Draft Northern Ireland (Ministerial Appointment Functions) Regulations 2019

Pat McFadden Excerpts

Monday 11th February 2019 General Committees

[The Minister of State, Northern Ireland Office (John Penrose)]

I beg to move,

That the Committee has considered the draft Northern Ireland (Ministerial Appointment Functions) Regulations 2019.

It is a pleasure to have your hand on the tiller for our proceedings, Mr Walker. I do not propose to take a great deal of time setting out the statutory instrument initially, because it is simply one of those that are forced on us by the absence of a Northern Ireland Executive at Stormont. This is not something that anyone here particularly wants to have to pass as an SI through the Westminster Parliament, but we have to do that simply because there are a small number of ministerial appointments for the smooth running and good governance of Northern Ireland that have become both urgent and important and without which good governance in Northern Ireland would be increasingly difficult.

The positions, ranging from the Attorney General for Northern Ireland through to member or chair of the Northern Ireland Local Government Officers’ Super- annuation Committee, are listed in regulation 2(2) and (3). It is notable and welcome that the SI is short, covering just two sides of a piece of paper. I am very happy to go through any one of those offices for anyone who has particular questions about why it is included and when the current incumbents’ terms of office are due to finish, if the Committee is interested, but the initial indications informally, before we tabled the regulations, were that this is relatively uncontroversial and straight- forward legislation. Therefore, I do not propose to go into lots of detail unless required, but of course other members of the Committee may feel differently—I feel an intervention coming on.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

I am grateful to the Minister for letting me intervene. I understand why the Government have to introduce an SI such as this to cater for such appointments. As he rightly says, it reflects the absence of devolved government over quite a long period. May I ask him this? Apart from the piecemeal approach set out in such SIs, has there been a broader discussion in Government about the restoration of direct rule?

[John Penrose]

I can confirm that those meetings and discussions—sometimes very privately bilaterally, sometimes more broadly—are ongoing. The right hon. Gentleman will be aware that we have primary legislation that we passed just over four months ago that is due to be extended, if Parliament feels that that is right, in order to allow time—two five-month consecutive periods—for the restoration of devolved government in Northern Ireland.

Until those two five-month periods have been completed, we are trying to create a space in which talks about talks and discussions about how to restore the Executive can be undertaken. If at the end of the first five months, we do not decide to renew for the second five months, or if at the end of the second five months we are still without a devolved Administration in Northern Ireland, at that stage that primary legislation lapses and at that point the Secretary of State’s existing legal duties to hold a local election in Northern Ireland come back into force—that is the purpose of the legislation—and therefore everybody, on all sides, has an interest in trying to ensure that the devolved Administration in Northern Ireland are restored as soon as that can be done.

I can see that the right hon. Gentleman wants to intervene again, but I will just make one more point before he does. These six examples of appointments are just the ones that are both urgent and important. There is a lengthening list of policy changes and other issues, which is growing every day, that would be far better served, for the people of Northern Ireland, if a devolved Executive were in place to take those decisions and to get government in Northern Ireland moving again. This is not something where pressure is going down; pressure is rising steadily. I am sure that I speak for everyone here—I hope I do—when I say that I am sure everyone wants to see the restoration of devolved government. That was central to the Belfast agreement. Everyone will understand that it is far better to have a functioning local democratic Administration in Northern Ireland, if at all possible, and with that I will give way once more.

[Mr McFadden]

I am extremely grateful to the Minister for his patience. I agree, as we all do, I am sure, with what he says about the desirability of restoring devolved government. Most of his comments in response to me have been about how much effort the Government have been putting into that, which is absolutely great, but my question was: has there been any discussion about what happens if that does not work? Will the Government end up having to make a decision they do not want to make and restore direct rule?

[John Penrose]

The legal position is that after the five months, which come to an end in March, Parliament must decide whether to grant a second five months, all the time working and hoping for and, we hope, supporting the notion of restoring devolved government in Northern Ireland. If at the end of the second five months, or if there is no renewal for those second five months, the Secretary of State has an existing legal duty that is currently in suspension to consider whether a further election in Northern Ireland would be required. That is the legal requirement, rather than a requirement to return to direct rule. I know that everyone would want to avoid going to direct rule and would, therefore, want us to consider direct methods of getting a local election going in Northern Ireland, if necessary. Clearly, the best option is to restore existing Members of the Legislative Assembly to their place in Stormont.

With that, I propose to do something unusual for a politician and that is to stop talking, sit down and see whether anyone wishes me to answer any questions.