Ofsted: Accountability

Debate between Robin Walker and Ian Paisley

Wednesday 8th June 2022 Westminster Hall

[Mr Walker]

I recognise that point, and I recognise that my hon. Friend said that the school has not submitted a formal complaint. I will come to that school in a bit more detail in a moment.

Of the 320 complaints that were that were closed last year, 26% had an aspect upheld or partially upheld, which shows there is a degree of responsiveness in the complaints process. I encourage that school to submit a formal complaint so that its views can be taken into account. In most places where a complaint was upheld, that was because an aspect of the process could have been better or a small change was required to the report. In three cases, Ofsted decided to change the overall effectiveness judgment following complaint investigations, and five inspections were deemed to be incomplete, which in turn led to inspectors carrying out a further visit to gather additional evidence.

My hon. Friend and the hon. Member for Strangford raised questions about the complaints procedure. I am very interested to hear the detail of the survey that my hon. Friend the Member for York Outer conducted, and I will be happy to meet him to discuss it in more detail after this debate.

Ofsted gives careful consideration to its complaints procedures and introduced some improvements in September 2020 after consultation. As step 1 of the process, providers can now submit any comments on their draft reports—I believe my hon. Friend’s school will have engaged with that already. Inspectors consider them and write a response in a cover letter with the final report. Once the final report is issued to the provider, that opens the five-day complaints window, to which my hon. Friend referred.

A complaint received during that window triggers step 2 of the process. It means that the report publication is held until the complaint response is sent. Ofsted investigates the concerns and sends an outcome letter. Five days later, it publishes the inspection report with any changes identified in the outcome letter. If a complainant remains dissatisfied on receipt of the step 2 letter, they have 15 working days to request an internal review. That review will consider whether Ofsted’s policy or procedures on handling complaints were followed correctly at step 2, based on available information from a step 2 investigation.

At the end of a review, a panel will discuss how the complaint was handled and come to a final decision. Panels are never held in the region where a complaint is from to ensure added independence. Where available, the panel includes an external attendee, such as a head- teacher or a nursery manager.

If the provider remains dissatisfied, it can then complain to the independent adjudicator to Ofsted, appointed by the Secretary of State, and the adjudicator will consider Ofsted’s handling of the case and come to a view on it. Ultimately, as my hon. Friend said, schools and providers have the option to pursue a judicial review, although I absolutely accept that there is a high bar to that, and we hope that is not where most people need to go.

My hon. Friend asked whether I knew the number of cases that had gone to judicial review. I have to be honest: I do not, but I do have some figures, which are hopefully helpful to him, on the complaints reviewed by the independent adjudicator. The numbers are small. For example, there were 13 in 2019, 17 in 2020 and six in 2021. The adjudicator consistently reports that Ofsted takes very seriously any recommendations put forward. In 2021, none of the six cases were upheld, and there were no recommendations for the inspectorate to improve its complaints arrangement.

My hon. Friend, totally understandably and quite rightly, has spoken up for and championed a small rural school in his constituency, as any of us would want to do as MPs championing our constituencies. The Department absolutely recognises the importance of rural schools and the need to maintain access to good local schools in rural areas. Rural schools are often at the heart of their communities, which is why there is a presumption against the closure of rural primary schools. The possibility of closure would be a hugely difficult issue for all involved. The legislation requires that decisions be made by local authorities, which are required to follow a well-established statutory process, including a period of representation when they must gather comments and opinions from affected groups, and they must consider them during the decision-making process.

Our national funding formula reform has meant that the funding schools attract through the sparsity factor has more than doubled from £42 million in 2021-22 to £95 million this year. That is one of the ways we are supporting rural schools.

My hon. Friend rightly raised concerns about the length of the gap between the 2007 inspection and the more recent one. It is absolutely vital that we remove the exemption to ensure that schools and parents have an up-to-date assessment of the quality of education being provided in every school. I would have made that change myself on my appointment, but I was very pleased to find that the decision had already been taken by my predecessor. I think it was not before time. The Government were rightly concerned that over time the exemption was starting to lead to a loss of confidence in the outstanding grade, particularly as many exempt schools were judged outstanding under previous Ofsted inspection frameworks. Over time, we have increased expectations in order to raise standards across all schools. Ofsted’s new framework presents a tougher test for a school to be judged outstanding. It is also the case that Ofsted is focusing at this time on those schools that have gone longest without inspections, including those that have gone a decade or more without inspection.

Where Ofsted inspects and finds a school is no longer outstanding, it makes a point in the report to recognise that the declining grade is not necessarily a reflection of the work of the current leadership in the school. The vast majority of former exempt outstanding schools inspected since September 2021 have been judged either outstanding or good.

I recognise the case that my hon. Friend the Member for Central Suffolk and North Ipswich has raised regarding Thomas Mills High School. I will raise the issue with Her Majesty’s inspector when we next meet. However, I should reflect that in the many debates I have listened to and attended over the years, I would be pressed hard to make sure that we did emphasise the importance of safeguarding.

I am happy to discuss with my hon. Friend the Member for York Outer all the opportunities in the White Paper on how to attract strong trusts to his area. He also asked about guidance and support. We have been looking at revised guidance on behaviour and attendance, and at clear guidance on keeping children safe in education to support governors and school leaders to navigate their responsibilities more effectively.

My hon. Friend raised concerns about the outcome of the inspection at Naburn primary school and the implications for the future of the school. Our priority is always to ensure that pupils receive a high standard of education. That is why the regional schools commissioner, acting on behalf of the Secretary of State, will take responsibility for ensuring that an inadequate maintained school becomes a sponsored academy as swiftly as possible.

Our expectation is that schools with directive academy orders convert within nine months. In the case of Naburn primary school, following an Ofsted judgment of inadequate and the subsequent issuing of a directive academy order, all parties are acting quickly to support the school, particularly as safeguarding concerns have been identified. The local authority, the Department for Education and Ofsted are in agreement that the standards at Naburn were not good enough, as pupils did not have access to high-quality provision. The Ofsted inspection report from December 2021 indicated that the school curriculum is not developed and does not meet the needs of pupils, that the teachers do not have high expectations for all pupils and that there is not a strong culture of safeguarding at the school. This does put pupils potentially at risk.

The Ofsted report also notes that the local authority identified the school as being vulnerable in 2019 and gave leaders extra support. However, the support provided has not prevented the overall decline. The local authority knows that intensive support is now needed in order to ensure the quality of education becomes acceptable. The diocese agrees with the local authority that there are significant areas of the school’s work that need improvement. There are a number of strong trusts already operating in the York area that collaborate well across the York Schools and Academies Board, but we need to be realistic about some of the challenges that my hon. Friend has raised on the viability of the school, given the small number of pupils currently on roll and the lack of applications for September. This is a small school with 57 pupils on roll and at 66% capacity. At this point, there are two sponsors who have conducted due diligence on Naburn primary and early indications for sponsorship are promising. Should a potential sponsor be identified, that sponsor will need to explore options it might take to rapidly bring about the necessary changes at the school.

The Department has made it clear that school closures are necessary only in exceptional circumstances, which are detailed in our statutory guidance. We will continue to work with my hon. Friend and with the local authority to try to make sure that this situation reaches a good outcome for the school and the community that he represents.

I have tried to cover a lot of ground this afternoon, and I hope I have addressed some of the specific points raised by hon. Members in what has been a thought-provoking discussion. I take into account the concerns that have been raised. I want to make sure that we explore fully the outcomes of the survey that my hon. Friend has conducted and discussed today.

I have outlined the various lines of accountability for Ofsted which, taken together, provide what I believe are appropriate checks and balances, with Ofsted being answerable to Government and Parliament and to its statutory board, but at the same time having appropriate and demonstrable independence in carrying out its work. Its independent insight and judgment remain just as important today as they were 30 years ago, perhaps even more so as we seek collectively to ensure that all children, pupils and students are able to recover following a period of substantial disruption to their education and lives more generally. Ofsted has its part to play—a key part, as I have outlined—and while we must never be complacent, I believe that the accountability mechanisms are in place to allow for appropriate challenge and support as it carries out its work.

[Ian Paisley (in the Chair)]

Thank you, Minister. I think that is one of the longest speeches a Minister has ever made in response in a 90-minute debate in this Chamber. I saw his Parliamentary Private Secretary twitching—he was going to send one of those notes, but he resisted. Mr Julian Sturdy, you have the opportunity to wind up the debate.

Northern Ireland Protocol: Implementation Proposals

Debate between Robin Walker and Ian Paisley

Wednesday 18th November 2020 Commons Chamber

[Mr Walker]

My hon. Friend is right about the huge importance of flexible and imaginative solutions to deliver on this. That is something to which the EU is committed and the UK is absolutely committed. He is right, of course, that Northern Ireland is as much a part of this United Kingdom as his constituency.

[Ian Paisley (North Antrim) (DUP) [V]]

Under this protocol, the European Union appears to have even more say on trade and services within the United Kingdom than when we were actually members of the EU. It is dictating that Northern Ireland cannot benefit from VAT margins, as already discussed. It is dictating higher food prices to Northern Ireland, which will increase poverty. Unfettered access will be hindered because of more red tape and the additional costs outlined today. Indeed, in the Northern Ireland Affairs Committee, we heard this morning from the Justice Minister in Northern Ireland about how she is completely out of the loop when it comes to the negotiations on how we manage criminality and justice matters. Will the Minister admit that this protocol is a complete and total disaster and that it should be set aside if it damages good business between Northern Ireland and GB? The Secretary of State previously spoke on this matter. Will he match his busting at words with busting at action?

[Mr Walker]

The hon. Gentleman will know that he and I do not agree on the protocol, and I gently point out that the protocol very clearly applies to goods but not to services.

Oral Answers to Questions

Debate between Robin Walker and Ian Paisley

Wednesday 30th September 2020 Commons Chamber

[Mr Walker]

My hon. Friend is absolutely right, and it is an opportunity to look ahead towards a bright and prosperous future for Northern Ireland. It is a chance for people across the British Isles and abroad to celebrate the progress made while showcasing the people and places that I have so enjoyed getting to know since my appointment last year.

[Ian Paisley (North Antrim) (DUP)]

The Minister will be aware that I put a written proposal to the Treasury about a commemorative celebratory coin for Northern Ireland in its 100th anniversary year. Perhaps the Minister would take the opportunity to elaborate on what progress has been made on that celebratory coin for our nation, and will he elaborate on what the Treasury has told me, which is that the Government will use this opportunity to promote Northern Ireland on the world stage and celebrate its people, culture, traditions and enterprise because we have made such a vital contribution to this United Kingdom?

[Mr Walker]

I am sure that the hon. Gentleman and I are in firm agreement that we should mark this historical centenary in a way that facilitates national recognition and international awareness. Specifically regarding a commemorative coin, this is a matter for the Treasury. It is a proposal that I have shared with ministerial colleagues previously, and I am very happy to explore it with them further. On the international dimension, he is absolutely right. We will be working with the Department for International Trade and our colleagues at the Foreign Office to ensure that promoting Northern Ireland around the world is an opportunity that is taken during this centenary.

United Kingdom Internal Market Bill

Debate between Robin Walker and Ian Paisley

Monday 21st September 2020 Commons Chamber

[Mr Walker]

I will make a little progress.

Clause 42 is in keeping with what the Government have constantly said, including public commitments from the Prime Minister, our manifesto commitments and commitments to the people of Northern Ireland. It is clear from the protocol that it is for the UK to implement unfettered access. Declarations of the sort that would be disapplied through this clause would be contrary to the recognition in the protocol that Northern Ireland is part of the customs territory of the United Kingdom.

Clauses 43 and 44 provide a similar safety net in the case of EU state aid rules that will apply in the UK by virtue of the protocol. Clause 43 gives the Secretary of State the ability to ensure there is no ambiguity in UK law about the interpretation of article 10 of the protocol, which provides that EU state aid rules will apply in respect of goods and electricity traded between Northern Ireland and the EU. A clear interpretation of how they will apply may be needed in the interests of legal certainty for both public authorities granting subsidies and companies throughout the UK receiving support. There is a risk that a maximalist interpretation of article 10 of protocol by the EU, which was never intended but is none the less a risk we must protect against, could give the European Commission extensive jurisdiction over subsidies granted in the rest of the UK, known as reach-back. All the subsidies granted to the services sector in Northern Ireland could be caught even if there is no link, or only a trivial one, to a goods provider.

[Ian Paisley (North Antrim) (DUP)]

Absolute clarity and certainty is required on this state aid issue. For example, will traders in Northern Ireland be able to benefit from subsidy paid by the EU, will they be able to benefit only from subsidy paid by the UK, or will they be able to benefit from both? If it is both, that would certainly address the issue of the best of both worlds, but I think it is an absolute nonsense, because it will not be allowed to happen. Can the Minister clear up that matter immediately? Will the European Union, or our predatory neighbour to the south of Ireland, be able to stop Northern Ireland benefiting from free ports that could be given to Northern Ireland? Would they be able to block that? Clarity on those issues is absolutely essential.

[Mr Walker]

The hon. Gentleman raises some important points. It is for the Secretary of State for Business, Energy and Industrial Strategy to use the powers in the Bill to take further steps in setting out the UK’s state aid policy. As the hon. Gentleman will recognise, the UK also has a policy on free ports, which we absolutely want Northern Ireland to be part of, so perhaps that is for future debates.

Let me be clear: the Government’s position is that EU state aid rules will apply in Northern Ireland as long as the protocol is in place in respect of goods and electricity, as agreed, but we have to give businesses the certainty that they will not face the destabilising prospect of the European Commission applying its state aid rules to companies in Great Britain with no link, or only a trivial link, to Northern Ireland. The power in the Bill allows the Business Secretary to make provision for how article 10 is to be interpreted for domestic purposes.

Oral Answers to Questions

Debate between Robin Walker and Ian Paisley

Wednesday 24th June 2020 Commons Chamber

[Ian Paisley (North Antrim) (DUP)]

What support he is providing to help attract major sporting and cultural events to Northern Ireland in 2021.

[The Minister of State, Northern Ireland Office (Mr Robin Walker)]

Northern Ireland has a rich sporting and cultural heritage and is a great setting for any event, as proven by the success of the Open last year. While any decision to bid to host major events is a matter for the Executive, my officials are in regular contact with the Department for Digital, Culture, Media and Sport and their devolved counterparts to support UK-wide events.

[Ian Paisley]

The United Kingdom’s involvement in next season’s world rally championship is currently very uncertain: nine of the 11 rounds have already been chosen and GB is not currently part of that choice. The WRC promoter has previously spoken about the need to rotate Rally GB into Northern Ireland, where most of the competitors wish to participate. Can the Secretary of State save WRC? Will the Secretary of State assist by co-funding the event with the Northern Ireland Executive during our centenary year?

[Mr Walker]

The hon. Gentleman in a consistent and passionate advocate of hosting a round of the world rally championship in Northern Ireland. We can safely say that if it does come to Northern Ireland, he will have been a driving force. In the “New Decade, New Approach” agreement, the Government have already pledged up to £2 billion to help the Executive to deliver on behalf of the people of Northern Ireland, but I would be very happy to support the Executive to foster closer ties and better collaborative working across sectors of the UK to attract the WRC and a portfolio of other events to Northern Ireland.

DRAFT LOCAL ELECTIONS (NORTHERN IRELAND) (AMENDMENT) ORDER 2020 DRAFT REPRESENTATION OF THE PEOPLE (ELECTRONIC COMMUNICATIONS AND AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2020

Debate between Robin Walker and Ian Paisley

Monday 8th June 2020 General Committees

[Mr Walker]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I apologise to the Committee for arriving a few moments into the sitting, having just come from a Division down the corridor. With your permission, we are taking both these election-related statutory instruments together. I hope that as neither is particularly contentious, we will not detain the Committee too long.

The draft Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020 will amend the existing legislative framework for canvass in Northern Ireland to allow electors to respond to the canvass digitally, using the existing online registration system. Registration applications and canvass returns require substantially the same information, but because online registration is a relatively new development in Northern Ireland, our existing canvass regulations do not allow the use of electronic returns.

The Northern Ireland canvass is not an annual event and is not as light touch as it is in Great Britain. When a full canvass is conducted in Northern Ireland, it is not sufficient for an individual to note that their registration details have not changed; each individual must complete a full registration application or canvass form.

It makes sense that the law is now changed to allow the chief electoral officer to accept registrations made on the UK online registration system rather than requiring all individuals to fill out a paper application form. It is worth noting that online registration is already hugely successful and popular in Northern Ireland. The option to register online was extended to Northern Ireland in 2018, and since then over 80% of people registering have chosen to register using the digital service, rather than using a paper form. That compares favourably with Great Britain, where the most recent figure was about 75% of applicants using the online service.

However, I can reassure hon. Members that people will not be required to use the digital system. Nothing in this legislation will remove the paper-based canvass regime that we have always used, and that system will remain for those who wish to use it. Nevertheless, we know that a growing majority of people now expect to be able to interact with public services online. These regulations allow people the option of using the online registration service if they wish to do so.

[Ian Paisley (North Antrim) (DUP)]

Does the Minister agree that for these provisions to really take good effect, what has to follow them is investment in our electoral offices around the country? I am talking about investment in training of staff, in access to staff and in more telephone availability when people ring up with queries. The Minister is absolutely right that the measures have been a partial success, but there have been glitches. It is important that those glitches be ironed out, and they cannot be ironed out on the cheap, but only with investment in our electoral offices.

[Mr Walker]

The hon. Gentleman makes a powerful point. Of course we need to ensure that these services are properly supported. I will come to the fact that of course part of what these reforms will achieve is to make the service more efficient. That should in itself release funds for the investment that he speaks about.

These changes make administrative sense. The register for Northern Ireland stands at 1.3 million people, and not having these regulations allowing people to use the online service to register would mean posting out 1.3 million paper forms with return post envelopes—a huge undertaking. Reducing the number of forms issued will save money, streamline the administrative process and save a good deal of wasted paper.

Importantly, the changes will make canvass more efficient and allow the chief electoral officer and her staff more time to focus on encouraging under-registered groups to engage with canvass and get on the register. I hope hon. Members agree that the changes, which will make it easier for people to register, allied to increased efficiency, are very welcome.

The draft regulations make provision for a slight amendment to the stages to be undertaken by the chief electoral officer as part of the next canvass, which will take place in 2021. Under the new provisions, a new first step will apply in the canvass process. From no earlier than 1 July in a canvass year, the chief electoral officer will send out a leaflet to all homes explaining the importance of canvass and asking people to go online and register. It will also explain that forms will be posted shortly for those who want to apply on paper. In this way, we hope to encourage a good many of the public to simply register online.

Following that first leaflet, the usual chasing cycle of canvass will proceed as it has previously. Addressed forms will be sent to every individual who has not already responded, chasing letters will be issued and, finally, canvassers will be sent door to door to non-responders. Every effort will be made to explain the importance of being on the register and to capture as many registrations as possible.

I should also say that current legislation allows the chief electoral officer to retain on the register, for up to three years, individuals who fail to respond to canvass, if she is content that data-matching shows their details have not changed. That provision was originally for a two-year retention after the 2013 canvass, but it was extended to three years to cover the 2016 Assembly election. The regulations move the retention period back to the original two years.

In addition, the regulations also make a number of more minor technical amendments in relation to canvass, such as ensuring that an individual’s unique digital registration number is issued or reissued, as appropriate, to people registering for the purpose of canvass.

Finally, the regulations also make a small technical amendment in relation to recall provisions. During the recall petition held in Northern Ireland in 2018, it became clear that there was an inconsistency in provisions concerning the marked register and how it could be accessed. The draft provisions mirror the position for parliamentary elections, enabling the chief electoral officer to allow access to the marked register when appropriate.

Registration and canvass are the foundation of our democratic system, and I am happy to tell the Committee that the implementation of digital registration for canvass is fully supported and welcomed by the Electoral Commission and Northern Ireland’s chief electoral officer. I should also say the regulations have been approved by the Information Commissioner’s Office. I hope that hon. Members agree that the introduction of digital electoral registration for canvass is another step towards modernising the delivery of elections in Northern Ireland and that they will support the regulations.

The draft Local Elections (Northern Ireland) (Amendment) Order 2020 will amend the existing legislative framework for local elections in Northern Ireland so that it is no longer a requirement for a candidate’s home address to be disclosed and published during an election.

It used to be an accepted part of local elections across the UK that candidates standing for election to local councils would be required to disclose their home address; that address would be printed on the ballot paper. The provision was designed to demonstrate the local connection of a candidate, which has always been an important aspect of our local government system.

Sadly, however, we are all too aware that intimidation and threats are now part of the lives of too many elected representatives. As a consequence, it is no longer proportionate to require candidates to make public their home address in order to stand for public office. It is already the case that there is no requirement to disclose publicly home addresses at parliamentary or Assembly elections in Northern Ireland, nor in most other elections across the UK. The draft order will provide consistency by removing the requirement for all candidate home addresses to be published for local elections in Northern Ireland. Candidates will be able to choose whether they wish their home address to be included on nomination papers, consent to nomination forms and the ballot paper.

The hon. Member for Rochdale, who is not able to join us today, raised this issue with the Secretary of State at the time of the last local government elections. I hope he in particular will welcome this provision.

Nevertheless, when voting for candidates in local elections, electors have a right to know that each candidate has a tie to the local area. To balance that right with the aim to provide protection for candidates, the draft order will ensure that candidates are required to provide their home address on a separate home address form. The home address form will not be made public and will be used by the chief electoral officer to confirm that the candidate has the required local connections.

Hon. Members will wish to note that the provisions do not alter the requirements for a local connection. As has always been the case, anyone wanting to stand as a local councillor in Northern Ireland must be on the electoral register for that council area or, broadly speaking, have owned or rented land or lived or worked in the area for the preceding year.

If a candidate indicates on the home address form that they do not wish the address to become public, it will not be included in any published documents. In such cases, the ballot paper will show the area that the candidate’s address is in. For the vast majority of candidates, that will be the local government district in which their home is situated. That is a small change, which will do nothing more than bring local elections in Northern Ireland into line with other elections. However, as I am sure hon. Members will agree, it is an important change. It is critical that, where possible, we remove any barriers that can inhibit individuals from engaging in the public democratic life of our country.

In addition to removing home addresses from ballot papers, the order also makes provision to remove the legislative requirement that candidate’s surnames be printed in all capital letters on ballot papers. That will ensure that a candidate’s name on the ballot paper can appear as the candidate would normally spell it. So, for example, where a capital letter is not usually at the beginning of the name, as is sometimes the case with Irish names, that can be accurately reflected on the ballot paper.

Finally, the order will remove the requirement that local councils be described as district councils on the ballot paper. It will provide instead that the council can print its official name and describe itself as, for example, a borough or city council, as appropriate.

The draft order is about engagement and helping to ensure that as many people as possible feel able to be part of the democratic process without feeling intimidated. It is about letting people who stand as candidates have their names spelled as they would usually spell them and allowing councils to describe themselves on ballot papers by the name they are commonly known by. I hope that members of the Committee agree that the provisions, while technical, are important, and that both statutory instruments are, in their way, a step towards modernising the delivery of elections in Northern Ireland, and that they will support them.

Abortion (Northern Ireland) (No. 2) Regulations 2020

Debate between Robin Walker and Ian Paisley

Monday 8th June 2020 General Committees

[The Minister of State, Northern Ireland Office (Mr Robin Walker)]

I beg to move

That the Committee has considered the Abortion (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020, No. 503).

I welcome your chairmanship, Sir David, and I thank the House staff for the work they have done to make this Committee Room safe for Members in the current difficult circumstances.

In proposing this debate, I recognise that this issue is a contentious and difficult one, and that there are strong opinions on all sides. I respect the deeply held views that Members will bring to this debate, and I am glad that the decision of the usual channels to allow a free vote on the issue will allow all Members to vote according to their conscience. However, I remind colleagues that in carrying out the instructions of this House of Commons from another vote last year, the Government are doing no more than meeting their legal duty.

We previously made the Abortion (Northern Ireland) Regulations 2020, which came into force on 31 March 2020, to set out the new legal framework for the provision of abortion services in Northern Ireland. Those regulations were also made under the affirmative procedure, and were required to be debated by 17 May 2020 to remain in force as law. However, the unprecedented situation created by covid-19 has impacted on parliamentary processes, and virtual voting systems were not yet fully implemented. We therefore took the decision to remake the regulations and give Parliament an additional 28 days to consider and scrutinise them properly, given the nature of this policy. This approach has ensured that the law on abortion in Northern Ireland continues to apply, with no risk of a gap or legal uncertainty, and that services in Northern Ireland can continue on the same legal basis as they have started operating within the new legal parameters.

[Ian Paisley]

The Minister has stressed that he is following a legal duty. If that is the case, I would like him to put on the record which treaty obligations he is in breach of if he does not pursue the implementation of a Committee on the Elimination of Discrimination against Women recommendation. I believe that we are in breach of no treaty, and that he is under no legal obligation to do what he is doing.

[Mr Walker]

The hon. Gentleman mentions treaties, but I did not; I mentioned a legal obligation, under which the House of Commons has placed us through section 9 of the Northern Ireland (Executive Formation etc) Act 2019. As he will know, as a result of an urgent question last week, we debated at some length the fact that we were bringing this forward, and I provided answers as to why we were doing so, rather than—as some in his party suggested—repealing section 9. I think this is a perfectly rational approach to delivering on the commitments that the House has placed on us under the 2019 Act.

--- Later in debate ---

[Ian Paisley]

Is it not disingenuous to say that the regulations mirror what happens in GB? In GB, if what the Minister describes were to occur, a person would face imprisonment from up to five years to life. In the Republic of Ireland, that person would face up to 14 years’ imprisonment. In Northern Ireland, the very maximum that anyone would face for breaching this criminal law would be a fine of level 5, which is about £2,500. Is it not the case that the regulations do not mirror legislation, but liberalise that legislation?

[Mr Walker]

As I said, we set out in our response to the consultation the detail of how each of the decisions in this process was reached. We recognise that the situation ante this regulation in Northern Ireland was that the Northern Ireland (Executive Formation etc) Act 2019 had already removed the criminal sanctions, so we were under an obligation to create a framework, then reimpose criminal sanctions outside of that framework. That is the way in which we have addressed this.

We are clear that this is a situation in which CEDAW requires us to ensure that women and girls cannot be prosecuted for these regulations, and the regulations should not have—as, unfortunately, it was clear from some of the consultation responses, the criminal law previously did have in Northern Ireland—a chilling effect on availability, nor erect any barriers to access.

Abortion Regulations: Northern Ireland

Debate between Robin Walker and Ian Paisley

Thursday 4th June 2020 Commons Chamber

[Mr Walker]

I absolutely respect my hon. Friend’s views, but I disagree with him about the regime being more liberal than in the rest of the UK. We set out the detail of that in our response to the consultation and the detailed reasoning that the Government have provided in that respect. However, it is in the hands of the Assembly to propose reforms and a way forward on the regulations, so long as it can do so in a way that is CEDAW compliant. I would be very happy for it to take that opportunity. There is nothing to prohibit it doing so, and it is a matter of regret that, having been in place for a number of months before the regulations came into force, it has not. However, my firm understanding of the advice that the Government have received is that the legal obligations on us to ensure a human rights-compliant model in every part of the UK, including Northern Ireland, remain in place.

[Ian Paisley (North Antrim) (DUP)]

The Minister has to be absolutely clear about this. CEDAW does not require legislation for a full-term terminations. CEDAW does not require regulations for disability terminations. CEDAW does not require regulations for sex-selection terminations. That is that what is going to happen in Northern Ireland as a result of what has occurred in this place. On Tuesday, 78 MLAs, from a total of 90, rejected the CEDAW recommendations in a series of votes in the Assembly, whether the Minister likes it or not. They were right to do that, and if the Minister really wants to respect the Assembly, and indeed this place, he should urge the Assembly to go back, give it the space it needs and allow it to legislate on these matters and come to its own conclusions. That is the democratic thing to do, the right thing to do and the appropriate thing to do, and it is in line with what the hon. Member for Walthamstow (Stella Creasy) said when she addressed the House on 9 July last year. I urge the Minister to allow that to happen and not brush this hideous vista under the carpet.

[Mr Walker]

Again, I respect the hon. Gentleman’s view, but the Government have been clear about what we are legally required to do under the EF Act. That has not changed. We have to bring in a set of regulations that comply with CEDAW, which specified that in cases of severe foetal impairment there would have to be the ability to have terminations. As the hon. Gentleman will recognise, many of those cases become apparent only late in term. It was therefore necessary to address that CEDAW requirement in the way that we have. However, I encourage the Assembly to engage with this issue and ensure that it can in future assess details of the framework and look at aspects of the issue to meet the rights obligations constructively. Any consensus that can be built in the Assembly on those matters would be extremely welcome

Victims of the Troubles: Payment Scheme

Debate between Robin Walker and Ian Paisley

Thursday 4th June 2020 Commons Chamber

[Mr Walker]

My hon. Friend is spot on, and it is really important to recognise that the way in which this scheme has been set out has taken account of all shades of opinion. It has engaged with all communities and with victims’ groups on all sides, and our response to the consultation reflects that. It is one of the reasons why any hurdle at this stage is really unacceptable, and we should be getting on and delivering it.

[Ian Paisley (North Antrim) (DUP)]

I congratulate the shadow Secretary of State on getting this important matter on to the Floor of the House today. There was no Northern Ireland Government from 1972 until 1998. These victims were made during a period of extended direct rule, and these victims were made all across the United Kingdom. I welcome the letter today that the Minister has referred to: it blames Sinn Féin. For the first time, the Government have called Sinn Féin out on an issue. I welcome them doing that, but it would be completely incompatible with reality if—as I understand Mr Shawcross has recommended—payments were made to victims of Gaddafi-sponsored terrorism and yet our victims, who have a piece of legislation made in this place, cannot have money drawn down to them that they are completely entitled to. So I plead with the Minister to stop using Sinn Féin as an excuse now, break the logjam, push Sinn Féin out of the way and administer this money to victims all across the United Kingdom immediately.

[Mr Walker]

As always, the hon. Gentleman makes his case very powerfully, but he will recognise that the Executive committed to delivering a scheme of this nature six years ago and received a generous financial contribution connected to New Decade, New Approach and other provisions. It has revenue-raising capabilities, and it must make funding available for this scheme, which everyone agrees should exist. As I said earlier, the Shawcross report is being analysed by my colleagues at the Foreign Office, and I cannot go into any detail on its contents at this stage. But we all agree that we want to move this forward, and we all agree that the money should be made available as quickly as possible. That money can be made available as soon as the designated Department is sorted.

Oral Answers to Questions

Debate between Robin Walker and Ian Paisley

Wednesday 18th March 2020 Commons Chamber

[Mr Walker]

The right hon. Gentleman makes a very good point. As he will know, the Prime Minister announced new funding to overhaul bus links in England and made a commitment to at least 4,000 new zero-emission buses. We want to work with the industry to ensure that those buses are flowing through to orders to all those UK companies, including, as he says, Wrights in Ballymena.

[Ian Paisley (North Antrim) (DUP)]

I agree whole- heartedly with the question that has just been asked. On an immediate strategy for bus builders and bus operators, the Government could underwrite Transport for London, Birmingham buses, Translink and National Express, encourage them to make the orders that they have already indicated that they wish to make over the next year, and put at least £100 million of liquidity into manufacturing in Northern Ireland and across the UK overnight. That would cost the taxpayer nothing— they are paying for this anyway—but it would allow manufacturers to continue and employees to have surety of employment and the ability to put bread on the table. I urge the Government to adopt this strategy.

Northern Ireland Economy and Innovation: Government Support

Debate between Robin Walker and Ian Paisley

Tuesday 29th October 2019 Westminster Hall

[Ian Paisley]

The way for the Minister to succeed in that is to ensure that the Government here put money into hydro tech and allow hydro companies to produce the resource. He must see the way ahead as not just battery power but hydro power.

[Mr Walker]

The hon. Gentleman makes his bid strongly, as I would expect. I will ensure that that is passed on to the Treasury and other relevant Government Departments. Indeed, we have heard a number of bids during the debate, not all of which I can necessarily answer. Obviously, however, there are a number of opportunities coming to deal with some of those things.

People in Northern Ireland also benefit from the changes that people throughout UK enjoy that have been delivered by the Government, including an increase in the national living wage that benefits about 75,000 workers, and a fuel duty freeze for the ninth successive year that saves the average driver a cumulative £1,000 compared with under the pre-2010 escalator. Following the terrible fire in Bank Buildings, owned by Primark, in August 2018, the UK Government provided £2 million to support the recovery and regeneration of Belfast city centre in the constituency of the hon. Member for Belfast South. I am pleased that much of the city centre has been rebuilt and has reopened after that fire.

As the hon. Lady mentioned, the UK Government announced a £675 million future high streets fund to support local areas in England to develop and fund plans to make high streets fit for the future. As high streets funding and business rates are devolved, the Barnett formula was applied to Northern Ireland in the usual way, as she noted. It is for the Department of Finance and Northern Ireland civil service permanent secretaries to determine how that money should be spent.

I join the hon. Lady in wishing that we had a restored Executive and in encouraging all the politicians in Northern Ireland to come together to bring the Assembly back, so that decisions can be taken on those issues and they can move forward. Hon. Members may be aware that the Government introduced the Northern Ireland Budget Bill today, which is required to place the Northern Ireland budget, presented in February 2018, on a legal footing. Delivering that legislation demonstrates the UK Government’s commitment to providing good governance for the people of Northern Ireland in the continued absence of the Northern Ireland Executive, but of course, we all want the Executive to be restored.

Businesses in Northern Ireland can benefit from UK Government initiatives, including the British Business Bank, which has supported more than 1,200 small and medium-sized enterprises in Northern Ireland with £80 million since November 2014. In the last year, more than 1,000 loans, valued at £7.3 million, have been granted to Northern Ireland businesses. Northern Ireland businesses also have access to UK Export Finance, which has provided nearly £33 million of support for exporters in Northern Ireland. I absolutely commend the collaborative efforts of Invest NI and the UK Department for International Trade to support Northern Ireland exporters to trade across the globe and to attract investment into Northern Ireland. I join the hon. Lady in paying tribute to the work of Alastair Hamilton and in wishing his successor every success in the years to come.

As the hon. Lady will recall, the UK Government’s Board of Trade met in her Belfast constituency earlier this year, which was the first time it had met in Northern Ireland in its 400-year history. The global success of Northern Ireland firms was celebrated, with several Northern Ireland companies receiving their well-deserved Board of Trade awards.

Our prosperity and ability to build a strong economy depends on how we encourage innovation, develop high-quality jobs and skills, and support businesses throughout the UK to thrive and grow. Innovative businesses across Northern Ireland are a huge part of its success, including Armstrong Medical, which I had the pleasure of visiting at a Causeway chamber of commerce business roundtable recently.

As we have heard, Northern Ireland has globally admired universities and research institutions, such as Queen’s University Belfast and Ulster University, because we have nurtured our intellectual powerhouses with public investment. The industrial strategy challenge fund supports innovation UK-wide and has allocated £12 million in Northern Ireland to date, including specific investments in Queen’s University Belfast.

Several hon. Members have touched on the controversies about EU exit. I do not have time to respond in detail to all those points, but I will say that we need to be absolutely clear that Northern Ireland leaves the EU with the UK, and we need to make sure that trade between us continues unfettered. The hon. Member for Belfast South made the point very well about the enormous importance of the UK internal market, which we absolutely want to protect. Northern Ireland continues to be a top destination for inward investment, and we will work with Invest NI to ensure that that continues.

I recognise the hon. Lady’s comment that shared prosperity is shared opportunity. She made the case extremely well on behalf of Northern Ireland business, and I commend her for her efforts.

Northern Ireland (Executive Formation etc) Act 2019 Section 4

Debate between Robin Walker and Ian Paisley

Monday 30th September 2019 Commons Chamber

[Mr Robin Walker]

We have heard a range of views in the debate, but I think that everyone has been saying one thing: we want the devolved responsibilities to be fulfilled properly by a devolved Assembly and Administration, and we want Northern Ireland’s legislation to be properly updated. I have listened to the considered views expressed by the hon. Member for Swansea East (Carolyn Harris), my hon. Friend the Member for Congleton (Fiona Bruce) and a number of Northern Ireland Members, all of whom have reached that conclusion.

We can welcome some small steps taken to regulate online gambling more effectively, such as the Gambling (Licensing and Advertising) Act 2014, but I note the concern expressed by the hon. Member for Belfast South (Emma Little Pengelly) about the enforcement of that legislation. The hon. Member for Strangford (Jim Shannon) asked myriad questions about steps being taken and enforcement, and I am of course happy to write to him with as many responses as I can give, but not all the answers necessarily lie within the remit of the Northern Ireland Office today; we will need to consult colleagues in other Departments and in the Northern Ireland civil service. He mentioned the work being undertaken by the Department for Communities, which is indeed welcome, but of course the fact remains that the last ministerial decision taken in the Executive was to not go ahead with legislation, so under the terms of the Northern Ireland (Executive Formation) Act 2019, it is difficult to see how civil servants could do much further work on legislation.

It comes back to what the hon. Member for North Antrim (Ian Paisley) was saying: we want these issues to be decided in a Northern Ireland Assembly by a restored Executive. There are important issues to be dealt with. The hon. Gentleman voiced concern about paramilitary clubs and pubs running fixed odds betting terminals. Any evidence of that should be reported to the PSNI. The Department for Communities says it has no evidence of FOBTs in either pubs or clubs, but if that is a concern, clearly it should be taken up with the police.

A number of hon. Members mentioned the welcome announcement of 14 gambling clinics in England. Health is a devolved matter in Northern Ireland, and with the extra money going into the NHS and the Barnett consequentials of that, investment in these areas is possible, but I recognise from the debates in the other place the strong feelings about existing pressures in the health system in Northern Ireland. Progress could be made on all these matters by a restored Executive and Assembly, and we want to see them in place as soon as possible.

[Ian Paisley]

The Minister is making some very relevant points. He was to be in Northern Ireland last week for a walkabout—I was looking forward to welcoming him to Ballymena. I would encourage him on his next visit to Northern Ireland to speak to the police and for them to arrange for him to have an overview of where these illegal activities take place. I would not encourage him to visit those locations—he might be able to walk in, but walking out may be a problem—but I would encourage him to talk to the police about those places and to see and hear for himself the problems that exist.

[Mr Walker]

I am very happy to take the hon. Gentleman up on that invitation. I was disappointed not to be able to be in his constituency last week, but I look forward to future visits. We have reached a clear conclusion: people would like to see action taken on these issues by a restored Assembly and Executive. We will ensure that all steps are taken to put that Assembly and Executive in place as soon as possible.

Question put and agreed to.

Resolved,

That this House takes note of and approves the Report pursuant to Section 3(11) of the Northern Ireland (Executive Formation etc) Act 2019 - Gambling, which was laid before this House on Wednesday 4 September.

Exiting the EU: Sectoral Impact Assessments

Debate between Robin Walker and Ian Paisley

Wednesday 1st November 2017 Commons Chamber

[Mr Walker]

I am grateful for the right hon. and learned Gentleman’s acknowledgement. As he says, that list was published in response to the Lords EU External Affairs Sub-Committee report on Brexit and the trade in goods. A copy was placed in the Libraries of both Houses and is available for all to see.

[Ian Paisley (North Antrim) (DUP)]

Will the Minister give way?

[Mr Walker]

In a moment.

As set out in the document we published, we estimate that the 58 sectors covered account for around 88% of the UK economy, so they provide a comprehensive framework from which to analyse the entire economy. We believe that that approach to structuring our analysis has helped us to cover all relevant parts of the economy. Given that that list has been published, we feel that the first part of the motion has been addressed. The second part of the motion calls for the impact assessments arising from the sectoral analyses to be provided to the Exiting the European Union Committee.

--- Later in debate ---

[Mr Walker]

I am happy to confirm to the hon. Lady what I have already said about the form of the document’s publication. Yes, it was an Opposition day motion, but interestingly it was a Government amendment on an Opposition day which the Opposition accepted and which was supported by both sides of the House. The right hon. and learned Member for Holborn and St Pancras has repeated his acknowledgement of that principle today.

I wish to take a moment to highlight several conflicting responsibilities for Ministers with respect to the request that impact assessments be published.

[Ian Paisley]

Is it the Minister’s understanding from what the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) said from the Front Bench that not only did he not bother to consult the Select Committee members before he made his proposal, but that he does not appear to have consulted the Chairman of that Committee, the right hon. Member for Leeds Central (Hilary Benn), yet he has drawn up this wheeze as a way of trying to get these documents out anyway?

--- Later in debate ---

[Mr Walker]

The motion has not yet been carried. I will absolutely take note of the decisions of this House, as Ministers always do, and we will respond in due course.

[Ian Paisley]

rose—

[Hannah Bardell]

rose—