my neck of the woods—about the need to restore the Executive, but if Executive formation really is our purpose, we are wasting our time unless we address the issue that stands in the way of Executive formation.

In addressing the challenge of Executive formation—to which the Bill’s title refers—it is vital that we recognise that the imperative for finding a solution arises from the fact that the current arrangements cause the UK Government to violate international law, a situation that must be terminated as quickly as possible.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Mr Shannon, I will allow you to touch on the protocol, but not to go into detail on that.

[Jim Shannon]

I will move straight on, Mr Deputy Speaker.

Clauses 3 to 5 permit the exercise of Northern Ireland departmental powers by senior civil servants under guidance published by the Secretary of State. Our amendment 13 reinforces the importance of accountability to the people of Northern Ireland. Elected representatives have the power to legislate and make laws for Northern Ireland, and to be scrutinised and held very much accountable. The proposal sets out the framework relating to the choice to do something, why it was done and how it could be done. At the same time, it allows people to be liable to answer questions from MLAs and MPs. As policymakers, we are all subject to the same scrutiny and accountability measures. If legislation cannot be made in the Northern Ireland Assembly, those who are asked to do it are responsible for ensuring that there is robust and transparent reasoning.

The Northern Ireland Executive would be functioning were it not for the Northern Ireland protocol. The current arrangements are a clear violation of international law. Articles 1 and 2 of the Northern Ireland protocol are subject to the Good Friday agreement. It is important to remind ourselves of that, because we are all looking forward, for different reasons, to a future time. The GFA commits the state parties to uphold the right of the people of Northern Ireland

“to pursue democratically national and political aspirations”.

Articles 3 to 19 of the protocol are subject to the GFA and article 2 places an explicit obligation on the UK Government not to allow the impacts of the protocol to diminish the rights under the GFA. It is important to reiterate those things. I understand that everyone in the House is fully committed to maintaining the GFA.

The Northern Ireland Protocol Bill is due to be on Report in the House of Lords, and I urge that all is done to secure its smooth passage. Many comments have been made about the DUP’s decision not to nominate a Speaker during the period when we have had no Assembly, yet no consideration has been given to cross-community support for this Bill. The Unionist community, which we in this House and in this party represent, are very clear about where we stand on these issues. There is no community support for this. Residents from other constituencies have contacted me to thank our party for standing up against the Northern Ireland protocol. This is not a Unionist issue, but one that impacts the Northern Ireland economy and its place in the United Kingdom. It restricts our local businesses from having free-flowing trade and, most importantly, it subjects our constituents to red tape and undermines their right to trade with their United Kingdom neighbours.

As the hon. Member for Walthamstow (Stella Creasy) spoke at some length on this issue, for the record, the Government did a consultation in Northern Ireland, and 79% of the people who responded from Northern Ireland were against any changes in the abortion law in Northern Ireland. The people of Northern Ireland were asked for their opinion and when the Government got their opinion, they ignored it. She does not care, of course, about the opinion of 79% of the people in Northern Ireland, but we already knew that. Opposition Members will know of our opposition to amendment 11, which was not selected. We are here to represent and speak for the 79% of people who objected to that.

I note with interest amendments 1 to 4 from the hon. Member for North Dorset (Simon Hoare) on MLA pay. I reiterate that we cannot stress enough that the notion that we might be moved back into government for monetary reasons is grossly misjudged. My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), the leader of our party and of our DUP group here, clearly said that we will not be bullied.

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[Jim Shannon]

Well, we have a consensus! I am pleased to hear that the hon. Member and his party concur with our opinion, so I hope that when the Minister of State replies to the debate he will give us a positive answer. It is important because if 4 May remains election day, the results will extend into coronation day. That is the very nature of what will happen back home, so it must be changed to ensure the public participation of candidates, the electoral office staff, who are an important part of it all, and the party supporters attending count centres. I urge the Government to take our proposal into immediate consideration for the sake of the celebration of the King’s coronation, and I thank the hon. Member for North Down (Stephen Farry) for his support.

The amendments that the DUP has tabled are for the greater good of Northern Ireland and our economic and constitutional position within this great United Kingdom. We hope that the Government will listen to us. They must be assured of our stealth and determination in regard to the damaging effect that the Northern Ireland Protocol Bill is having on Northern Ireland.

[Mr Deputy Speaker (Mr Nigel Evans)]

We now come to the wind-ups.