Northern Ireland (Executive Formation and Exercise of Functions) Bill

Paul Girvan Excerpts

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

[Karen Bradley]

At the moment I need to get this legislation through, then I can bring the parties together. The hon. Lady is right that the petition of concern was discussed during the last talks process. What I cannot say is what will be discussed in the next talks process.

[Paul Girvan (South Antrim) (DUP)]

On the question of decisions and what are believed to be non-controversial issues, senior civil servants were not making decisions on the back of the Buick ruling, and I want to ensure that those civil servants will be given the cover, under this legislation, to go ahead and deliver on issues that are not controversial, such as broadband, which needs to be delivered to rural areas.

[Karen Bradley]

It is precisely because of the uncertainty since the Buick judgment that we are bringing forward this legislation. I do not want to be bringing this Bill forward; I would much rather not be standing here at this Dispatch Box, taking the Bill through the House, because I would much rather that there were Ministers in Stormont making the decisions on behalf of their constituents; but there are not, and faced with the reality of the situation, I have to do what I consider to be best for the people of Northern Ireland, to ensure that their public services can continue, and that civil servants can continue to take the essential decisions in the public interest that they need to take.

It is vital that Members read the guidance alongside the legislative measures, as it clarifies the legal basis for the decisions.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

rose—

[Paul Girvan (South Antrim) (DUP)]

rose—

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

May I just say to the two gentleman that we need to bring on the Front Benchers just before quarter to?

--- Later in debate ---

[Paul Girvan (South Antrim) (DUP)]

It is with great sadness that we are here today, debating yet another Bill that should not have to be brought to this House. Unfortunately, we are in this position because of the intransigence of one party, as has been outlined by many speakers. Sinn Féin had the opportunity to go into an Assembly with us; it will not. I am not necessarily saying that we should be dealing with talks. I think that we should recall the Assembly, and that those who are willing and want to be there should be there and take part in business. That might bring about a need to change the way in which the Assembly is set up, but—let’s be honest—we can move things whenever we have to.

This legislation is about allowing civil servants to make decisions, although many such decisions have been challenged. I appreciate that this comes on the back of the Buick ruling, associated with the Mallusk incinerator site—I use the term “incinerator” because that is what it is—and because of that, we have ended up with many civil servants looking for reasons not to make decisions, instead of for reasons to make them. Unfortunately, the people of Northern Ireland suffer as a result.

It is vital that we move forward positively. We do not want to go back to where we were in the past, as has been mentioned by previous speakers. We have moved on quite a bit in the last 20 years; we do not want to go back, nor do we want to be held to ransom by the implementers of some of the troubles or those who brought about some of the atrocities in our Province.

There are difficulties associated with some of these decisions. Many are simple, straightforward and uncontroversial—many of which are associated with major infrastructure. The difficulty is that people have attempted to put something in this Bill that is very controversial to people of Northern Ireland, and we should not be trying to muddy the waters on that matter. I appreciate that it is a difficult situation, and that many people have suffered because they are having a baby who may be born with a life-limiting condition. I understand and appreciate that, but we should not have to attach it to this Bill. If we get an Assembly up and running, these decisions should be made there. These items should not be made red lines before entering into a Government; they should be debated on the Floor of a Northern Ireland Assembly and addressed democratically through that process.

We missed another opportunity in not including something associated with the past—the way that the military have been hounded in relation to what happened when they were trying to bring about peace in Northern Ireland. They were there as custodians of the British Government to ensure that we were able to sleep in our beds at night.

[Mr Gregory Campbell]

My hon. Friend refers to our esteemed and brave members of the military. There is a lot of talk about heroes of the peace process—does he agree that they are the real, unsung heroes of the peace process?

[Paul Girvan]

I have to agree with my hon. Friend—that is 100% right. I am from a family who have been affected directly. Many members of my family served in Northern Ireland. Unfortunately we suffered as a consequence of that and are still suffering today.

We have missed a shot in moving these matters forward. However, I do appreciate the work that has gone into trying to bring forward something that will potentially provide an opportunity for some decisions to be made. Not that many weeks ago, we passed a pay rise for the teachers. There was an excuse that that cannot be passed across to Northern Ireland, but we will get a Barnett consequential in the next Budget should we have a mechanism to pass that pay rise on. I believe that this Bill will give civil servants and permanent secretaries the opportunity to make those decisions and pass on those pay rises, which are long overdue.

We have had a long debate on this matter. I hope and pray that this will be the last time that we have to bring to this House such a piece of legislation that would normally be addressed in the Northern Ireland Assembly. Let us hope and pray that we have that Assembly up and running, making decisions, in the near future.