Oral Answers to Questions

Debate between Robin Walker and Jeffrey M Donaldson

Wednesday 21st July 2021 Commons Chamber

[Mr Walker]

The UK Government have already done a great deal through the movement assistance scheme, which was introduced to support and assist traders with new requirements, including meeting the costs of more than 7,000 export health certificates and 2,000 phytosanitary certificates. There is also the Trader Support Service, with more than £200 million of funding, which educates traders on the new customs processes. We have invested in new digital assistance schemes to digitise the process for agrifood movements. I am sure that the hon. Gentleman will agree that we should engage in good faith to improve the working of the protocol and make sure that it delivers on what was intended without the implications on everyday life for people in Northern Ireland.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Does the Minister agree that goods moving between Great Britain and Northern Ireland within the UK internal market should not be subjected to EU-imposed checks? What steps will he take to protect the economic integrity of the UK?

[Mr Walker]

I am grateful to the right hon. Gentleman for his question. It was always clear that the protocol was a delicate balance designed to support the peace process in the agreement; if it is to work, it must operate in a pragmatic and proportionate way, balancing its objective to support the peace process. It needs to respect the needs of all Northern Ireland’s people—respecting the fact that Northern Ireland is an integral part of the customs territory of the United Kingdom and that it needs to bear as lightly as possible on the everyday life of Northern Ireland. That means, as he said, that goods that are not at risk of going into the European Union should not be facing checks and should not be facing that disruption. This is one of the issues in which we want to engage, but, of course, I do not want to pre-empt the Secretary of State’s statement later today.

[Sir Jeffrey M. Donaldson]

I thank the Minister for that reply. Does he also agree that any new arrangements entered into with the EU that involve Northern Ireland must respect the principle of consent that is at the heart of the Belfast agreement? That means that any new arrangements must protect the constitutional integrity of the United Kingdom and Northern Ireland’s place within the UK.

[Mr Walker]

Yes, I wholeheartedly agree that it is essential that we recognise that the Belfast agreement itself recognised Northern Ireland’s place in the UK by the consent of its people, and that the principle of consent is absolutely central to that.

The Government are working hard and in good faith to find solutions. We have provided many papers to the EU, and we welcome indications that it is looking at further solutions. We are working to find solutions, and the Government will set out further detail on their approach to the protocol later today. I do not want to pre-empt that, but I agree with the right hon. Gentleman on the principle.

Northern Ireland Protocol: Implementation Proposals

Debate between Robin Walker and Jeffrey M Donaldson

Wednesday 18th November 2020 Commons Chamber

[Mr Walker]

My hon. Friend is spot on. It is also important that both parties to the protocol bear in mind the wording in that protocol about protecting the everyday life of people in Northern Ireland. That is absolutely crucial to this, and it is something that we should both be working to deliver.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

The Minister will be aware that the protocol enables the UK Government to act unilaterally where that is necessary to protect the economy of Northern Ireland. In relation to the single market Bill and the Finance Bill, will he assure the House that he will bring forward those proposals and measures that are necessary to protect Northern Ireland’s place in the internal market? Does he recognise that there is cross-party and cross-community support for a period of time for the implementation of those measures, to allow our businesses, supermarkets, and others to prepare properly?

[Mr Walker]

The right hon. Gentleman makes an incredibly important point. He mentioned our approach to the return of the UK Internal Market Bill to the Commons and a Finance Bill later this year, and although I do not have specific control of that, I am happy to make those commitments to him and to all parties in Northern Ireland. It is crucial that we resolve these issues, and he has set out one of the most sensible ways to do that.

Abortion Regulations: Northern Ireland

Debate between Robin Walker and Jeffrey M Donaldson

Thursday 4th June 2020 Commons Chamber

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the abortion regulations for Northern Ireland.

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

As the Minister responsible for this policy area, I shall answer the question.

The Government originally laid the Abortion (Northern Ireland) Regulations 2020 in Parliament on 25 March on the provision of abortion services in Northern Ireland. The regulations came into force on 31 March 2020 and became law on access to abortion services in Northern Ireland. The regulations were originally required to be debated by 17 May 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 in time for the regulations to be debated in both Houses. Therefore the Abortion (Northern Ireland) (No. 2) Regulations 2020 were laid and came into force on 14 May, revoking the earlier regulations. That gives Parliament an extra 28 days to consider and scrutinise the regulations properly, given the nature of this policy.

This approach has ensured that the law on abortion in Northern Ireland itself, a requirement specified by the House in the Northern Ireland (Executive Formation etc) Act 2019, continues to apply with no risk, gap or legal uncertainty, and services can continue on the same basis in Northern Ireland as they are currently operating. The regulations are due to be debated in the House in a Delegated Legislation Committee on Monday 8 June and in the Lords after that. I understand that a committee has been empanelled to consider the regulations. I welcome the fact that the right hon. Gentleman’s party will be represented on that committee so that its voice can be heard. That will be the appropriate time for a full debate on the regulations.

[Sir Jeffrey M. Donaldson]

I thank the Minister for his response. When this House voted for section 9 of the Northern Ireland (Executive Formation etc) Act, it was argued that Parliament had the right to legislate on abortion in Northern Ireland in the absence of a functioning Assembly. However, that Assembly has now been restored for almost five months, so it is absolutely not the right way forward for Parliament to vote on the regulations. That point is greatly strengthened by the fact that not only has the Assembly been restored, but on Tuesday this week it voted in a motion by an absolute majority to reject these unamendable regulations. An absolute majority of the Assembly of 90 Members voted to reject them. The will of the people of Northern Ireland has spoken.

The Government have said that their hands are tied because the law is clear: they must bring the regulations forward for a vote in Northern Ireland. However, having taken legal advice at the highest level, I discovered that the law is not at all clear on that. There is actually as good a legal argument that the Government are under no such obligation. In that regard, I note the submissions of huge importance to the Secondary Legislation Scrutiny Committee from two QCs who also argue that the Secretary of State is under no obligation to press the regulations to a vote. To do so will fundamentally breach the devolution settlement and cause a constitutional predicament of the Government’s own making.

The Secretary of State would also be well advised not to bring the regulations to a vote because they sanction abortion for non-fatal disability up to birth, something that around 75 Members of the Assembly this week voted against. It is unthinkable that the Government should present such a discriminatory provision, which was not even required by CEDAW.

As Heidi Crowter, the very powerful disability rights campaigner with Down’s syndrome has said:

“I would now call on the Government not to ask MPs and peers to vote for regulations that contain discriminatory provisions that tell people like me that we should not exist.”

I today would do the same. The Government should withdraw the regulations, respect the fact that devolution has been restored and, rather than seek to further undermine devolution, allow the Northern Ireland Assembly its rightful place to legislate on its own abortion law.

[Mr Walker]

I recognise that this is an issue on which the right hon. Gentleman and his party, as well as many others in Northern Ireland, have deeply held views, and I know that it is an extremely sensitive issue that many across the House have a deep interest in. I do not intend to rehearse matters of detail that we will rightly address in the Committee that has been convened to scrutinise the legislation.

The Government were placed under a statutory duty to deliver abortion law for Northern Ireland by implementing the recommendations of the CEDAW report. That duty came into effect, given that the Executive was not restored by 21 October 2019. That followed many months, if not years, of the issues receiving ongoing attention at Westminster on human rights grounds, including parliamentary questions, Committee inquiries, amendments to other legislation requiring the Government to report, and so on, leading to this particular amendment being voted through with a significant majority.

The statutory duty in section 9 of the EF Act did not fall away with the restoration of the Executive, nor with the making of the initial regulations that came into force on 31 March 2020. That is why we have had to re-lay the new regulations. Even if the regulations had not been approved by Parliament in time, or the deadline had not been met, the Government would still be under a statutory duty to introduce new regulations.

We have always been clear, when we consulted on this, that the consultation was about how we would deliver an abortion framework for Northern Ireland in line with the statutory duty that Parliament placed the Government under. It was not on whether the Secretary of State should be exercising this duty in the first place. That matter was decided by this sovereign Parliament. We think that, following the consultation and the publication of the Government’s response to that consultation, we have struck the appropriate balance in providing a framework that can be effectively commissioned in Northern Ireland and meet the needs of women and girls, as well as providing certainty and clarity for the medical professionals providing the service. We have always been clear that, in doing so, we would be respectful of the restored devolved institutions.

We hope that the regulations provide a solid framework for abortion services to be provided within Northern Ireland, although I appreciate that this remains a devolved issue and the Assembly can amend the regulations in future, subject to the usual Assembly and other procedures, including compliance with the European convention on human rights. Repealing section 9, which I know some in the right hon. Gentleman’s party have asked for, has never been a viable solution. This would have required primary legislation before Westminster, which would have been subject to a free vote on grounds of conscience, but we would still have a legal obligation to propose an alternative human rights-compliant model by 31 March to ensure we complied with convention rights.

Similarly, if the Executive and Assembly were to legislate for an alternative approach, it would still be required to be human rights and convention-compliant. I recognise that the Assembly did debate one aspect of the regulations on Tuesday—severe foetal impairment—and passed a motion stating that it does not support the provision allowing for abortions in cases of severe foetal impairment without time limit. While I respect the Assembly’s right to state its position on this, it does not have any bearing on the legal obligations that have been placed on us by this Parliament. Unfortunately, the motion that the Assembly debated and backed proposed no solution that would deliver a CEDAW-compliant regime in this regard.

The sensitive issue of severe foetal impairment has long been debated over many years right across the UK, and I recognise the strength of feeling on all sides of the debate, many of which have been expressed in this House over recent years. The Government are, however, under a clear statutory duty to allow for access to abortions in cases of both severe foetal impairment and fatal foetal abnormalities, and this is what we have delivered. This is also consistent with the provision in the rest of the UK under the Abortion Act 1967. We consider the regulations in this regard to be compatible with the requirements under the United Nations convention on the rights of persons with disabilities.

We recognise that these are difficult decisions, particularly so far as fatal foetal abnormalities or severe foetal impairment are concerned, which often occur late in wanted pregnancies, and it is right that women have the time to be able to make individual informed decisions, based on their own health and wider circumstances, in consultation with medical professionals. Putting in place proper support and provision of information to support women in making these informed decisions, including where women want to carry such pregnancies to term, is an operational issue for the Department of Health in Northern Ireland to take forward, as part of commissioning and overseeing abortion services as a new health service, consistent with the regulations. We have written to the Department on this point and stand ready to support it.

The Government stand ready to provide whatever support and guidance we can to both the Northern Ireland Minister of Health and the Department of Health to assist them in progressing work to set up these abortion services in line with the new legislative framework. I look forward to debating the detail of that framework next week.

Oral Answers to Questions

Debate between Robin Walker and Jeffrey M Donaldson

Wednesday 18th March 2020 Commons Chamber

[Mr Walker]

The Government are under a clear duty to deliver abortion reform for Northern Ireland, consistent with section 9 of the Northern Ireland (Executive Formation etc) Act 2019, which requires that evidence-based protocols are adopted for the provision of services in Northern Ireland. Those regulations will be laid, and the deadline for that is the end of this month.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

In the current circumstances, the priority of my party is to protect human life, including that of the unborn child. The Minister will be aware of concerns expressed by members of my party, including the First Minister, about the decision to press on with regulations on abortion in Northern Ireland, despite the Assembly being restored and this being a clear breach of the devolution settlement. Will the Minister heed the calls from Northern Ireland politicians for this matter to be dealt with by the Assembly, not this Parliament?

[Mr Walker]

I recognise the strong views on all sides on this issue. I also recognise the constitutional challenge, but the deadlines within which we have to act were clearly set by Parliament. It was clear that if the Assembly was not in place by the deadline in October, the Government would be under a legal obligation to lay the regulations by March. That is the obligation under which we are acting.

Oral Answers to Questions

Debate between Robin Walker and Jeffrey M Donaldson

Wednesday 5th February 2020 Commons Chamber

[Mr Walker]

My hon. Friend raises some important points. Northern Ireland’s tourism potential is enormous. I can confirm that, as was previously committed, the Government are reviewing the devolution of APD, and that review is ongoing.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

We welcome the success of Invest NI and others in attracting investment to Northern Ireland, but it is essential that we continue to have unfettered access to our biggest market, which is Great Britain. Economic growth is dependent on that and we need the Government to honour their commitments to ensure that we continue to have that access in both directions.

[Mr Walker]

I absolutely recognise the importance of the issues that the right hon. Gentleman raises. We will honour our commitments and have committed, through the “New Decade, New Approach” deal, to specific legislation on the issue. I look forward to working with the right hon. Gentleman and the other parties on delivering that.

[Sir Jeffrey M. Donaldson]

Will the Minister indicate the timescale within which the Government hope to bring forward legislative measures? It is essential that business has the certainty that it needs at this time to take investment decisions.

[Mr Walker]

As the right hon. Gentleman will know, the commitment is to have the legislation in place by the end of the year, but there will of course have to be discussions through the usual channels as to the precise timing.

European Union (Withdrawal) Bill

Debate between Robin Walker and Jeffrey M Donaldson

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Mr Walker]

I am grateful to the hon. Gentleman for his intervention, and for his comment earlier. I agree that we should continue to work on this issue in a bipartisan way, and not just in a bipartisan way but with all parties in Northern Ireland, and with the hon. Member for North Down, in taking this issue forward and providing all assurances that the legal protections in international law and the Northern Ireland Act, as well as all our commitments under the Belfast agreement, are met.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

rose—

[Mr Walker]

I will give way to the right hon. Gentleman, but this is the last one on this issue.

[Sir Jeffrey M. Donaldson]

May I just say to the Minister that I have not had a single email, letter or phone call, or any contact, from my 100,000 constituents in Northern Ireland asking me to vote for this new clause? The idea that people in Northern Ireland are sitting back with bated breath waiting for the new clause of the hon. Member for North Down (Lady Hermon) to be passed so that the Good Friday/Belfast agreement can be secured is unreal.

[Mr Walker]

The Good Friday/Belfast agreement is and will continue to be secure.

I want to move on, and will turn to amendment 89, tabled by the hon. Member for Arfon (Hywel Williams), along with amendments 313 to 316, tabled by the hon. Member for Aberavon (Stephen Kinnock). These amendments would prevent UK Ministers from being able to use powers in the Bill in areas of otherwise devolved competence. Additionally, the hon. Member for North East Fife (Stephen Gethins), whom we have heard from today, has tabled amendments 161 to 163, which would require the consent of devolved Administrations for UK Ministers to exercise their powers in devolved areas.

I would like to take this opportunity to stress a simple but important fact: the concurrent powers in the Bill do not undermine the devolution settlement. Rather they give the UK Government and devolved Administrations the tools required to respond to the shared challenge of ensuring the operability of our statute book in a collaborative way. This reflects current practice. Concurrent functions have always been a normal part of our devolution arrangements and they are an important tool in ensuring that we can work together in the most efficient way. Take, for instance, new schedule 3A to the Government of Wales Act 2006, which lists no fewer than 34 laws containing concurrent functions for UK and Welsh Ministers, including powers to make subordinate legislation. We should not forget that section 2(2) of the European Communities Act 1972 is concurrent and is routinely used to make a single set of regulations to implement directives relating to devolved matters, such as the Marine Strategy Regulations 2010. Removing the concurrent tool would remove the vital flexibility from which we and the devolved Administrations already benefit in preparing our statute book. Such flexibility and greater efficiency will be crucial if we are to achieve the considerable task ahead of having a complete and functioning statute book on exit day.

Amendments 161 to 163, tabled by the hon. Member for North East Fife, would add to the process additional layers that have not previously been needed for equivalent powers by requiring consent from devolved Ministers. This might render the Government and the devolved Administrations unable to ready the statute book for exit day, and they therefore threaten the legal certainty that the Bill is meant to deliver.

Let me remind Members on both sides of the Committee that the Government have already committed that we will not normally legislate to amend EU-derived domestic law relating to devolved matters using any of the powers in the Bill without the agreement of the devolved Administrations. The powers build on the existing successful ways of working between the UK Government and the devolved Administrations, and the Government have committed to this ongoing collaborative working. I therefore urge those hon. Members not to press their amendments.

I now turn to amendments 158, 159, 318, 320 and 321, tabled by the hon. Members for Cardiff South and Penarth (Stephen Doughty) and for Aberavon. Taken together, the amendments would prevent amendment of the devolution statutes using the powers in clauses 7 to 9 and 17. In addition, amendment 160, in the name of the hon. Member for North East Fife, would require the consent of Scottish or Welsh Ministers if the Scotland Act 1998 or the Government of Wales Act 2006 were amended using the power in clause 9.

I want to start by saying that I have listened to and I am grateful for the debate we have already had on these amendments both in this Parliament and in Committees in other Parliaments. The Committee is right to pay careful attention to any changes to the devolution settlements, so I thank the hon. Members who have tabled these amendments and the Committees of the devolved legislatures that have drafted some of them for drawing attention to these issues.

A number of references in the provisions of the devolution statutes will not make sense once we leave the EU and will need correcting to ensure our statute book continues to function. We recognise the standing of these Acts, and for this reason we have corrected as many deficiencies as possible in the Bill—in part 2 of schedule 3. As Members will no doubt have noticed, these corrections are technical and I stress that they are devolution-neutral. They do not substantively change the boundaries of competence; nor will any of the corrections that are still to be made.

I want to reassure the Committee that we intend to correct the remaining deficiencies by working collaboratively and transparently with the devolved Administrations. Where possible, this will include correcting deficiencies using the existing powers such Acts already contain for amending the reservation schedules. This process with the devolved Administrations is already under way.

Specifically on the power to implement the withdrawal agreement—the topic of amendment 320, in the name of the hon. Member for Aberavon—it can be used to modify the devolution statutes only where it is appropriate to implement the agreement that will result from our negotiations with the EU. It cannot be used to modify them in any other way, and it simply is not true that any UK Minister can make any change they like to the devolution settlements. I hope I have reassured the Committee that the Government do understand that concern, but the amendment does not support our aim of a smooth and orderly exit.

Similarly, amendments 159 and 319 seek to restrict the use of the international obligations power to modify the Scotland Act or the Government of Wales Act. I want to be clear that these powers cannot be used to unpick or substantively change the devolution settlements. As I am sure the Committee will recognise, it is quite normal to use delegated powers in such a way. They have previously been used to amend the devolution statutes to ensure that our laws reflect the most accurate position in law, and ultimately to ensure that we fulfil our international obligations.