Draft Northern Ireland (Ministerial Appointment Functions) Regulations 2019

Debate between Pat McFadden and John Penrose

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.

European Union Referendum Bill

Debate between Pat McFadden and John Penrose

Tuesday 8th December 2015 Commons Chamber

[John Penrose]

I think I have just addressed that point. We cannot waive privilege and disagree with the amendment for other reasons. We therefore need to engage financial privilege, but I am taking the opportunity of this speech and this debate to make sure that those other issues are given an airing as well. I hasten to add that there is nothing new in this. There is a long-established precedent in this House. I shall leave it to the procedural experts to lecture us all on the historical antecedents of financial privilege. We are not creating any sort of unusual precedent here.

I have not sought to repeat or rebut every argument. As I said, the subject has been debated many times in the Chamber already. I have, I hope, given everybody a taste of the issues and stated the Government’s position. The House has expressed its view on this matter many times, and I ask us all to repeat that once more.

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

I rise to oppose the Government’s proposal to reject Lords amendment 1 and to support the amendment passed by their lordships which extends the franchise for the European referendum to 16 and 17-year-olds. There is an ongoing, more general debate about franchise extension, but today I want to concentrate on the case for extending the franchise to younger voters for this particular referendum. Constitutional referendums are not like general elections, which come about every five years, or local elections, which come about every year. It is 40 years since this issue was voted on in this country. Major constitutional referendums are a once-in-a-generation choice, perhaps a once in a lifetime choice, about the country’s future direction. Our contention is very simple: it is that the young people of this country deserve a say in the decision that will chart our country’s future.

European Union Referendum Bill

Debate between Pat McFadden and John Penrose

Thursday 18th June 2015 Commons Chamber

[Mr McFadden]

Is not this the crucial point rather than arguments about ancestry or length of residence? Is it not the case that in any recent referendum on a European question held by a member state—whether that was the Austrian referendum on accession in 1994, the referendums held more recently in France and the Netherlands, or the frequent referendums held in Ireland on various EU treaty changes—residents from elsewhere in the EU have not been given the vote?

[John Penrose]

The right hon. Gentleman is absolutely right. It would be lopsided indeed if we were to take a different approach for our nationals than has been done elsewhere in the EU. As I was saying, British citizens were not entitled to vote in the Dutch or French referendums.

Finally, switching from the parliamentary to the local elections franchise would block British citizens living abroad from voting at all, because they are not entitled to vote at local elections. The net effect of the amendments would be to deny British citizens living abroad the right to vote on their own country’s future while giving that right to other Europeans who are living here but have chosen not to become citizens. That strikes me as fundamentally unfair and inequitable. I hope that the hon. Members will withdraw their amendments when the time comes.

We have also heard about the need to give the vote to 16 and 17-year-olds for the first time in a UK-wide poll. There are a number of amendments to that effect, in the names of the right hon. and learned Member for Camberwell and Peckham (Ms Harman), the right hon. Member for Gordon and the hon. Member for North East Fife (Stephen Gethins). This is a referendum about an issue of huge national significance, and the starting point for determining who is entitled to vote must therefore be the franchise for parliamentary elections. Members will be aware that the voting age for parliamentary elections is set at 18. The voting age was 18 in the 1975 referendum on EC membership and the 2011 alternative vote referendum.

Let us not forget, as a number of Members have pointed out, that the voting age in most democracies, including most member states in the EU, is also 18. Only Austria in the EU currently allows voting at 16, although we have heard that Scotland is now heading in that direction, and that it is just hours away from extending its franchise for Holyrood elections as well, as is their devolved and democratic right. I salute its ability to do that.

Hon. Members have pointed out the precedent of the Scottish independence referendum, which was of course based on the devolved right, as we have heard. It is also right that the decisions about the franchise for elections and referendums that take place throughout the United Kingdom should be taken by this Parliament, in the same way as decisions taken for the franchise for elections to Holyrood are taken by the Holyrood Parliament.