Northern Ireland (Executive Formation etc) Act 2019

Robin Walker Excerpts

Wednesday 8th January 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Robin Walker)]

I beg to move,

That this House has considered the Report pursuant to section 3(5) of the Northern Ireland (Executive Formation etc) Act 2019, which was laid before this House on Thursday 19 December.

I am taking this debate on behalf of the Secretary of State for Northern Ireland, who is currently in Belfast in talks with the Northern Ireland parties and working towards getting Stormont back up and running.

On 18 December, the Northern Ireland Office published on gov.uk a report setting out the latest position on progress on Executive formation, transparency of political donations, higher education and a Derry/Londonderry university, presumption of non-prosecution and troubles prosecution guidance, and the abortion law review. The Northern Ireland Office has laid copies of that report in both Houses now that Parliament has returned. Copies of all the previous reports are available on gov.uk. It was the seventh and final report published on these issues in line with our obligations under the Northern Ireland (Executive Formation etc) Act 2019.

It is this Government’s absolute priority to get Stormont back up and running before the 13 January deadline. Colleagues across the House understand the issues at stake here. Failure to restore the institutions will raise difficult and urgent decisions about the future governance of Northern Ireland. The Secretary of State remains in Belfast today to facilitate talks. All five party leaders remain positively engaged in the process, and our assessment is that it remains possible but challenging for the parties to secure a political agreement before the deadline. We all recognise how closely the deadline is looming. If 13 January passes without agreement, the Secretary of State will fall under a legal obligation to call an Assembly election. I am hopeful that, as we have heard in previous debates of this nature, Members from all parties will join me in urging the parties to come to an accommodation so that a restored Assembly and Executive can get on with resolving the real challenges that continue to frustrate the daily lives of the people of Northern Ireland.

Turning to the abortion report, the Government are working towards the laying of regulations for a new legal framework for the provision of abortion services in Northern Ireland, as required by the 2019 Act. The new framework will be in force by 31 March 2020. Women and girls who are seeking access to services in the meantime can do so in England free of charge, with all costs of the procedure, including travel and, where needed, accommodation, paid for by the Government. Arrangements can be made by contacting the central booking service, and we have published the contact telephone number and the services provided on gov.uk.

The public consultation on the legal framework for the provision of such services closed on 16 December. During the consultation period, officials continued engaging with health professionals, individuals who have been affected by the law, civil society organisations, and women’s groups—including Doctors for Choice, Alliance for Choice, Here NI and the Women’s Resource and Development Agency—on the proposals set out in the consultation document. We are currently analysing the responses, having received good levels of engagement from many different viewpoints. As was made clear in earlier debates and, indeed, the foreword to the consultation, we were seeking views on the question of how the framework can best be delivered in Northern Ireland, not on whether the reform should be happening.

The Government’s response to the consultation will be published in due course. We are happy to continue discussions with interested parties as the regulations are taken forward in line with the requirement under section 9 of the Act that the recommendations of the 2018 UN CEDAW Report are implemented in respect of Northern Ireland by 31 March 2020. The Government will continue to abide by our legal obligations.

On the presumption of non-prosecution and troubles prosecution guidance, reforming the legacy system in Northern Ireland remains a top priority for the UK Government. We will always owe a vast debt of gratitude to the heroism and bravery of the soldiers and police officers who upheld the rule of law and were themselves accountable to it. The Government are strongly opposed to our service personnel and veterans being subject to the threat of vexatious litigation in the form of repeated investigations and potential prosecution arising from historical military operations many years after the events in question.

The Government recognise the concerns that have been expressed about how the current system is operating in Northern Ireland and are committed to seeking the prompt implementation of the Stormont House agreement proposals on legacy in order to provide both reconciliation for victims and greater certainty for military veterans. Any legislation that improves the legacy system in Northern Ireland will need to be agreed by the UK Parliament and have the support of a restored Northern Ireland Executive. The Secretary of State for Northern Ireland is working closely with ministerial colleagues, the Northern Ireland parties and the Irish Government to that end.

We take very seriously the issue of transparency of donations to Northern Ireland parties. Northern Ireland parties are now subject to the same reporting requirements as other parties across the UK. That is a significant step forward, but the question of retrospectively opening up records from 2014 remains genuinely difficult. At a time when threats to elected representatives are all too common, we must be very careful that anything we do should not lead to intimidation against members of the public who donated to parties. We will consult the Northern Ireland parties in due course on any future change to the legislation, but I hope the House will understand that for now our focus must remain on securing agreement to restore devolved government to the people of Northern Ireland.

On higher education and a Derry/Londonderry university, there has been no progress since the last report on the subject, which was laid on 4 December. No business case has been submitted, so we are not able to assess proposals. The Government have been clear on their commitment to turbo-charging the economy and levelling up all regions across the UK. The Derry and Strabane city deal and the inclusive future fund, which formed a £105 million economic package for the north-west, is further evidence of that commitment. We are aware of the support that exists for the extension of higher education provision in the north-west, and this is another example of a project in Northern Ireland facing barriers due to the lack of devolved government. Restoring the Executive would remove blockages and, with Executive approval, allow funding to be unlocked for expanding higher education provision in the north-west.

Turning to payments to victims of troubles-related incidents, in October the Government launched a public consultation on a scheme for regular payments to, or in respect of, individuals living with serious disablement caused by troubles-related incidents. The proposed scheme is intended to provide acknowledgment to those injured in troubles-related incidents through no fault of their own. The consultation closed on 26 November. Responses are being carefully considered and will inform final decisions regarding the scheme. The consultation proposed not to make payments to individuals with a criminal conviction directly related to the incident in which they sustained the injury. We will make regulations by the end of January, as specified in the Northern Ireland (Executive Formation etc) Act 2019. The scheme will then be open for applications no later than the end of May 2020. Victims injured through no fault of their own deserve this form of acknowledgment and measure of additional financial support, which is a core element of the Stormont House agreement proposals to help address the legacy of the troubles. It remains vital that we make progress on this and related matters.

The Government are also under a duty to make regulations to provide for same-sex marriage and opposite-sex civil partnerships in Northern Ireland by 13 January 2020. On 23 December 2019 the Northern Ireland Office laid regulations before Parliament that mean that, from next week, on 13 January, same-sex civil marriage and opposite-sex civil partnerships will be lawful in Northern Ireland. Couples will therefore be able to register their intent to enter into such a relationship, with a minimum 28-day notice period required. Therefore, as previously stated, we expect ceremonies will be able to take place during the week of Valentine’s Day.

There are still two key issues on which we will be seeking the views of the people of Northern Ireland before we legislate further, namely same-sex religious marriage, together with the appropriate protections, and the right to convert from a civil partnership to a marriage, and vice versa. We want to consult on both matters in order to ensure that the legislation takes proper account of the specific circumstances in Northern Ireland and provides adequate religious protections. The consultation will seek views from religious bodies and individuals on how religious same-sex marriage will be provided for in Northern Ireland, and how protections can best be achieved. We also want to get the right approach for conversion entitlements for Northern Ireland, given the different approaches taken across the rest of the UK. The Government hope to be able to launch a short consultation on those two issues from mid-January, and we will bring forward regulations as soon as we are able to do so in 2020.

I am very pleased to have the opportunity not only to discuss these important matters but, more importantly, to hear from Northern Ireland Members, and I recognise the sincere and deeply held views on some of the topics discussed. In conclusion, I reiterate the Government’s undiminished commitment to see Stormont back up and running again. Northern Ireland needs its own locally elected representatives making decisions on local issues and making Northern Ireland’s voice heard across the UK.

--- Later in debate ---

[Fiona Bruce]

I thank the hon. Lady for making that really important point. It is because I am so concerned about a number of issues relating to these proposals, and I appreciate that the Minister may not be able to respond to our specific points today, I wonder whether he would be willing to meet me, the hon. Lady and other concerned colleagues about the potential extent of these changes. I also hope that he will reflect on the appropriateness of bringing forward proposals that do not undermine devolution any more than section 9 requires.

[Mr Robin Walker]

Given that I may have very limited time to respond in detail at the end of the debate, I want to say that I am very happy to meet my hon. Friend and the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) to discuss these matters further.

[Fiona Bruce]

I thank the Minister for that.

Lord Duncan said yesterday in the other place:

“There has been no registered growth in illegal or back-street abortions in Northern Ireland”—[Official Report, House of Lords, 7 January 2020; Vol. 801, c. 172]—

since the current law was repealed in October. Can the Minister confirm how the Government know this and that doctors are not carrying out abortions, since there is no requirement for them to notify the Government or the Northern Ireland Department of what they might or might not be doing at the present time?

--- Later in debate ---

[Mr Robin Walker]

I congratulate the hon. Member for Upper Bann (Carla Lockhart) on her excellent and powerful maiden speech and on making a clear and pronounced contribution to this House on her first outing. I am sure we will hear a great deal more from her in the months to come.

We have had a debate in which there has again been the consensus that we all want to see. We all want to see the devolved institutions restored and the agreements respected and seen through. I am grateful to the hon. Member for East Renfrewshire (Kirsten Oswald), who spoke for the Scottish National party, and to the Opposition spokesman, the hon. Member for Rochdale (Tony Lloyd), for their support for that position.

As ever in these debates, we have heard a wide range of opinions. In the previous debate, I was getting beaten up very heavily by pro-choice colleagues on the Opposition Benches. On this occasion, perhaps the voice was slightly louder from the pro-life people, who I am happy to meet to try to address their concerns further, to ensure that we take this forward in the best possible way and in a way that is respectful of the concerns in the community in Northern Ireland and more widely. We have to recognise that we are under a legal duty under section 9 of the Northern Ireland (Executive Formation) Act 2019, and we will be continuing to work to put in place the regulations by 31 March, providing access to abortion consistent with the CEDAW report.

The hon. Member for Rochdale asked what we could do if the Executive were restored. If that were to happen before 31 March, we would welcome discussions on the regulations that will be made, and questions on implementation, which of course will be taken forward by the Northern Ireland Department of Health. As these are devolved matters, any reform after March 2020 can of course be considered by the Executive and the Assembly, subject to such legislation complying with convention rights and the usual Assembly procedures. This is yet another of those issues where, if we want the concerns and views of people in Northern Ireland to be properly heard, we must ensure that the institutions are in place.

The hon. Gentleman asked about the legacy system, as did my right hon. Friend the Member for Forest of Dean (Mr Harper). I cannot give them specific dates at the moment, but I am happy to come back to them on that when I can. We want to work rapidly on this issue, and we are clear that the current system for dealing with the past has not been working well and needs to be reformed. We will continue to work with partners to seek better ways of dealing with legacy issues, to provide better outcomes for victims and survivors and to give veterans the protections that they deserve.

The hon. Member for Rochdale also asked about the historical institutional abuse. I am grateful for his support and that of the Opposition, as well as the support from across the House, in getting that legislation through before the election. It was important that we did so, and I know that he moved heaven and earth to ensure that we could do it, as did my Secretary of State. The Northern Ireland civil service has now established a project board, and work continues at pace to deliver the scheme. The head of the Northern Ireland civil service met the victims and survivors groups on 17 December and set out the timetable for redress. The application process for the redress appeals is open from the end of March 2020. I hope that provides some update on the issues that the hon. Gentleman raised.

The hon. Gentleman also raised the issue of business rates. Having been a territorial Minister in both Scotland and Northern Ireland, whenever I travel I hear concerns about business rates—as indeed I do in my own constituency. These are fundamentally devolved matters that need to be dealt with by the devolved Administration. He mentioned that there had been a recent valuation, and that there were concerns about that. I absolutely recognise that, and the best place for those concerns to be addressed and taken up is in the Northern Irish Assembly. That is yet another factor that means we want to get the Assembly back up and running.

On nurses’ pay, I have complete sympathy for what people are saying about how unacceptable it is that people should have to be out on strike. It was the decision of the previous Northern Ireland Executive to diverge from parity with England and Wales on health workers’ pay, but the UK Government stand ready to support a deal that will help to resolve the pay dispute. Once again, if we can get an Executive in place, we will work with them to ensure that that can be done, and that the urgent issues to which my right hon. Friend the Member for Forest of Dean alluded regarding the health situation in Northern Ireland are addressed.

As to my right hon. Friend’s further point about the legacy system, we will look at legislation at the earliest opportunity. It is clear that legislation to improve the legacy system in Northern Ireland will need to be agreed by the UK Government and have the support of the Northern Ireland Executive, which once again comes back to how critical it is that we get an Executive.

The hon. Member for East Renfrewshire (Kirsten Oswald) rightly spoke about the urgency and importance of talks to restore the institutions and pillars of the peace process, which everyone in this House is united in supporting. She was also rightly clear about the devolved nature of health in Northern Ireland, which is one of the reasons why we want to continue to lean into the talks and get devolution back up and running.

My hon. Friend the Member for Congleton (Fiona Bruce) made a passionate speech, speaking with her usual knowledge of this issue. She urged us not to go as far as the consultation suggests, but it is a consultation and a listening process, and we will engage with the responses before we come out with any formal Government response. I am happy to meet her to see how we can take on board her concerns, and I will write to her about any further people who have been involved in the consultation beyond those that I mentioned. Part of the reason why I mentioned those groups in my speech was because the Secretary of State talked in our previous debate about meeting Church groups, and we had objections from some Opposition Members that we were talking to Church groups but not necessarily women’s groups, so I wanted to put some of those groups on the record. She will recognise that it is important that we have also engaged with the royal colleges and medical professionals on those issues.

Returning to the fantastic maiden speech by the hon. Member for Upper Bann, she was clear about the strength of her community and her constituency’s attractiveness to tourists. I look forward to visiting, and I certainly hope to be able to make many more visits when I am in Northern Ireland in the near future.

We heard concerns from my hon. Friend the Member for North Dorset (Simon Hoare) and my right hon. Friend the Member for Forest of Dean about what could happen on 13 January if we do not deliver a successful outcome to the talks. It is clear that none of the options is attractive. We want to ensure that we can get the Executive back up and running and get an Assembly sitting in Northern Ireland to deal with such issues. That is why I share the hopes of many in the House that this is the last debate we will need on the 2019 Act.

Question put and agreed to.

Resolved,

That this House has considered the Report pursuant to section 3(5) of the Northern Ireland (Executive Formation etc) Act 2019, which was laid before this House on Thursday 19 December.