Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Nigel Mills and Gavin Robinson

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Nigel Mills]

May I first apologise for being a little late for the wind-up speeches on Second Reading? I was sorry to miss the speech by the hon. Member for Ealing North (Stephen Pound), the shadow Minister, as his speeches are usually entertaining and informative.

Amendments 15 and 16 are efforts to probe the Government on the future direction of policy in certain areas and perhaps to improve the Bill, but I will not seek to press them to Divisions. Amendment 15 is an attempt to discover the Government’s plan if—heaven forbid—we reach the end of the period for the formation of the Executive and we still do not have one. Effectively, what would happen in law without any further clarification is that we would default back to the present situation—the Secretary of State would have a duty to consider setting an election date. The present interpretation seems to be that she has no duty to call an election for any particular date. The House of Commons and the people of Northern Ireland have been very patient for the past 650 days—that was the count we heard earlier—in not pressing the Government to clarify the meaning of the words on considering the date for an election in the legislation of a decade ago.

We may fairly say that if we manage to get to late August 2019—I cannot calculate the number of days, but I suspect it will be well over 800 days since an election by that point—without a Government being formed, the only solution might well be to have another election and see whether the people of Northern Ireland wished to express a different view from the one they expressed 650 days ago. If we get to that stage, I would argue that an election would be unavoidable unless we really believed that another few days would tip a deal over the line.

I also venture to suggest gently that having clarity in the law about the consequences for the parties if they cannot reach a deal by that point may be of some assistance in the negotiations. It is probably fair to say that the Northern Irish parties are not great respecters of deadlines. Indeed, deadlines in this process seem to come and go without provoking much action. If a deadline were set in law, it would be clear throughout the discussions that an election would be called if the parties could not reach an agreement by the end date of late March, or late August or somewhere in between that the Secretary of State sets.

Actually, whether to call an election would not be a matter for the Secretary of State’s discretion: it would be a matter of law that the election had to be called unless she thought that she could get a new piece of legislation through Parliament to delay or remove that obligation. If a deal were about to be reached and some legislation here were needed to bring it about, I do not think that we would have any problem in agreeing to it. We would all be grateful to do anything we could to bring the Executive back. But a line would be drawn in the sand to make it clear that if the parties do not agree by a certain date, the Secretary of State has no option but to call an election to ask the people their opinion on resolving the situation.

I ask the Government to consider at least clarifying the consequences of the period for Executive formation lapsing without success and the Government’s policy in that regard. Setting out clearly in a way that will not be ignored this time that an election would have to follow might offer some assistance in the negotiations.

My other proposed amendment, amendment 16, concerns the appointment of individuals to certain key bodies in Northern Ireland. Ideally, that would be a decision for the Northern Ireland Executive and the Assembly and there would be some cross-community involvement. It would be a joint decision, effectively. The Bill quite rightly takes the power to make those appointments, but effectively leaves the decision to the Secretary of State without the need for any real consultation with Parliament or the public on those decisions. I accept that we do not need to have that level of parliamentary involvement for every appointment that might be needed, but what I am trying to do through the amendment is ask whether for the most senior and important posts we could in some way have some parliamentary scrutiny of the individual whose appointment is recommended. This is not a novel process. Many Departments allow Select Committees to hold scrutiny hearings for proposed senior appointments, so it would merely replicate that process.

Attempting to get the amendment in order, I suggested that the definition of seniority could come with a salary of £100,000, but I would not be particularly committed to how we define the cut-off. However, if we were to have this process for sensitive appointments, I think that that level of salary would catch a new Chief Constable, if for some reason one was needed, or perhaps the chair of the Office of the Police Ombudsman for Northern Ireland.

For those very sensitive and senior posts for which there is cross-party concern about the individual who is appointed, having a parliamentary scrutiny process in which questions could be asked of the individual to discuss any past roles they have had or comments they have made and to seek their views on how they would carry out their burdensome responsibilities would give both Parliament and the people of Northern Ireland some comfort that the right person had been found and that they would discharge those responsibilities in a responsible manner.

Even if the Secretary of State is unwilling to accept what I have proposed, I urge her to give serious consideration to whether it would help those individuals to have the full confidence of Parliament and the trust of the public in discharging their roles if she allowed some public scrutiny and accountability in the process of appointing them.

[Gavin Robinson]

Does the hon. Gentleman realise that that is not what would happen if there were a functioning devolved Assembly and that putting some of those positions through that political prism brings some difficulties with it in the Northern Ireland context? If an appointment were rightly made to the Policing Board, it would be for the board to assess and judge any individual going for the Chief Constable role. With the police ombudsman, there is no public scrutiny role like that which we have seen through the process for US Supreme Court judges available at the moment. That role does not exist at the moment; it did not exist when the Assembly sat, so is it really the road we should go down on this interim basis?

[Nigel Mills]

I said that I was not necessarily fixed on how we define the roles, but we are not in a normal situation. We do not have the Executive or the Assembly to make those appointments; what we will end up with is a Secretary of State over here, with no accountability and no cross-community input, simply making that decision. I was suggesting that this would be a way to provide at least some scrutiny and accountability for these important appointments. The Bill to which we have just given a Second Reading actually specifies that the Secretary of State can effectively make those appointments herself. I accept that we cannot replicate every process that the Executive would have followed, but I am attempting at least to find some way to improve the situation over that which we have in the Bill.

Perhaps I can make a few remarks on the amendments tabled by the Chair of the Select Committee, my hon. Friend the Member for South West Wiltshire (Dr Murrison). It seems a bit discourteous to talk about his amendments before he has had a chance to discuss them, but this is my only chance so I guess I will do it anyway. Amendment 2 suggests some items that could be included in the Secretary of State’s guidance to the civil servants on which we really ought to see them take some action. As I said on Second Reading, ideally what we would get from this process would be some decisions that could not be taken before now because there has been no ministerial direction.

In terms not only of the items that my hon. Friend has suggested in amendment 2 in relation to the Hart report, which we have discussed at some length, but of all the various Brexit-related issues, we need as a House to be assured that in the event that any important decisions need to be taken as a consequence of wherever Brexit goes over the next few months, there is a process in place whereby decisions can be taken for Northern Ireland.

Northern Ireland Assembly Members (Pay) Bill

Debate between Nigel Mills and Gavin Robinson

2nd reading: House of Commons & 3rd reading: House of Commons
Wednesday 21st March 2018 Commons Chamber

[Gavin Robinson]

That would be useful. The Under-Secretary of State for Northern Ireland and I parsed such issues last night to the point that he questioned my sincerity because of the breadth of the smile on my face. It is useful to seek clarity on the Floor of the House, because the House’s intention needs to be clear should there ever be cause for judicial consideration, and I think what the Secretary of State has said is making things clear. I do not claim to be an expert on such matters, but there is an issue with the wording of subsection (3), and I will take the opportunity, once I have concluded my remarks, to withdraw from the Chamber—if that is appropriate—for a discussion with the officials should there be any need to raise the issue again in Committee.

[Nigel Mills (Amber Valley) (Con)]

If a determination was made to reduce pay by a third, for example, is the hon. Gentleman’s understanding that that determination would lapse when the Executive re-formed? If the Executive fell again, that cut of a third could be reactivated, but the power would not be there to change that third to a half or to something else. Whatever is done now is what will happen if the Executive ever collapse again, but we cannot change the amount.

[Gavin Robinson]

As I have outlined, my concern is that the power ceases once we make the determination and the Executive are re-formed. That is the difficulty. It is not that there would not be the intention or the willingness; it is that the legislation, as currently drafted, removes the power.