Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Owen Smith and Lady Hermon

2nd reading: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Owen Smith]

All I can say is that I went personally to the Library and asked the staff, and asked them again, and asked them to check; indeed, I also went to the Table Office and the Vote Office, and none of the people responsible in those offices said that they had a copy of the guidance. We then learned that it had been provided to other people, but only through the NIO website, from which I gather it was given to the Opposition Front-Bench team last week. I do not think that is satisfactory, not least because the substance of the guidance is so important—the issues that the legislation deals and does not deal with, the way in which the Secretary of State is offering guidance to civil servants, and some of the misunderstanding as to how that guidance will be provided on an ongoing basis are incredibly important.

I asked the Secretary of State earlier whether she could give me a specific example of a decision that might or might not be made by the Northern Irish civil service departments in the light of this guidance, and she could not do so. I suspect that that is because anyone who reads the guidance, as I now have, can see that you could drive a coach and horses through it. There are any number of instances that one could choose to identify in which it appears that decisions might be made in the public interest, or in order to improve wellbeing or economic performance in Northern Ireland, and, equally, there are many instances in which one might choose to interpret the legislation as inhibiting such decisions and actions.

The crucial distinction seems to involve the question of policy. However, I put it to the Minister that even if Northern Ireland civil servants cannot amend policy on an ongoing basis, one would assume that, as a corollary, they now have the capacity to make operational decisions that could be of enormous significance to citizens in Northern Ireland, relating to, perhaps, the closure of a hospital, school or some other vital facility.

The hon. Member for South West Wiltshire (Dr Murrison) implied, at least, that the Secretary of State would have to provide further guidance in respect of those operational decisions that might be undertaken, but according to my reading of the legislation, that is not the case. My understanding is that the Secretary of State will publish, on a monthly basis, some reference to the decisions that have, potentially, been made, or, rather, civil servants will report to her on the decisions that they have made under the guidance, but there is no obligation on her to provide the House with details of any decisions that she is instructing civil servants to make—or objecting to their making—on behalf of the people of Northern Ireland.

That brings me to the principal point that I wish to make. We seem to be taking a very big step in further strengthening the hand of Northern Ireland civil servants to make important decisions. We have had practically no opportunity to scrutinise the guidance and to understand fully what it means—what its implications are not just for Northern Ireland, but for the devolved settlements across these islands. It seems to me that this is another example of the Government’s rushing through Northern Ireland legislation, characterising it as absolutely vital and urgent when in reality it deserves further scrutiny.

[Lady Hermon]

Let me remind the hon. Gentleman of a significant point that was made, in a very interesting speech, by the hon. Member for Belfast East (Gavin Robinson)—to whom, of course, I apologise for addressing him earlier as “you” instead of “the hon. Member”. [Laughter.] The significant point in that excellent speech was the indication given by a very senior Sinn Féin member that Sinn Féin had no intention whatsoever of abiding by the timescale and the deadline of 26 March next year. What would the hon. Gentleman and his party colleagues do if Sinn Féin drove through that deadline?

[Owen Smith]

I am not sure that that intervention is entirely pertinent to the point that I was making. However, I will say in response to it that what I heard was a reference to Conor Murphy’s having said that he did not think Ministers would be in place before April 2019, which is broadly in line with the mysterious deadline that the Secretary of State has specified in clause 1.

My view is that no one party in Northern Ireland is blameless in respect of the impasse in which we currently find ourselves. I think that all parties need to get round the table, and that, crucially, the Governments on both sides of the Irish border need to do more to make this a more dynamic process. Torpor, drift and lassitude have characterised the approach of our Government, in particular, to an impasse that has lasted for nearly two years. If this is such an emergency, I think that the real emergency has been the lack of drive and dynamism. We heard from my hon. Friend the Member for Rochdale (Tony Lloyd) about some of the ideas advanced previously by him and by me about an independent chair, potentially the Prime Minister—maybe not the current Prime Minister, but a Prime Minister—who would have a greater influence in these matters. There are myriad ways in which the Government could be trying to drive this forward, but they are not doing so, and that causes me grave regret.

I shall conclude by making three brief points. This Bill essentially allows civil servants in Northern Ireland to take a very wide-ranging set of decisions and to be given legal and political cover by the Northern Ireland Office to do so, but it does not apparently allow decisions to be taken about the Hart inquiry recommendations on victims of historical institutional abuse, and that is morally indefensible. Hart reported just after the Assembly collapsed, but the inquiry was established by the Assembly and is widely supported across the Assembly. David Sterling, head of the Northern Ireland civil service, has said in terms that he already has the legislation on the books in order to deliver for those victims, and it is a disgrace that this legislation is not going to deal with their case. It should do, and there is no excuse for it not doing so.

Secondly, there are 500 victims of the troubles who have been gravely injured mentally or physically, as a result of no fault of their own in the vast majority of cases. They deserve a victims pension. It is clear that the compensation paid to individuals in the past is insufficient given that those people are living longer, thankfully, than was ever imagined. It is vital that the Government put in place a pension for victims.

Lastly, there is nothing in this Bill that allows for the people of Northern Ireland to have a greater voice than that represented through the DUP on the question of Brexit. The most important issue facing Northern Ireland is the prospect that the Good Friday agreement is in jeopardy right now, as a result of the reckless way in which Northern Ireland is being treated in the Brexit process. It is essential that we get the Assembly back, but if the Assembly cannot deal with it, Ministers in the NIO need to start speaking up, and I say to them, “We need to hear your voices on behalf of the people of Northern Ireland on Brexit, and if you do not speak up, you are letting the people of Northern Ireland down.”

Armed Forces Covenant: Northern Ireland

Debate between Owen Smith and Lady Hermon

Wednesday 7th March 2018 Commons Chamber

[Owen Smith]

Of course, and equality is central to the Good Friday agreement, which is why it is so important that the armed forces covenant, which makes it clear that no armed forces personnel or their families should be in any way disadvantaged by virtue of their currently serving in, or having been in, the armed forces, must not in any way be out of keeping with the application of equalities legislation—section 75 in particular—which is absolutely critical to the underpinning of the Good Friday agreement. That is why I am so pleased to hear the Minister repeat the Government’s view that they do not think there is any need to amend section 75 because they believe the two things are entirely reconcilable.

[Lady Hermon]

Given the hon. Gentleman’s obvious support—and, I take it, his party’s support—for the military covenant throughout the United Kingdom and indeed for community covenants, I am curious about what is said when he meets representatives of Sinn Féin; I am quite sure he meets Sinn Féin MPs when they visit Portcullis House and Westminster, although they do not take their seats here. How often has the hon. Gentleman raised the military covenant and urged Sinn Féin to show more respect for the military covenant and the community covenant?

[Owen Smith]

I do, obviously, regularly meet all the political parties in Northern Ireland, including Sinn Féin, and I have raised the question of the military covenant and the perception that insufficient respect is paid to members of the armed forces in the way in which the community covenant in particular is applied, and I will continue to raise that in my conversations with Sinn Féin.

In conclusion, I shall refer the House to a few important remarks made in evidence to the Northern Ireland Affairs Committee on this question. It had much greater opportunity to debate this issue at length. One of those important pieces of evidence came from the former Northern Ireland Executive Minister Edwin Poots MLA of the Democratic Unionist party. He said that he took the view that

“no one is supposed to be treated better, and indeed, no one is supposed to be treated worse. Army personnel will not then be treated any worse than anybody else”,

making it clear that the point about the covenant is to guarantee that there is no disadvantage to armed services personnel in Northern Ireland or elsewhere.

Northern Ireland Budget Bill

Debate between Owen Smith and Lady Hermon

2nd reading: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 13th November 2017 Commons Chamber

[Owen Smith (Pontypridd) (Lab)]

I join the Secretary of State in condemning the actions of the people who left a viable pipe bomb in Omagh on Remembrance Sunday—on a day and in a place designed to cause maximum harm and shock. It is truly contemptible of those people. I equally condemn the actions of the men who conducted what can only be described as a knee-capping last night in Londonderry-Derry—a city where, even as we speak, there is apparently another incident involving what the police believe to be a viable pipe bomb.

All these awful events are a timely and salutary reminder of Northern Ireland’s past—a past that we all hoped that we had long since left behind, but which I fear we have not always left behind. These events are also a reminder of the propensity of violence in Northern Ireland to fill a vacuum when politics fails, and I am afraid that we are here today because politics has failed. This Bill is, unfortunately, a testament to political failure. It is a failure by the majority parties that were in government together, power sharing in Northern Ireland, and that have fallen out and been unable to come back together. I am afraid that it is also a failure of the Secretary of State’s Government to bring about the restitution of trust and the reconstitution of the Assembly and its institutions.

The Secretary of State has been at pains to say that this is not direct rule. I understand why he wants to emphasise that point—technically, of course, he is right—but that is not what nationalists in Northern Ireland will see in today’s events. That is not how they will characterise it, and that needs to be reflected as they unfortunately now lack a voice in this place for the first time in a long time. The reality is that we are living in something of a twilight zone between devolution and direct rule, with real problems for accountability and transparency, as so many Democratic Unionist party Members described earlier in the debate.

Today’s budget is only a quick fix until the end of March, so there will be a further one. It is difficult to credit the Secretary of State saying that this is the budget that the Northern Ireland Executive would have brought forward in the event of devolution and that this is effectively a continuation of the trajectory set in the budget in December last year. Twelve months have now passed, and it is quite hard to see a direct line of accountability between that indicative budget and the sums before us now.

Let me be clear that we will support the Bill tonight. We absolutely believe that the Secretary of State has no choice but to bring forward this budget, and we accept all the arguments he has made in that regard. Northern Ireland’s public services need to be supported. The roads budget is running out of the money to fill the potholes, and there are significant problems in housing, health and education, all of which need to be addressed with extra resources in Northern Ireland. However, this budget does raise questions about the transparency, accountability and sustainability of this approach. DUP colleagues who raise such questions are right to do so, and other hon. Members across the House will also raise these points.

[Lady Hermon]

The hon. Gentleman has signalled his support for the Bill. Will he also signal to the House his support for the issue raised, quite rightly, by the right hon. Member for Belfast North (Nigel Dodds)? When the matter is brought before the House, will the hon. Gentleman, his colleagues and the leader of his party firmly support the termination of representative money to Sinn Féin MPs, who do not take their seats and represent their people in this House?

[Owen Smith]

With the greatest respect to the hon. Lady, that is a slightly separate issue from those we are discussing today. We can discuss that matter on another day, and I will be happy to address it at that point.

I hope to address the profound concerns about the Government’s mishandling of the wider political process, but I will first talk a bit about the budget. The Secretary of State has effectively said that this is a flat budget for the Northern Ireland Departments in aggregate, with perhaps a 3% uplift to reflect inflationary pressures over the period. But within that headline figure, there are shifts between Departments, with cuts for some and increases for others. I cannot help but bring to the attention of the House—although my thunder was stolen—the quite extraordinary 32% increase on last year’s figure received by the Executive Office, compared with a 3% reduction in the budget for the Department of Agriculture, Environment and Rural Affairs and a 0.3% reduction in the budget for the Department for the Economy. Those are curious decisions that the Secretary of State was not able adequately to explain away to the House. I accept that this is complicated, but those decisions seem to be fairly fundamental.

Such decisions raise real questions about the accountability of decision making in this twilight zone. It is true that there is an increase for education in this budget versus the education recommendations made by the Secretary of State in April and the summer, but that raises a question that the House should ask: who has made the decision to increase education spending in Northern Ireland? There was a decision to cut it, and I am very pleased that that decision was reversed and that there has been a slight uplift in education spending. But someone made that decision. If it was not a Northern Ireland Executive Minister or the Secretary of State for Northern Ireland, it was a civil servant. That civil servant is wholly unaccountable and does not have a clear line of accountability now to elected politicians in Northern Ireland or to the Secretary of State. So while we may well support the decision, we must ask questions about it.

Transitional State Pension Arrangements for Women

Debate between Owen Smith and Lady Hermon

Wednesday 24th February 2016 Commons Chamber

[Owen Smith]

My hon. Friend is entirely right. Women have suffered a million and one other injustices in the workplace and on payday for generations, and this is another injustice being heaped upon them.

[Lady Hermon (North Down) (Ind)]

Will the hon. Gentleman take this opportunity to acknowledge the serious injustice suffered by women who were born in the 1950s who have been offered and have accepted retirement packages from their employers that included figures based on the assumption that the retirement age would be 60?

[Owen Smith]

It is no surprise that the hon. Lady, who speaks with great erudition, has highlighted yet another injustice that women have suffered. I say again that the Government must recognise that and bring forward some suggestions. There are myriad ways in which they could mitigate the problem. There are lots of transitional arrangements that could be put in place, and I will list six of them.