Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Peter Kyle Excerpts

Consideration of Lords amendments
Monday 7th February 2022 Commons Chamber

[Peter Kyle (Hove) (Lab)]

I welcome the Minister to his place in leading on this important Bill, which has taken on great significance due to the resignation of the First Minister of Northern Ireland. I thank colleagues from across the House who served in Committee and those in the other place who worked to secure the necessary amendments that we are discussing today.

The Belfast/Good Friday agreement is one of Labour’s most important political legacies. We therefore welcome attempts to safeguard power sharing and improve the sustainability of the Executive, the Assembly and the institutions, which have collapsed previously and are in crisis once again. The Bill emerged from a cross-party commitment made in the New Decade, New Approach deal, which was signed over two years ago. I pay tribute to the considerable work and achievements of the right hon. Member for Skipton and Ripon (Julian Smith) in negotiating that deal, which thankfully returned a functioning Executive in time to serve the people of Northern Ireland during the pandemic. It is a crying shame that the Government did not treat legislation that flowed from that agreement with the same priority as those who negotiated it. Because of the two-year delay in reaching this point, we have found ourselves in a situation where this Bill is being treated as emergency legislation whose retrospective powers will be activated immediately on Royal Assent.

New Decade, New Approach was about strengthening the institutional framework on which politics in Northern Ireland can be built in the coming period. By leaving it so late, Ministers have allowed it to be perceived as keeping the wheels turning for as long as possible before they come loose. The delay is symptomatic of an approach to Northern Ireland where promises are constantly allowed to drift. The amendments before us today were drafted to deal with a hypothetical power vacuum that has become a reality due to the Government’s lack of focus on the political deterioration in Northern Ireland. They will remove the requirement for the Secretary of State for Northern Ireland to set a date for an election if the positions of First Minister and Deputy First Minister are not filled by the end of this week.

That these amendments were accepted by the Government in the Lords is an admission that the delayed passage of this Bill was negligent. The instability caused by a First Minister resigning is unsettling for all of us who cherish the Good Friday agreement and believe that its institutions and the principles that underpin it represent the best way forward for Northern Ireland. As ever, that instability has been most keenly felt by the people of Northern Ireland. It is regrettable that a political crisis in one of our United Kingdom’s devolved legislatures is not on the front page of every national newspaper.

[Tony Lloyd (Rochdale) (Lab)]

My hon. Friend is making an excellent speech. Does he agree that in that light, because there now is a crisis, it is astonishing that we have not seen any Government Minister come to the Dispatch Box to make a statement on the Government’s policy? That would have been in the interests of everybody, whatever their views.

[Peter Kyle]

I am grateful for the service to the people of Northern Ireland that my hon. Friend has given from the Labour Front Bench over the years. He makes a very pertinent point. I was flabbergasted, on a Friday during a real crisis in Northern Ireland, to see the Secretary of State for Northern Ireland tweeting about “Game of Thrones” and not the situation that was unfolding. That was a negligent approach to the situation and to the responsibility that the Northern Ireland Secretary has to be present. There are several Secretaries of State with responsibility for negotiating, commenting on and making policy that has a profound impact on the people and politics of Northern Ireland. The fact that none of them has come to this place to answer questions in recent days is negligent.

[Sir Edward Leigh (Gainsborough) (Con)]

This crisis has been caused by the ongoing negotiations over the Northern Ireland protocol. Given that traditionally the Opposition have worked with a degree of consensus with the Government on Northern Ireland matters, will the Opposition support the Government if they act unilaterally on the protocol in order to ensure the unity of the United Kingdom, which surely the Labour party agrees with as much as us?

[Peter Kyle]

The consensus that needs building is between political parties in Northern Ireland. The Prime Minister has now been revealed as having been making promises and pledges to parties in Northern Ireland and failing to meet them, which I think is what underpins the failure we see in Northern Ireland at this time.

[Sammy Wilson]

Will the hon. Gentleman give way?

[Peter Kyle]

I am going to make some progress, because I am coming to aspects of what we have been commenting on that I think the right hon. Gentleman will want to intervene on more pertinently.

We are here to talk about Lords amendments, but I will stray on to other areas simply because of the lack of availability of Ministers to answer questions in this place.

[John Redwood]

Will the hon. Gentleman give way?

--- Later in debate ---

[Peter Kyle]

I will make progress, and then I will take more interventions.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I hesitate to interrupt the hon. Gentleman, but I must remind the House, lest he be tempted to take too many interventions, that we have only one hour for this—until 8.40 pm. He certainly has not taken too long so far, but I just want to protect him from the temptation.

[Peter Kyle]

Thank you, Madam Deputy Speaker; your protection is always welcome. I try my best to defend myself and to embrace as many interventions as possible, while bearing in mind that other Members from Northern Ireland also need to speak in the debate.

Power sharing is a fundamental outcome of the peace process. The Belfast/Good Friday agreement is not an abstract. Strand 1 details the envisioned day-to-day functioning of the Northern Ireland Assembly and Executive.

The support for power sharing among the public in Northern Ireland is resolute. As Professor Tonge said in an evidence session on this Bill:

“Devolved power sharing is overwhelmingly a preferred option that comes back from each of those surveys—never larger, it should be said, than in 2019, which might be seen as remarkable given the hiatus in devolution from January 2017 until just after the election in December 2019. So the public have never lost faith with devolved power sharing. They have continued to support it.”––[Official Report, Northern Ireland (Ministers, Elections and Petitions of Concern) Public Bill Committee, 29 June 2021; c. 7-8.]

People in Northern Ireland are now emerging from a profound health crisis. Constituents in all parts of the United Kingdom are facing a cost of living crisis and huge public service challenges—multiple crises. For all political leaders in Northern Ireland, these are priorities that people want to be addressed in the coming weeks, in addition to valid constitutional issues, which must be resolved, as a result of the protocol that this Government negotiated and signed.

Lords amendments 1 and 2 allow the Bill to have an immediate commencement and for its provisions to apply if it receives Royal Assent during the seven-day Executive formation period following a First Minister or Deputy First Minister resignation. The Labour party fully supports the Lords amendments, but it is disappointing that the optimism of the New Decade, New Approach deal has not been realised.

[John Redwood]

In the light of these Lords amendments for a crisis, does the hon. Gentleman not think the crisis has been brought on by the EU interfering in the internal market of GB and Northern Ireland and diverting trade, and would he urge the EU to step back so that we can get back on track?

[Peter Kyle]

What is holding us back is people continually re-fighting the battles of the past. We need to build a better future, and we can do that only if we are facing the future, unlike the right hon. Gentleman. Instead of a break from the past, the Government have dragged us back into the Brexit quagmire, as he and others seem hell-bent on doing, which has directly led to the Bill being needed with immediate effect.

Northern Ireland has often been a secondary issue for this Government. When the consequences of decisions taken by Ministers have played out in Northern Ireland, the Government have behaved as though they found themselves at the scene of an accident over which they had no control. This bystander effect peaked last week. The Northern Ireland Secretary and the Foreign Secretary both pretended that the Northern Ireland protocol was purely a matter for the Executive, but in reality it was part of a deal drafted, negotiated and signed by the Prime Minister, and the legal duty to uphold that deal rests with the EU and UK Governments. Ministers cannot wash their hands of it as easily as they pretend.

Now the First Minister has resigned, with the protocol and broken ministerial promises playing a central role. The manner and impact of the resignation raise serious questions that must be addressed. I have sympathy for the position in which the Democratic Unionist party has been placed. The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), in frustration, revealed that the Prime Minister told him that the current protocol negotiations have only a 30% chance of success. If that is the case, do the Government have a plan B? Have Departments worked up impact assessments and action plans for the eventuality or possibility of article 16 being triggered?

The people of Northern Ireland and the political parties have been given promise after promise by the Prime Minister and his Ministers, some of them fundamental and existential, such as the promise of no border in the Irish sea. It is no wonder that frustrations have boiled over, that trust in this Government is at rock bottom and that we find ourselves in this moment where hope seems so distant.

We have just discovered that the Northern Ireland Secretary is flying to Washington tomorrow. That is right: the Secretary of State will get in a plane and fly right over Northern Ireland on his way to Washington. That says everything we need to know. There is no one with the stature required in this Government, so he has to go to America to find a grown-up to be the honest broker they need.

While the Labour party welcomes this legislation and has supported its progress at every stage, we cannot pretend that it has an answer for how the Executive will be reformed if more progress is not made in protocol negotiations. It is hard to know whether the ongoing negotiations with the EU are a priority, because after three rounds of negotiations there have been no statements on progress made to the House. Considering the vital importance of those negotiations to the immediate circumstances in Northern Ireland, I hope the Foreign Secretary can come here and make a statement without any more delay. The political parties in Northern Ireland deserve such an update on the record—we have had enough nods, enough winks and enough back-handed promises that are never met and do nothing more than destabilise the fragile political settlement.

The Bill was supposed to deliver greater resilience in the institutions established under the 1998 Belfast/Good Friday agreement, but once again their fragility has been highlighted. Too often, Northern Ireland has been overlooked and the work to deliver on the promise of peace allowed to stall. While the Labour party supports the Bill and hopes it receives Royal Assent in time to be effective, it is worrying how much of it may already be obsolete. The provisions of the Bill alone cannot enable stability. To do that, Ministers must take responsibility for their words and actions, which have shaken faith within Northern Ireland. It is time that this Government, from the Prime Minister down, are seen to care about their words, promises and actions in a vitally important part of our United Kingdom, and to directly work on a way back for the Executive.

[Julian Smith (Skipton and Ripon) (Con)]

I support the amendment that will ensure that the Bill has immediate effect. That is a positive one, as is the new clause outlining the transitional arrangements that mean if the Bill gains Royal Assent this week, the powers in it, and in particular the provisions to allow for a longer caretaker Administration, will kick in seven days prior to Royal Assent. That means they will apply from last week and ensure that the pull-out last Thursday by the First Minister is subject to the longer caretaker period.

Some questions remain, however. Why has this Bill taken so long to come through Parliament? A simple, quick Bill to protect power sharing is finally enacted, two years after the New Decade, New Approach deal and nine months after it was first introduced to this House.

Is it really just coincidence that the seven-day retrospective power, which ensures that last week’s pull-out is covered by the newly introduced transitional provision clause, was introduced to the Lords last month? People across Northern Ireland have concerns and questions about how involved the Government were in last week’s decision by the First Minister to leave power sharing. I would be grateful if the Minister could explain the context of last week’s pull-out from the UK Government’s point of view and how the retrospective amendment just happened to be put in place weeks ago and now fits perfectly with events as they have panned out. We need honesty on that, but we also need clarity on a couple of other points. Why did the Secretary of State for Northern Ireland state last week that the UK Government might not uphold their international obligations? Is that really the Government’s position? I am sure it is not the Minister’s position.

On the Foreign Secretary’s visit to Belfast the previous weekend, why did she apparently not meet all parties across the political spectrum? How does that fit with Good Friday agreement obligations on treating all communities with respect?