Northern Ireland (Executive Formation) Bill

Sammy Wilson Excerpts

2nd reading: House of Commons
Monday 8th July 2019 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

I am also bound to remind the Secretary of State that it is 909 days today since Northern Ireland had proper governance. When the Secretary of State brought the original Bill before the House, 652 days had elapsed. I need to remind the House that this is not simply an absence of institutions; there is a vacuum of both politics and decision making that is unprecedented since the signing of the Good Friday agreement. It is unprecedented and very dangerous. It is dangerous for the credibility of the democratic institutions established under the Good Friday agreement.

The Secretary of State referred quite rightly to the brutal murder of Lyra McKee as one of the triggers that brought the parties back to the talks process, but it should not take the brutal murder of a young woman to impel people—be they the Secretary of State or parties in the Northern Ireland—to do their duty. The absence of power sharing is also directly dangerous. For individuals and communities, the absence of those decision-making processes has meant things not being done, and as a result conditions are deteriorating for people across Northern Ireland.

The precedent in the past was very clear. The law is very clear. Where talks and elections have been unable to resolve a situation, succeeding Secretaries of State have brought in direct rule. This Secretary of State and her predecessor were not prepared to do that. I say to the Secretary of State, as she is entitled to say herself, that there has been a failure by the five parties—perhaps, more fairly, of the two parties, the DUP and Sinn Féin —to get round the table and make power sharing work over those 909 days, but she cannot absolve herself from her own responsibilities. Until the law was changed last October, there had been 651 days of drift, during which time decisions were not being made and there was simply no ambition to bring through that decision-making process. Serious decisions were not made because the Secretary of State and others shied away from the controversial decision-making process it involved.

The Secretary of State’s critics would say to her—and I do understand this—that one of the issues is the Prime Minister’s reliance on the votes of the Democratic Unionist party in the Chamber. A brutal and harsh reality is that if one of the parties in Northern Ireland has a very different status from the rest, that tips the balance. Another reality, however, is that this is not good legislation.

[Sammy Wilson (East Antrim) (DUP)]

Does the hon. Gentleman not accept that the only party in Northern Ireland that is out of step and, indeed, tips the balance in these circumstances is Sinn Féin, which has consistently refused to go back into Stormont although all the other parties would have gone back yesterday?

[Tony Lloyd]

I am afraid not. Inevitably, it takes different parties to come together to form an agreement. While I understand the political imperative of the finger-pointing that takes place between the DUP and Sinn Féin, the reality is that neither party, in the end, was prepared to reach a position in which matters could be brought to a conclusion—although I should remind the right hon. Gentleman that in the spring of last year Northern Ireland was very close to an agreement, which was then frustrated. We can look back in the history books—and I shall read the right hon. Gentleman’s autobiography with great interest—to see how the blame is allocated, but what is certainly true is that people were very close to a deal at that time. So it does take more than one party to reach an agreement.

Let me now make a point about the adequacy of the Bill. What it certainly does is protect the Secretary of State from being subject to judicial review for being in breach of the duty to call an election if there is no legislative change or no Stormont Assembly, which was a real threat at one time, but I must disagree with the right hon. Lady’s observation that the Bill is about good governance. It is not about good governance; it is about a very marginal protection for Northern Ireland civil servants so that they can make decisions for the people of Northern Ireland. However, most of the decisions that really matter are not being made by the Northern Ireland civil service, and not simply because of Buick. It was the case long before Buick that they did not have the capacity to make those decisions without political cover. The Bill is not about good governance; it is about a very partial way of keeping things ticking over.

One of the odd aspects of this situation is the fact that the backdrop to the absence of a Northern Ireland Executive has been a period in which Brexit has been the biggest issue in United Kingdom politics, not simply in terms of the relationship between the UK and the European Union but, in particular, in terms of the relationship between the United Kingdom and Ireland. During that period of the Brexit conversation, there has been no voice for the Northern Ireland Executive, no voice for the non-Westminster parties in Northern Ireland, and no voice for the people of Northern Ireland, who voted overwhelmingly—let me rephrase that; they voted significantly—in favour of remain. There has been no voice for the business community, no voice for agriculture, and no voice for the many people who have spoken to me, and to the Secretary of State, about the need for a Brexit settlement that will not be damaging and dangerous for the people and the economy of Northern Ireland.

--- Later in debate ---

[Tony Lloyd]

I do not accept that. In the end, Northern Ireland is part of the United Kingdom. In the absence of governance for Northern Ireland, it is inevitable that there will be consideration here in Westminster of what that means for the people and the institutions of Northern Ireland.

[Sammy Wilson]

If that is what the shadow Secretary of State really does believe and he is not just being selective for his own interests, would he not then agree that, in the absence of devolved government in Northern Ireland and given that there are important decisions to be made about infrastructure, schools and hospitals, he should be calling on the Secretary of State to introduce direct rule?

[Tony Lloyd]

I shall come on to exactly that point, but let me continue with this question of a hard border across the island of Ireland and the question of crashing out. The reality is that we know as well that there is not simply a threat around terrorism with that hard border, but there is also a massive threat to the economy of Northern Ireland and the movement of goods, including agricultural goods and manufactured goods, which is why the business community and the farmers union in Northern Ireland are both absolutely consistent in their view that that would be massively damaging to the Northern Ireland economy.

But there is a separate issue that the Good Friday agreement involves, and it is very different in the Northern Ireland context from anywhere else in the United Kingdom: the whole question of identity. Identity matters in the Northern Irish context: identity and respect for people’s different identities is the heart and soul of the Good Friday agreement, and we simply cannot allow that to be damaged by crashing out of the European Union—a crash-out Brexit.

--- Later in debate ---

[Tony Lloyd]

The construction industry would itself suffer from a hard Brexit. The border would be constructed, and there is absolutely no doubt that there would have to be controls to prevent smuggling. This is a simple phenomenon.

[Sammy Wilson]

The hon. Gentleman is being very generous in giving way. He says that he can remember the time when gates were left open and animals wandered across the border. He suggests that we would have to avoid that. I am intrigued by this. For the life of me, I cannot understand how he believes that the EU Commission, with all its powers, is going to be able to instruct cows not to wander across the border and not to find holes in hedges, gates that have been left open or lanes that have been left unpatrolled. Could he please tell us how this will work, because I am intrigued?

[Tony Lloyd]

I am always very generous to the right hon. Gentleman, because his questions are always interesting, if erroneous. The integration of the economies of the UK—particularly Northern Ireland—and the Irish Republic is massively more sophisticated today than it was all those years back. Creating a smugglers charter would be very dangerous. We know—I say this advisedly—that there are already criminal gangs in Northern Ireland who make their money and control other people on the back of the capacity for the illegal transport of goods, services and people. We should treat this with great care.

I will now try to bring my remarks to a conclusion. I say to the Secretary of State, to the Democratic Unionist party, to Sinn Féin and to the other parties that the cost of no Assembly would be enormous in the event of a no-deal Brexit. Indeed, the cost of no Assembly has already been enormous for individuals in Northern Ireland. In particular, it has been big for the victims of historical institutional abuse, at least 30 of whom have died since Lord Justice Hart produced his report. Some of those victims will be in Westminster on Wednesday, and they deserve resolution of those issues. Those who are already deceased will never see that justice. Because of the dysfunctional education system Northern Ireland, we know that schoolchildren are being denied the quality of education that they need. That cannot be given back to them. But perhaps it is health that we ought to look at most closely.

In Northern Ireland questions last week, the right hon. Member for Belfast North (Nigel Dodds) rightly raised the issue of growing cancer waiting lists. There is a simple equation with cancer: early detection means an increased chance of cure; late detection means an increased chance of death. The lack of reform in health is costing people’s lives. The lack of decision making as a result of no Assembly—because the Government would not move towards an insistence that the Executive should re-form, or towards direct rule—will now be costing lives.

That is exactly what we are debating here tonight. We will support this piece of legislation because it will be necessary to get us through the summer and to give the new Prime Minister, and possibly a new Northern Ireland Secretary, the chance to resolve the way forward. We can support this until October, but to go beyond October would be very dangerous.

--- Later in debate ---

[Simon Hoare]

I will not go into the materials and whether it needs to be a physical gated fence but, in essence, my right hon. Friend is correct in his interpretation of what I said. The Republic will remain part of the European Union, and support for membership of the European Union is going up in the Republic. As has been pointed out by innumerable Republic politicians, favourable opinion polls rarely go down when an Irish politician sets their face against the will of an English or a British politician, and we need to be cognisant of that history.

[Sammy Wilson]

The hon. Gentleman’s belief that the Irish Government would give in to any demand from the EU that disadvantages their own country is not founded on any fact. The EU has been trying to get the Irish Government to change their corporation tax for I do not know how long, and they have refused to do it.

If the EU were to decide to put a fence along the border, and if the Irish Government were to accept the EU’s decision, does the hon. Gentleman think the EU would be able to find the 50,000 troops to police that border? It took 50,000 troops and policemen to police the border during the troubles, and we still had the smuggling of guns, animals, cigarettes, alcohol and fuel—the lot. If they are going to seal our border, they need to think very carefully about how they do it.

[Simon Hoare]

The right hon. Gentleman is absolutely on the money, and I do not think anybody in this House should in any way undervalue the difficulties and challenges of sealing the border. By the same token, we have never quite appreciated, in this House or in this country, the very deep and passionate belief in the merits of the single market and the communautaire spirit that exists within the European Union. I am convinced that the Republic will do everything it believes to be necessary to maintain its credentials as an active and proud member of the European Union and to preserve the integrity of the Republic of Ireland. It is, as I say, not an easy task to deliver but, if pushed, it is a huge risk to presuppose that the cards will all fall in our favour at the witching hour, and I do not think we should be doing it at this time.

--- Later in debate ---

[Simon Hoare]

What I accept is that the biggest losers would be Northern Irish farmers, which is something we have to avoid at all costs.

[Sammy Wilson]

I am sure the hon. Gentleman did not intend it, but does he realise that the comment he just made about a border poll and the likelihood of winning it is exactly the kind of language Sinn Féin want to hear? Of course, the trigger for a border poll in the Belfast agreement is a belief that the people of Northern Ireland have changed their mind on wishing to remain part of the United Kingdom. Is he saying that, in his short time as Chairman of the Northern Ireland Affairs Committee, he has detected such a change, despite the fact that election results show a vast majority of people still believe that the Union is the right option?

--- Later in debate ---

[Nigel Dodds]

I am grateful to the hon. Gentleman. There is some merit in incentivising people to get in, take responsibility and get devolved government up and running, whether that is by a coalition of the willing, as it has been put in Northern Ireland, or by saying, “We’re going to get on and make some decisions here.” It might actually encourage people who are reluctant to get into the Assembly, and who claim that they are interested in equality, rights, health, education and all of that, but do not make it a priority. They do not even make Brexit a priority; they say that there are other issues that are more important to them. If those decisions were made, it might incentivise them to get in there and take their place round the Executive table.

It needs to be said—Members of my party have already said this—that the Democratic Unionist party and the other parties, apart from Sinn Féin, would form the Executive tomorrow without any preconditions. The position we find ourselves in is the direct result of conditions being imposed by one party. Of course we have to try to find an agreement to get the Executive up and running, and we are fully committed to the talks process currently under way in Northern Ireland. There are grounds for belief that we need to continue to work at that and to work our way through the issues, although we have also said that it would be far, far better to talk about the issues that are of concern to Sinn Féin, which are not by any means the big issues that there were in the past—they certainly do not compare with the outstanding challenges we face in health and education, jobs and investment, infrastructure, and all the issues that the hon. Member for Lewes mentioned, on which there is a large degree of consensus.

We are suggesting that we should get the Executive up and running to deal with all those issues and have the talks in parallel, alongside dealing with the issues that matter to all the people of Northern Ireland. That is the sensible way forward. Sadly, when that was suggested about a year and a half ago by our party leader, it was rejected within 20 minutes by Sinn Féin. That is an incredible position to adopt. If they really cared about equality and rights, health and education, and our children and older people, they would want to take the powers to deal with those issues. Instead, we are told that there are other issues that take precedence. I go around to the doors and talk to people. Our party has a good record of engagement with people on the doorsteps and out there among the communities. That is why, alone of the four major parties in Northern Ireland, our vote went up in both the council and the European elections, which is unique in this House—apart from for the Liberal Democrats, maybe, who sadly are not present for this debate. The fact of the matter is that our record was vindicated in those recent elections, although we want to see an Executive that is inclusive of everyone.

[Sammy Wilson]

My right hon. Friend has given us a long list of issues that need to be addressed and that could be addressed if an Assembly was up and running. Despite the fact that the shadow Secretary of State has today tried to make excuses for Sinn Féin, does my right hon. Friend accept that their excuses are becoming increasingly thin and threadbare? Last week, they could not even turn up to talks because they were preparing for 12 July, strangely enough. Here is a party that claims to be nationalist and republican, yet they could not turn up for talks in the preparation for 12 July.

[Nigel Dodds]

I suppose it is a sign of the success of Orangefest that it is now so inclusive that even Sinn Féin is now taking time off to prepare for it. I do not think there is any reason why the talks should not continue over the summer—even, if necessary, in a different form. I do think there is any need to say that the talks should cease.

With the indulgence of the House, I want to mention a couple of issues that have been raised during the debate, one of which is Brexit. I am not going to dwell on it, because there will be plenty of opportunities to talk about Brexit in the coming days, but I accept that it is to our detriment that we do not have the Executive up and running. Indeed, we have made that point to Sinn Féin: if they are concerned about Brexit, which is such a major issue, why do they boycott the Executive, the Assembly and, indeed, the Parliament of the United Kingdom, to which they are elected? Those people say that they have no voice, but they have stripped themselves of their voice, although they are heard by the Government, who meet them and everybody else. But if they voluntarily say, “I’m not going to turn up and I am going to boycott things,” they can hardly blame everybody else.

We have heard that an Irish hard border is now inevitable in the event of no deal. I congratulate the hon. Member for North Dorset (Simon Hoare) on his elevation to the chairmanship of the Northern Ireland Affairs Committee, and I wish him well. We look forward to continuing our conversations and working with him. But I thought that his speech was somewhat depressing and that it placed more emphasis on the pessimistic side of Unionism, instead of talking it up and so on. I am not as pessimistic as he is on the outcome of a border poll, nor regarding the conditions in which a border poll would be called. I think that people have a better understanding of Northern Ireland than they did of Czechoslovakia in 1938, given the number of debates we have, the view of the Conservative and Unionist party and our work with the Conservative party on these issues.

One issue that the Irish Government are now having to face up to, and one that they are not terribly comfortable about addressing, is the question put to them increasingly and very recently by the German and French Governments —that is, “In the event that there is a no deal, what will you do in Dublin to police or protect the single market?” Given that the Irish Government have been very clear that they will not impose any hard border—checks, controls and all the rest of it—in the island of Ireland, there is only one inevitable outcome; and there is a precedent for it, isn’t there? Nobody in the Brexit debate ever mentions the issue that has now actually been solved in the question of Brexit: the free movement of people.

We talk a lot about the free movement of animals, goods and services, but one of the biggest issues that people forecast might be a problem was the free movement of people on the island of Ireland. In fact, a lot of the documentaries and various TV programmes concentrated on how, years ago, people used to be stopped at checkpoints, were not allowed to come over the border to work, socialise and all the rest of it. But nobody is going to interfere with the common travel area. The common travel area—which, of course, predates European Union membership—works so successfully because there are no checks between the Irish Republic and the United Kingdom, but the checks are done at all points of entry into the Irish Republic and the United Kingdom.

The Irish Republic is, as the hon. Member for North Dorset has said, a modern and very Europhile country, which is part of the EU—and it is absolutely proper that it should be if that is what it wishes to be—but it has voluntarily agreed not to sign up to all the Schengen arrangements to protect the free movement of people on the island of Ireland. And yet we are told that, to protect the single market in terms of goods, services and all the rest of it, there will have to be a hard border in Ireland. Of course there does not have to be. As Members of my party have said over and over again, there is no desire or political will on the part of any party in the Irish Republic, here or in Europe to impose such a border, nor would it be physically possible. It cannot be done—so let us dismiss some of the notions out there.

--- Later in debate ---

[Conor McGinn]

I thank my hon. Friend for his intervention. As he says, he is a proud devolutionist, and I think that colleagues from Scotland and Wales would find it inconceivable, in the event that the Scottish Parliament or the Welsh Assembly did not sit or their respective Governments were not taking decisions, that we would not discuss or debate these things in Westminster.

[Sammy Wilson]

Regardless of how the hon. Gentleman tries to twist and turn on the issue, the one thing he cannot deny is that the amendment and the path he has taken actually does impinge on the devolution settlement because it interferes with an issue that is the prerogative of the Northern Ireland Assembly, whether or not it is sitting. But if he has decided that it is justifiable to do this, can he tell us why it is not justifiable to overturn the devolution settlement altogether and deal with issues—schools, hospitals, transport, infrastructure—that affect far more people than the issue he is talking about? If he is prepared to interfere with the devolution settlement, why is he not prepared to interfere with it to help the majority of people—huge numbers of people—across Northern Ireland by having intervention by the Government?

[Conor McGinn]

The first point is that this is an issue about rights, not about policy. The second point is that I think, and hope, I have made it clear that I certainly do not want to impinge on the devolution settlement because the power will be retained by Stormont when an Executive and Assembly are functioning. I think there is quite a significant distinction between an Assembly and Executive that exist in the ether or as a concept, and an Executive and Assembly that are meeting, taking decisions and doing work on an issue that affects quite a lot of people in Northern Ireland. There is overwhelming public support for addressing the issue.

Having said that I was not going to speak for long, I realise that I have now spoken for longer than I intended. I just wanted to be clear about my motivation for tabling the amendment and the thought that has been given to it so that it respects the devolved settlement. It also respects the need for decisions to be made about important issues in Northern Ireland. Most of all, however, what my amendment does is respect equal rights for all people in the UK and Ireland.

[Emma Little Pengelly (Belfast South) (DUP)]

It is a pleasure to follow the hon. Member for St Helens North (Conor McGinn). We have possibly set a precedent in the House, in that he and I are both from south Armagh; I moved to Belfast South, the constituency I represent, when I was 18. I do not agree with the hon. Gentleman on many things, but we do agree on some. I have been contacted by many scores of people from across my constituency who feel as strongly as he does on these matters.

Like the hon. Member for North Down (Lady Hermon), I have been contacted by hundreds of people, by email and letter, who have said very clearly that they want these matters to be dealt with in the devolved Assembly. I was elected to this House just two years ago, and it is a matter of considerable sorrow to me that throughout those two years, we have not had a Northern Ireland Assembly. Like some other hon. Members from across the House who have spoken, I am a strong devolutionist; I believe firmly that the laws and policies that impact most on people’s lives should be made as close as possible to the people, and that means that decisions on the many issues that are devolved should be made by the Northern Ireland Assembly.

We have been two and a half years with no Government in Northern Ireland. I have stood up many times in this House and indicated my sorrow at that. I welcome such measures as the Bill as necessities—they have to be brought forward—but I do so in sorrow, because we do not want to be here. It is not desirable to have this type of legislation passed by this House, or, as we have made clear, to have direct rule. It is not sustainable, fair or right that decisions that impact fundamentally on people’s everyday lives in Northern Ireland continue to be made not in Northern Ireland.

The Secretary of State outlined the process that is under way. For some listening to this debate, it may have sounded a little as though the Bill has guillotined the process—as though this was the end of the process, and as though there is now a further extension until October. I do not believe that to be the case. The DUP has entered into the talks process in good faith, and we will continue to work hard, because we want to get Stormont back up and working. That is the objective with which we entered into these talks, and that is our aim.

I say to everybody across the House that we are very clear that whatever agreement comes out of the process must be fair and sensible. When we look back over the decades in Northern Ireland, we see that the only type of agreement that has ever worked is one that has commanded broad consensus and agreement across the communities. That is what we are trying to achieve. One thing we will not accept is a bad deal for the people of Northern Ireland.

It is not the case—I challenge the shadow Secretary of State on this—that everybody is to blame. Almost all parties in Northern Ireland are willing to go back to work, to form an Executive, to govern and to deliver for the people of Northern Ireland. One thing is stopping that: Sinn Féin collapsed the Assembly and refuses to go back until it gets a stand-alone Irish language Act. That is the barrier, and one party put it up; we need to be very clear about that. That is not sustainable, and we are working incredibly hard in the talks process to address the issues of sustainability. It is completely unfair for any single party to be able to throw a tantrum over a particular issue and say, “I’m not going back into the Government. Nobody in Northern Ireland will have things decided on health, education, childcare, infrastructure or the economy until we get exactly what we want.” That cannot be allowed to continue. Sinn Féin needs to stop the silliness and get back into government.

[Sammy Wilson]

If, for the convenience of the people of Northern Ireland, we were to give in, does my hon. Friend accept that in future months, when another impasse was reached, or when Sinn Féin wanted something else, it could use exactly the same tactic and bring the Assembly down? The Assembly would continually be held to ransom by people who have no conscience when it comes to hurting the population.

[Emma Little Pengelly]

I thank my right hon. Friend for that intervention. I absolutely agree. I have worked very closely with government over the past 10 years and more of devolution—since 2007—and we have had to get through some very difficult and challenging issues, including bad behaviour by a number of parties, one of which was Sinn Féin, and what it was implicated in. We tried to keep the show on the road and the institutions going. It was not the DUP that collapsed those institutions. We were, and still are, prepared to sit down and talk.

My right hon. Friend the Member for Belfast North (Nigel Dodds) has outlined our reasonable proposition, which is, “Get back into government now and we will set the parameters to ensure that you have confidence that we will genuinely and in good faith engage with the issues that you want to talk about. If you feel that we are not doing that, we are prepared to put in place, at this stage, a mechanism that would allow you to collapse the Assembly.” There are no risks for them in getting back into the Assembly under that arrangement. My party leader had barely sat down after making his speech before Sinn Féin issued a press release rejecting that completely. If it wants change, there is a way to get that that actually delivers for the people of Northern Ireland. People are angry and frustrated, because they want basic services to be delivered by the people they elected to deliver them.

During these types of debates, a small number of issues are repeatedly discussed that I know are incredibly important to people. Day in, day out, a number of issues are continually raised in my constituency surgery, and I know it is the same for my right hon. and hon. Friends. Before I touch on them, I want to make it absolutely clear that we need to be realistic. I hear people across Northern Ireland saying all the time, “If only there was an Assembly, I wouldn’t be sitting on this waiting list,” and “If only there was an Assembly, I would have this or that, and the Government would be doing this or that.” I am not naive. I do not believe that all those issues will suddenly disappear if the Northern Ireland Assembly is restored in the morning; of course Governments will still have constraints.

We need to be very careful about the expectation we give people. However, if the Assembly is restored, people will be there to make the decisions; the people of Northern Ireland can approach their elected representatives and make their case; policies can be scrutinised by the Northern Ireland Assembly and its Committees; and we can develop policy. Importantly, this Bill does not provide the capability to make a range of required legislative proposals; it does not allow civil servants to do that.

Before I go into a little detail about some of those policy areas, I want to pay tribute to the many civil servants operating under incredibly difficult circumstances. I say that with a little bit of a smile because my husband is a senior civil servant in one of the most challenging departments, the Department of Health. It is fair to say that I would not like to be in that situation. It is a very difficult set of circumstances. The Department of Health is in a slightly better situation—ironically, it may seem—because the Northern Ireland Assembly agreed the Bengoa recommendations and a transformation plan prior to the collapse of the Assembly, so my husband has been able to make decisions under the terms of that policy. He has been able to carry out consultations, some of which are controversial, and the findings will have to be considered. However, there are many things that he cannot do, and it is the same right across our civil service. I pay tribute to the incredible work that civil servants have done in very difficult circumstances that they should never have found themselves in.

I want to touch briefly on education. Recently, I started special autism clinics and surgeries right across my constituency, because so many people who come through my door face challenges on special educational needs and autism in particular—everything from trying to get their child statemented, to being on the school waiting list for up to a year or two before they can get their child seen. Parents know the help that their child needs, but they cannot get it at the moment. We need a fundamental review of special educational needs and autism services across our education system. The system is not just creaking; it is breaking, and it is children who are suffering.

I challenge the hon. Member for St Helens North: what about the human rights of a child who is waiting for an autism assessment, but cannot get it for years because there is no Government to carry out the fundamental review? Those are rights, too.

--- Later in debate ---

[Emma Little Pengelly]

I thank the hon. Member for that contribution. I do not see what happens in Sinn Féin constituency offices, but I can only imagine that the issues of health, education, poverty and the need for basic public services are the same right across the community. It does not matter if you are Protestant, Catholic, nationalist, Unionist, new incomer or ethnic minority—the needs are the same. Everybody is suffering from Sinn Féin’s decision to continue to refuse to allow the Northern Ireland Assembly to be restored. I hope that they are hearing the message loud and clear: come to the table, come to a sensible and fair agreement, and get Stormont back up and working for the people of Northern Ireland.

There are a couple of other issues I want to touch on. I do not want to speak for too long, so I will go through them very quickly. There are some key pressure points. All political parties have heard representations in relation to the social security mitigation package. We put in place a number of mitigations in terms of welfare reform. The Northern Ireland Assembly agreed that the NIA budget would pay for that. If a decision is not made, upwards of 40,000 people will have bills coming through their doors or much-needed help withdrawn. The package requires legislation, and so, under the terms of the Bill, cannot be implemented by the permanent secretaries. If the legislation is not passed by September, 40,000-plus people will be considerably worse off. This is a real issue that will impact on real people in need.

I was very much involved in setting up the Historical Institutional Abuse inquiry. I sat on the project board, along with Sinn Féin, when we worked on the legislation. I sat on the project board with Sinn Féin whenever we looked at implementation. We looked at inquiries across the world and one of the things we decided to do was put a date in the legislation for the inquiry to report. We did that because we did not want the inquiry to roll forward for years and years. We built in flexibility so that the chair of the inquiry could come back and request more time, but we knew, right from the passing of the initial legislation, the date the inquiry was due to report. I sat on the project board with Sinn Féin while we liaised throughout the duration of that inquiry. I think it was about two weeks before the report was due—the chairman of the inquiry had made it clear to all members of the project board, including Sinn Féin, that the report was on time—when Sinn Féin chose to collapse the Assembly.

There were two big outstanding issues: the budget for Northern Ireland and the HIA report. Before Sinn Féin collapsed the Assembly, I made the case to Sinn Féin. I said to the then Finance Minister, “Look, there are these two issues. You can choose to collapse the Assembly, we can’t stop you from doing that, but what is the necessity about time? We can take these two weeks and pass a budget to support public services. We can wait for the HIA inquiry to report.” It decided not to.

We have now moved on. This is not about the politics; we want and need those victims to get support. This issue requires legislation and that is being held up because there is no Northern Ireland Assembly.

[Sammy Wilson]

My hon. Friend makes a very important point about Sinn Féin refusing to bring forward a budget before collapsing the Assembly. The reason for that was that it could not face up to the hard decisions required to bring forward a budget. Is that not another reason why Sinn Féin is resisting going into the Assembly at the moment? It does not want to bring forward a budget. It would much prefer somebody else to do the hard lifting, rather than take the hard decisions that politicians have to take.

[Emma Little Pengelly]

I believe that the last Sinn Féin Finance Minister—I think it was perhaps the first Sinn Féin Finance Minister of our devolved Government—has the rather dubious title of being the Finance Minister who did not bring forward a budget, which was his core duty. Yes, of course there are difficult decisions to be made in a budget. There are serious questions to ask as to why he did not hit the deadline and did not bring forward those proposals.

There are many other issues I could reference. We do not have the high street fund in Northern Ireland. That money comes into our budget as what is referred to as a non-ring-fenced or unhypothecated Barnett consequential. We cannot force permanent secretaries to dedicate the money for that cause or for other projects for our economy such as the Streets Ahead programme.

I want briefly to mention the victims’ pension issue, which is associated with legacy. Over the course of the past week, I met the Victims’ Commissioner and many victims who were horrendously injured during the troubles. Those victims are now getting older and have particular issues with their finances. They do not have work-related pensions, because they did not have access to the workplace. They need this help and support. Again, that requires legislation and it has not been brought forward. There are many, many victims across Northern Ireland who require additional support.

I want to pay tribute to Bea Wharton, who was buried today. She was the last remaining mother of the Kingsmills victims. She was an incredibly strong and passionate woman who fought right up until her last breath to try to get justice for her son and the other victims of that terrible, terrible sectarian atrocity. I want to pay tribute to her and her family at this very difficult time. She was in her early 90s when she passed away. She fought every day of her life for justice, but justice was denied. Victims and survivors need that support.

The DUP cares passionately about Northern Ireland and the future of Northern Ireland. We want Northern Ireland to thrive. We want our young people to have an incredible future, with good jobs and a strong economy where people are happy and healthy. The best way to do that is to get back to work. Sinn Féin can do that tomorrow morning. Drop the silliness, get back to work and let us talk about these issues, while we deliver basic public services for the people of Northern Ireland. That is what the people of Northern Ireland want. That is what the people of Northern Ireland deserve.

Political Process in Northern Ireland

Sammy Wilson Excerpts

Tuesday 4th June 2019 Commons Chamber

[Karen Bradley]

I am well aware of the decisions that need to be taken. My focus is on restoring government in Northern Ireland so that decisions can be taken by those elected by the people of Northern Ireland.

[Sammy Wilson (East Antrim) (DUP)]

The Secretary of State, when questioned by the press, has talked of the need not to jeopardise the talks, but does she accept that, by refusing to answer questions and giving that role to the Foreign Minister of the Irish Republic, she is allowing the impression to be given that these talks are driven by the Irish Republic and are not in the hands of the UK Government? That is in breach of the three-stranded approach there should be when it comes to these talks.

[Karen Bradley]

It is my view that the more speculation there is in the press and elsewhere about these matters, the less chance we have of restoring devolved government. I am not prepared to do anything that jeopardises the possibility of restoring government in Northern Ireland. The approach that other politicians take to dealing with the press is a matter for them. I have the utmost respect for the press—when I was Secretary of State for Digital, Culture, Media and Sport, I was an absolute advocate of press freedom—and the press are welcome to scrutinise and question me at length, as they regularly do. But on these matters, I am not prepared to do anything that makes it harder for the right hon. Gentleman’s party and others to do what I know they want to do, which is to go back into government.

Northern Ireland: Murder of Lyra McKee

Sammy Wilson Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Karen Bradley]

I will be very happy to take that matter up with the Home Secretary. The hon. Gentleman’s words and sentiments are absolutely right.

[Sammy Wilson (East Antrim) (DUP)]

There has been a typically selfish, self-centred and “we’re the only people who matter” response from the republicans who have tried to justify the murder this weekend, describing it as a “difficult time for republicans” and blaming it on the PSNI by saying that it would never have happened if they had not been there. Will the Secretary of State give this House an assurance that, despite the fact that these people can rent a mob, rent a riot and everything else to try to disrupt life, there will be no let-up in police activity to search out the arms of these people? Will she also assure us that the police will not let up in pursuing and bringing to justice those who spread poison and hatred through social media or at graveside speeches, or who strut around the streets in illegal paramilitary parades?

[Karen Bradley]

My conversations with the police officers of the PSNI, including at the Strand Road police station on Saturday, have given me absolute reassurance that the PSNI is determined to take those steps, and that there will be no let-up.

Northern Ireland Executive

Sammy Wilson Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Stephen Pound (Ealing North) (Lab)]

I think it is appropriate, although not necessarily relevant, to mention the sombre, serious and sober debate on the murder of Lyra McKee that we had earlier. The statements that we heard from the Northern Ireland Members present will resonate long in this House and far beyond it. It makes it all the more important, when we are dealing with business like this—in the absence of an Executive and an Assembly—that we do not allow a vacuum for the gangsters and the men and women of violence to succeed and to flourish. I profoundly hope that what we heard tonight will be a tipping point and that there is a possibility of a return to normalcy, which would be epitomised by this sort of legislation.

This is an extremely unusual piece of legislation in that it has already been made. It comes before us, as the Minister said, small and perfectly formed, but it was perfectly formed last month. It is what we call an affirmative statutory instrument. I am sure that some people lie awake at night dreaming of unusual affirmative statutory instruments, but I do not count myself among those people. This is a piece—[Interruption.] Mr Deputy Speaker, I am being heckled from the Back Benches, but what I do at night is entirely my own business.

One of the first questions I asked was, “Why was it expedient for this statutory instrument to be made without the prior approval of Parliament?” The answer is quite simply that the Secretary of State for Northern Ireland was deep in negotiations with the various parties in the Northern Ireland, and it is a tragedy that we have to consider this piece of legislation now after those negotiations have taken place.

The explanatory memorandum refers to negotiations that have taken place with all the Northern Ireland political parties, and I am interested to know whether any negative comments or suggestions were made at that time. I want to put the House’s mind entirely at rest, calm fragile beating hearts and say that Her Majesty’s loyal Opposition will almost certainly not oppose the regulations.

[Sammy Wilson (East Antrim) (DUP)]

One way of avoiding this legislation would be for the Secretary of State to put it up to the parties in Northern Ireland. If they wish to go into the Assembly, as they all say they do, the Secretary of State could call the Assembly tomorrow and see who turns up. That would show which parties are the real obstacle to the Assembly forming again.

[Stephen Pound]

I have known the right hon. Gentleman for many years—I knew him when he was opposing his predecessor in an impressive campaign—but he tempts me down a primrose path that I must sadly resist. I cannot at this stage in my not-particularly-successful parliamentary career claim to speak for the Secretary of State for Northern Ireland. The closest that I have ever come to the Secretary of State is being on the other side of the Dispatch Box, and I am sure that she is quite happy with that—the distance, I mean. I cannot make any comment, but I am familiar with the statement, which the right hon. Gentleman has made before. Labour does not intend to oppose the regulations tonight. In fact, on the contrary, we actually intend to confirm our support. However, we would like some indication of the road map to devolution being restored.

I want to refer to Paul Murphy, now Lord Torfaen, who supported the regulations in the other place. I remember him well, and he is held in great respect. I remember that the late Rev. Dr Ian Paisley would greet him every morning with the salutation, “And how is the apostle Paul this morning?” Paul Murphy loves Northern Ireland, but he said in his speech in the upper House that

“Northern Ireland is the least democratic part of our country and of the European Union. No nationalist Members of Parliament, or, for that matter, Members of this House, take their seats”—[Official Report, House of Lords, 10 April 2019; Vol. 797, c. 519.]

and “there is no Assembly”. Tonight, we realise the full impact of that situation, which cannot be allowed to pertain.

There has been some talk of the discussions being accelerated by the appointment of an independent arbiter—someone to oversee them. It is a superficially attractive proposition, but I understand that the Secretary of State is currently in discussions with two committees of Members of the Legislative Assembly, and we would like to see how that progresses.

--- Later in debate ---

[Dr Murrison]

That’s as may be, but the hon. Gentleman will have gathered from my preamble that I am interested in ministerial decision making, and I rather suspect that very few decisions would be made by Ministers in the short space of time between the convening of the Assembly and it breaking down. Under the legislation, it certainly would not have legitimacy.

[Sammy Wilson]

I can understand the hon. Gentleman’s cynicism and caution in all of this, but as Sinn Féin, which I assume he was referring to, has publicly made it clear that it does not object to going back into the Assembly, does he not think this would at least be a useful exercise to test the sincerity of Sinn Féin spokesmen, who almost daily are now saying that they wish to go back into the Assembly? If the doors were opened and the Secretary of State invited all the parties, we would see whether or not those assurances, which are given with a straight face on the TV almost every night, are sincere.

[Dr Murrison]

I suspect that the right hon. Gentleman has his own views on the sincerity of the party to which he refers, but the preoccupation of the Secretary of State is the good governance of Northern Ireland. In that respect, I suspect we would not be moved much further on were we to recall the Assembly and see who turns up.

The date of 25 August is interesting. As has been said, not much is likely to happen between now and then, particularly given the marching season. What happens on 25 August? It seems to me that there could be a throwing of the electoral dice in order to work out a way forward because something might turn up; the numbers may change and it may be possible to form an Executive. The sense is that that would not happen.

We are then of course faced with another important date: 31 October 2019, the latest in the deadlines for this Brexit journey. One thing has been made clear in terms of the chronology: in the event of a no-deal Brexit, there would have to be some form of direct rule from Westminster. That is the only certainty we have been given by Ministers. I would like to know from the Minister, therefore, whether it is his working assumption that, on 25 August, an election would be called in very short order, because that would give a small window between then and 31 October in which to hold elections and perhaps have a slightly different outcome from the one we have at the moment—that may just be crucial.

That is pretty much all I have to say. As the Minister has said, this is a short measure and it is unobjectionable. Like most right hon. and hon. Members, I cannot wait to get on to discuss seed potatoes, which is the second matter of Northern Ireland business we will be debating this evening.

Oral Answers to Questions

Sammy Wilson Excerpts

Wednesday 10th April 2019 Commons Chamber

[Karen Bradley]

The hon. Gentleman refers to a number of issues that may be making it more difficult for parties to find an accommodation to enable them to restore devolution. I know that he is a supporter of devolution, and therefore I suggest to him that the best way that we can all help on that is to vote for the deal.

[Sammy Wilson (East Antrim) (DUP)]

More than two years ago, Sinn Féin collapsed the Northern Ireland Assembly. Since then, rather than looking for its restoration, it has been fixated on getting a border poll and on stirring up sectarian tensions in Northern Ireland at the expense of people who want decisions made on education, health, infrastructure, job promotion and so on. In the face of Sinn Féin opposition to setting up the Assembly again, what plans has the Secretary of State considered to get decisions made in Northern Ireland?

[Karen Bradley]

The right hon. Gentleman knows that the best thing for the people of Northern Ireland is devolved government in Stormont, with local politicians making decisions for the people who elected them. That is what we are all determined to see, and I am as determined as anybody to make sure that I put the conditions in place so that we can enable that to happen.

Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Sammy Wilson Excerpts

2nd reading: House of Commons
Wednesday 6th March 2019 Commons Chamber

[Karen Bradley]

That is why a buy-out scheme is available: so that boiler owners can choose individually. I cannot say exactly what the rate will be, because it will depend on, for instance, the subsidies that have been received to date. The calculations will be individual, but a buy-out will be available to boiler owners who do not believe that the subsidies now available will enable them to continue in business.

[Sammy Wilson (East Antrim) (DUP)]

rose—

[Gavin Robinson]

rose—

[Karen Bradley]

I do want to make some progress, but I recognise that many interests are involved. I will give way to the right hon. Member for East Antrim (Sammy Wilson) and to the hon. Member for Belfast East (Gavin Robinson), but then I will conclude my speech.

[Sammy Wilson]

Does the Secretary of State accept, first, that the terms of the buy-out scheme are not clear and, secondly, that a large number of people—probably those who are most affected by these changes—will not be able to avail themselves of it?

[Karen Bradley]

I will now give way to the hon. Member for Belfast East.

--- Later in debate ---

[Sammy Wilson (East Antrim) (DUP)]

It is a pleasure to follow the hon. Member for Lewes (Maria Caulfield). I thank her for her genuine interest in Northern Ireland affairs and for contributing to the debate.

As has been pointed out, this Bill contains two totally unrelated pieces of legislation. The reasons for that have been given, although I am not convinced that this is the best way of dealing with the issues at hand. Let me deal first with rates. I accept what the Secretary of State said; it is important that people in Northern Ireland contribute through their rates to some of the public expenditure required to keep services going in Northern Ireland. But when we impose those additional charges, whether on domestic or business rates, it is important that we bear in mind two things: the ability to pay and the impact that any taxation has on either the businesses or households concerned.

I have reservations about the level of the domestic rate increase, which is above the rate of inflation—it is the rate of inflation plus 3%. That will cause difficulty for households, as some people will not qualify for housing benefit on their rates but are still in low-paid employment and want to stay in employment. That will cause difficulty, but it is nothing compared with what was originally proposed. Let us not forget that the original proposal was 10% plus inflation. I am glad that the Secretary of State did not pursue that. The party of government, like my party, believes in leaving people with as much of their money to spend as possible. People know how to spend their money better than the Government. It would have been a travesty if the Government had proposed an 11.8% increase in the rates that people pay for their home, especially given the Government’s boast time and again—one they ought to be proud of—that they are seeking to bring down the level of taxation. I am pleased that my colleagues and I had a role to play in knocking that figure down.

On the issue of business rates, this is really a 0% increase in real terms. Nevertheless, business rates in Northern Ireland are, for a number of reasons, some of the highest in the United Kingdom. The Chancellor has announced some business rates relief schemes—incidentally, we did have a Barnett consequential for that in Northern Ireland—but because of the non-functioning of the Assembly, it was not possible to revise the small business rate relief scheme in Northern Ireland. While that money was made available to the general purse, it was not translated into reductions for businesses.

In the long term, I think we need to look at the whole issue of business rates. It is of course a tax that is not related in any way to the ability of a business to pay. It does not reflect the buoyancy of the business or, indeed, the income from the business; it simply reflects the size of the premises and the rateable value of the premises that businesses happen to be occupying. For some people, that will lead to under-taxation because they could afford to pay more, but for many businesses it leads to over-taxation because their overheads go up or stay the same even though their income and their ability to pay are going down, which affects so many.

I suppose it is not just an issue for Northern Ireland, but this is one of the reasons why we have so many vacant premises on so many of our high streets. As businesses have come under pressure from online retailing and from the changes in the way consumers spend their money, they find their revenues going down, but the overhead of rates still remains the same. In the longer term, I think we need to have a review of business rates. I am pleased that at least there has not been a real-terms increase in rates for businesses, although I know many of them will struggle even with the inflationary increase in this piece of legislation.

Let me turn to the second part of the Bill on the changes to the renewable heat incentive payments. I do not think anyone can say that this scheme has been a success by any means. In fact, it has been a disgrace, and the way in which it was set up and has been abused required there to be a change. However, I must say that when it comes to subsidies for renewable heat, I do not think that some of the practices instigated through this Parliament and in this part of the United Kingdom would stand up to scrutiny any more than the renewable heat incentive stood up to scrutiny in Northern Ireland.

We have a situation at present that makes the subsidy in Northern Ireland disappear into insignificance. At Drax B power station, the subsidy has climbed from £250 million a year when the Liberal Democrat Minister introduced it to £800 million this year, and it is going to go up to £1,000 million a year, when coal could be mined two miles down the road. And what do we do? We bring in wood pellets from America. We chop down trees in America, put them in a boat, bring them to England and burn them in a power station, and we pay a subsidy of £800 million a year for it. I wonder how many houses in the south of England are having their outdoor swimming pools heated with boilers for which people get a renewable heat incentive payment. Is that a good use of public money? The renewable heat incentive has not received the same level of scrutiny in other parts of the United Kingdom as in Northern Ireland, where it was seen to be abused. However, there are big questions to be asked about the scheme, not just in Northern Ireland but in any other part of the United Kingdom.

I have several points to make about the need for review. We have been told that the legislation has to pass today instead of being given the level of scrutiny required. Many hon. Members have asked detailed, probing and important questions, but we are told that if the Bill does not pass today, no subsidy regime at all will be available at the beginning of the next financial year, and that if we continue with the existing subsidies, we will be subject to infraction proceedings from the European Union.

Why was all this brought forward at the last minute? It is not that the review of the scheme has been forced on the Department in the past three or four months; it was initiated by the last Minister for the Economy before the Assembly fell, more than two years ago. What has happened in the meantime? Why has it taken two years, with a rush to pass the legislation at the very end? The joke in Northern Ireland is that evolution works quicker than some of our Departments. However, given that the review was initiated more than two years ago, I have to ask why, at the last minute, we are suddenly being presented with a piece of legislation that raises a lot of questions, instead of being given time to carry out the proper scrutiny, in Committee and so on, that the hon. Member for Lewes and the Chair of the Northern Ireland Affairs Committee have suggested.

[Maria Caulfield]

It strikes me, as an MP who is still fairly new in this place, that the attitude is often, “It’s only Northern Ireland, so we can whizz it through in a day.” It should not be right for any Bill to pass Second Reading, Committee and Third Reading in one day without any suitable scrutiny.

[Sammy Wilson]

The hon. Lady makes her point well, as she did in her speech.

Not everyone abused the scheme. Some did, and it is right that their subsidies were cut, but many people had the scheme sold to them by the then Sinn Féin Minister of Agriculture and by the Minister in the Department for the Economy. It was sold to farmers and many other businesses as a subsidy for heating their premises because they were using the kind of energy that was in vogue with the Department, which wanted to cut down on CO₂. I am not really sure how burning wood cuts down CO₂ emissions—I am told that it puts as much CO₂ into the air as coal, and some of the pellets are imported from miles and miles away—but that was the thinking at the time.

People undertook in good faith to install the boilers. They borrowed money, expecting a certain level of return and a flow of payments. They could have put in gas boilers and got cheaper energy, but because of the hysteria against fossil fuels, it was decided to subsidise wood burning, so people installed a more expensive boiler and expected to get money in return.

We are told that the sudden and very substantial reduction in the subsidy happened because the EU said that it was required to keep us to the average 12% level. There has been some dispute, in discussions with officials, about whether the rate of return can be between 8% and 22% so long as it averages out at 12%, or whether it is a maximum of 12%. If we had had the time or a mechanism to bring forward officials we could have probed into that, but we are told it is 12%.

In England, the subsidy per boiler is about five times higher than the subsidy per boiler in Northern Ireland. The scheme in the Irish Republic pays about six times more per boiler than in Northern Ireland. The question is this: how can you pay a subsidy five times more in England and still be within EU state aid limits? You can pay a subsidy that is six times more in the Republic of Ireland and still be within EU state aid limits. In Northern Ireland, however, it has to be at the level of £2,000 per boiler to stay within the state aid limits.

The explanation given—I cannot question it as I do not have enough information—is that, “Oh, the cost of boilers and the cost of fuel is different in Northern Ireland from the cost in England”. I could believe that if we were talking about, say, a 10% difference, but we are talking about a percentage difference in the hundreds here. Why does a boiler cost substantially more in England than it does in Northern Ireland? You might argue that it is because of transport costs, but then why does it not cost more in the Irish Republic? If a boiler has to come from England or another country, it has to be transported across the sea to the Republic of Ireland. Why should fuel cost substantially more in Northern Ireland than it does across the border in the Irish Republic? There might be some explanations as to why it costs less than in England, but why should there be such a huge difference between the two jurisdictions on the one island?

There could be perfectly good explanations for that, but given that the Department for the Economy got its figures so wrong for the initial scheme, you can understand, Madam Deputy Speaker, why people in Northern Ireland are sceptical about any figures that come out of the Department. The Department did not spot that the subsidy was substantially more than the cost of fuel and got its figures so wrong that there was a massive overspend. Figures for any scheme it brings forward need to be scrutinised properly. There is no opportunity to do that, despite whatever questions we ask Ministers today. A lot of these things come out through discussion, not through a question and a quick answer back from a Minister.

Those are the kinds of issues that need to be addressed. Unfortunately, I think we will have to vote for the Bill tonight, because there really is no alternative and it would be far worse to leave people with no scheme by voting against it. However, the Chairman of the Northern Ireland Affairs Committee suggested that there ought to be a commitment to allow the Committee, even after the Bill is passed, to have the opportunity to bring officials and anyone else necessary along, so that it can question them on the figures. If those figures are shown to be wrong, the scheme has to be amended to ensure that the level of subsidy paid reflects the true costs of the scheme. That is the one assurance we have to give to those who have been badly bitten.

I welcome the intervention and the fact that there was also some discussion on the budget, albeit late in the day. I think it was only two or three weeks ago that we were first given sight of what was proposed in the budget, but because the decision had to be made internally—purely by the Northern Ireland Office and the Department of Finance—there was time to revise the enormous increase that was being proposed initially for the rates. In the case of the renewables scheme, it had to go back to Europe. Thank goodness that after 29 March, we will not have to worry about state aid rules. We can make our own decisions. That is a good thing and another reason why the House should make sure that we get out on 29 March, so that we can decide on the kind of support that we want to give industry or the lack of support—

[Maria Caulfield]

rose—

[Sammy Wilson]

I knew that that would get the hon. Lady going.

[Maria Caulfield]

May we ask the Minister if—when we leave the EU on 29 March—we could look again at the subsidy issue, given that state aid rules will no longer apply?

[Sammy Wilson]

I agree with the hon. Lady. One of the reasons why we need scrutiny of the legislation, even after it has gone through, is so that we have a chance to revise it if we see that the figures are wrong. Since people have bought the boilers and had the infrastructure installed, would it be better to find a level of subsidy that enables people to continue to use them rather than just buying them out? The fact that we have a buy-out clause in the Bill shows that the Government and Department know that there will be hardship for people, although I suspect that the terms of the buy-out will be so draconian that it will not be worthwhile people doing that.

We will be supporting the legislation, albeit reluctantly, but on the basis that there will be an opportunity for the good questions that Members across the House have asked today to be looked at in more detail.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the next hon. Gentleman to speak, I have to announce the result of today’s six deferred Divisions on questions relating to regulations on exiting the European Union. In respect of the question relating to financial services and markets, the Ayes were 303 and the Noes were 250, so the Ayes have it. In respect of the question relating to electricity, the Ayes were 302 and the Noes were 44, so the Ayes have it. In respect of the question relating to gas, the Ayes were 300 and the Noes were 44, so the Ayes have it. In respect of the question relating to food, the Ayes were 303 and the Noes were 44, so the Ayes have it. In respect of the question relating to electronic communications, the Ayes were 301 and the Noes were 257, so the Ayes have it. And, in respect of the question relating to road traffic, the Ayes were 301 and the Noes were 251, so the Ayes have it.

We will recommence the Second Reading debate with Mr Vernon Coaker.

[The Division list is published at the end of today’s debates.]

--- Later in debate ---

[Ian Paisley (North Antrim) (DUP)]

It is good to follow the hon. Member for Gedling (Vernon Coaker). When he said, “Where there’s a will there’s a way,” I thought he was going to get into the Brexit debate, like my right hon. Friend the Member for East Antrim (Sammy Wilson), and say, “If there’s a will, there’s a way,” and we hope that in the next few weeks we find that will from our negotiating partners and then find a way out, truly, of the EU. But I digress by straying on to the Brexit debate.

The debate on the Bill has largely been masked by the debate around RHI, and it would be remiss of me not to pass some comment on clause 1 and what has been achieved. My right hon. Friends the Members for East Antrim (Sammy Wilson) and for Belfast North (Nigel Dodds) and my hon. Friend the Member for Belfast East (Gavin Robinson) have been heavily engaged for the last number of weeks on that point. As has already been alluded to, we would have been facing a massive rates hike if it had not been for that negotiation. If only it had been the same for the second part of the Bill: that we had had early sight of it and could discuss and challenge and probe it and therefore see a much more beneficial change than the one that has come forward on RHI. We must, however, congratulate our colleagues on their hard work in trying to significantly improve the rates issue.

The shadow Secretary of State, the hon. Member for Rochdale (Tony Lloyd), made some very kind remarks about the situation in Ballymena. I believe that there is an agreement today to see new opportunities created there by USEL, an employer that has set up a site on the Woodside Road industrial estate, and that is leading directly to the employment of 60 new workers in the constituency. Unfortunately, I was unable to attend the opening of that site because of duties here in Parliament, but I know that the Gallaher charitable trust, which I chair, led with key financial support to that building and that employer and that that has directly resulted in the employment of those people. Where did that charitable trust money come from? It is a legacy fund left over from when JTI Gallaher had to close its doors, and I am delighted that the first thing we have been able to do, through paying out money and resources, is to help to create 60 new jobs in the constituency. I hope that in the next few years we will see not only the charity that I chair but other employers adding to the local economy and creating new jobs and skills, leading to a revival in local employment.

I hope that the measures on the city deals will shortly come before the House, as they could apply very beneficially to the Mid and East Antrim Borough Council area, as could the Heathrow hub scheme. All those projects could see a huge increase in the employment and opportunities coming to my constituency, and I am delighted with the work that will be done in that regard. I want to ask the Secretary of State and her Minister to challenge Translink to hurry up and create more orders for the local bus building company in my constituency. It is great to see it getting orders from places all over the world, including Latin America and Hong Kong, but I would love to see more orders coming through to it from Translink, and I encourage the Secretary of State to push for those orders to come forward.

We now have to turn to the perplexing issue of the renewable heat incentive. The shadow Secretary of State was absolutely right to say that we are being presented with an amalgamation of two Bills. That is wrong; there should be a stand-alone piece of legislation on the RHI, because it is so controversial and far-reaching, and because the consequences of the issue will be felt by a lot of people in Northern Ireland for a very long time—indeed, probably for the next 20 years. Instead, these measures have just been stapled on to the back of this Bill, and we are now being expected to nod it through without serious, appropriate scrutiny. I do not believe in nodding through legislation; nor do I believe in the emergency process by which we are taking through this legislation. Northern Ireland deserves better, and this House has to demonstrate to Northern Ireland that we are going to give it better.

Officials in Northern Ireland have handed us these proposals, and I believe that they think we should accept them without challenge or scrutiny. That would be wrong, because it would be unfair on the people we represent. I think that people will understand and accept our caution, given that these are the very same officials who brought forward the first flawed scheme. We are now expected to accept the evidence they are giving us today as being good, beneficial, tested and rigorous and to accept that it will be all right on the night. That is not the case, however, because there are flaws in what is being put to us, and even in the manner in which it is being put to us, and they should be properly challenged.

Those in the Department are privately telling us that they would welcome the opportunity for further scrutiny. They do not want the debacle of the past to happen again; they want to learn from the mistakes of the past, rather than to repeat them. I believe that any such extra scrutiny would be very beneficial. A new clause has been tabled to the Bill—it stands in the name of the Chairman of the Northern Ireland Committee, the hon. Member for South West Wiltshire (Dr Murrison), and several other Members from across the House—and I hope that the you, Madam Deputy Speaker will be kind enough to select it and allow us to debate that issue properly.

Two wrongs never make a right. The obvious historical problems with the RHI tariff are the subject of an ongoing inquiry, and it would not be right to press those matters here today. However, the future ought never to be held to ransom by the past. Unfortunately, the Bill that the Secretary of State has brought to us today will hold the future of the RHI to ransom because of what has happened in the past, and that is wrong. We need to treat people fairly and honestly going forward. No matter what the RHI inquiry throws up, which will have to be dealt with on its own terms, we have a duty and a responsibility to treat the RHI owners in a way that is respectful, honest and fair, and equitable with the rest of the United Kingdom.

Everyone can look at the measures and the proposed cuts in support—from as much as £13,000 to about £2,000 per annum—and then at those same people who have bank loans signed up to on the basis of the original business plans and legal arguments. The banks, however, will not go back on the original plans. They will not say, “We’ll just forgive all that debt; it’s all over.” Banks do not operate like that, and why should they? They were given business plans guaranteed by the Government—legal guarantees—and they expect people to honour the payments agreed.

The Government have to accept that the way in which the issue has been brought forward tonight is not fair to 2,020 boiler owners in Northern Ireland. The vast majority of them, as the hon. Member for Gedling said, have done nothing wrong; they followed the rules, totally and absolutely, yet tonight they are being held to ransom by the system. Most of those RHI users are not abusers of the system, but they will all be punished by the system that is to be introduced now. Again, that is grossly unfair.

People can look across the channel to see the English system, or south to see the RHI system that has been proposed but not yet introduced in the Republic of Ireland, where support will be significantly higher than even here on the British mainland. The Bill will not only punish but in effect end for the next 20 years all renewable energy plans and damage forever anyone who claims a copper-bottomed guarantee from the Government, no matter the shade of that Government, because they will look back at this scheme and say, “Look how we were done over, treated shabbily and given no answers to our questions. This will lead us to a situation in which we are treated badly.”

Today, I tabled questions about levels of support and Barnett consequentials for RHI payments in both Scotland and Wales. The proposals in the Republic of Ireland will be so much more generous even than what will be made available here in England, as well as in Scotland and Wales. The only part of the United Kingdom that will therefore be treated unfairly is Northern Ireland. The cuts are to the bone, and through it.

The argument presented by the Department yesterday in a 15-minute presentation was that this would stop a breach of state aid rules. That simply is not good enough. We have to be given more substance and the legal arguments to demonstrate the precise nature of those state aid requirements, which do not appear to apply to another European Union member state—namely, the Republic of Ireland—or to the rest of the United Kingdom or any of its regions, whether Scotland, Wales or England. State aid rules are supposed to apply in the same way, yet Northern Ireland has been singled out to be treated differently.

The Department has a duty to make the case in public. It and the Secretary of State cannot give a 15-minute briefing to the shadow Secretary of State or us as Members of Parliament in a conference, and then expect us to sell it to the public. Do they think we are mad? That is not acceptable. The Department has a duty to stand up in public and to defend itself. Will the Secretary of State make herself and officials available to the Northern Ireland Affairs Committee for us to ask them the difficult questions? Let us at least have the opportunity to put those questions to the Secretary of State, because so far today we have had no answers to any questions.

For example, how did the Department come to the figure for the average cost of boilers in Northern Ireland? What was the basis on which that was done? The Department has given us a figure for the average cost, and are we just to accept it? We are not equipped to challenge that figure unless we see the evidence, but we are not allowed to see that evidence. We are just told that we have to accept it. We have the great sword of Damocles hanging over us—“If you don’t accept it by the end of the month, farmers will not be paid.” Blackmail is all that is, and it is wrong.

What is excluded from the cost assumptions in Northern Ireland? Are those same exclusions made to the cost assumptions here in England? We did not get any of that answer. We asked three or four times during the 15-minute presentation, and there were raised eyebrows, buts and tuts, and, “Ask someone down the video line. He might be able to tell you.” We were not able to confirm whether the £2,500 plumbing costs or the £1,000 electrical costs are included in the English scheme but excluded from the Northern Ireland scheme. If so, why? If they are, I am not the one to sell it to the general public in Northern Ireland on the basis of a 15-minute presentation; it is up to the Department to sell it.

When a person applies for one of these boilers, they have to seek planning permission, which is a costly exercise. They have to pay a lawyer and, usually, an architect. Is all that included in the English scheme but excluded from the Northern Ireland scheme? Apparently, it is included in the English scheme but excluded from the Northern Ireland scheme. If it is excluded from one on the basis that it is against state aid rules, I can tell the House there is an express train coming down the tracks towards those who try to include it in the English scheme. We have to address those issues.

Do the cost assumptions differ from what is permitted in England? If so, why do they differ? The Department and, indeed, the Secretary of State need to answer that question. If 12% is the rate of return, why can the rest of the UK work on a rate of return of between 8% and 23%, as my right hon. Friend the Member for East Antrim said? Why is there that differential? We were given an excuse yesterday. We were told 16 times that the European official had told the Department for the Economy that it could not move from 12%. Why can it not move from 12%? It is up to the Department to reveal the answer, if it has one. Why should I go out and sell it to my constituents when the Department told me that Europe has said it cannot do it? That might have been all right for the past 40 years, but from 29 March it will not be acceptable. Europe cannot tell us all those things, and it is therefore wrong, 23 days before we leave, that the EU is allowed to hold us to ransom on that point.

When we ask whether the state aid rules will still apply after 29 March, some lawyers say they will and others say they will not. Why should I make the case in public? It is up to departmental officials and the Secretary of State to make the case, and they have to answer those questions. Officials say that the EU does not allow them to stray from 12%. Why is that the case? A judicial review was lodged this morning, and the appeal will be heard in April. Is it really appropriate for us to change the tariff about 30 days before that judicial review hearing? I do not believe it is. I think that in itself could constitute knowledge that we were doing something wrong, and I think the Department needs to move.

The right hon. Member for Orkney and Shetland (Mr Carmichael) made the point well that the buy-out scheme is an admission that this scheme is flawed. If that is the case, the Government will pay out even more compensation if it goes to judicial review. Will the state aid rules apply after 29 March?

If we were successful in voting against the Bill tonight, would the payments stop on 1 April? The Secretary of State made that case. When we asked yesterday for evidence to back it up, we were told that it is just a legal opinion, but that legal opinion is being tested in the courts today because there is another equally valid legal opinion saying that it is a wrongful interpretation. We will know the outcome in the first or second week of April.

All those questions need to be answered in advance of our taking a decision. We are not being given the proper time to scrutinise this properly. It is little wonder that we have been inundated by calls, emails and personal visits from hundreds of constituents, businesses and farm families who are affected because this touches more than 2,000 owners in Northern Ireland. If those businesses go out of existence, that would be the equivalent of 60,000 or more small businesses closing here on the British mainland. That perhaps gives a sense of the proportion of what has been affected; we are talking about tens of thousands of families who would be affected if this was transferred over here. We have to address that matter properly. The Department has a duty to make that case in public. It is not our duty to make the case for it, because it is sitting on the evidence. I would therefore welcome the opportunity to scrutinise it properly; the Secretary of State and officials should come before the Select Committee. They should make themselves available instead of expecting us to nod this matter through.

I agree that if Stormont was in place tonight, this debate would be better placed there—that is where it should be taking place—but we have to deal with the cards as they are currently, and Stormont is not in place. It would therefore be a dereliction of our duty to do this in what we would describe locally as a “half-baked way”. Frankly, what we are doing here tonight is half-baked; this is not proper scrutiny, with Parliament at its best, but Parliament doing something and taking shortcuts. That will result in problems down the line. I fear that in a matter of months something will come out and people will say, “You really should not have taken that decision on 6 March 2019. It was a huge mistake.”

We are therefore right to be cautious about supporting this part of the Government’s proposal tonight. This House has a duty to carry out scrutiny, in the absence of the Assembly, and to do it properly. The Department, whenever we met its representatives, outlined how it came to its calculations, but the only conclusions I can draw is that if the Department for the Economy is right in what it has told us, the scheme currently operating here in England is unlawful. If that is the case, an even bigger question is raised. I have asked that very question of officials and looked at their answer. If officials know that that system was unlawful, they are on notice today that they had knowledge of it and, in effect, they let us know that they had knowledge of an unlawful system operating on the mainland. If that is the case, the scheme being proposed for the Republic of Ireland would, similarly, be unlawful under state aid rules. So the Government have a duty to allow us to scrutinise this properly. I welcome the fact that an amendment has been tabled, which we will get to debate later, and I hope the Government will be able to concede some of the points we have put to them and that we will be able to address those issues fairly.

I wish to end my remarks by referring to a couple of emails that I have received out of those from the hundreds of people who have been in touch with us. Whenever we boil things down to the actual person and family involved, we actually see what is happening. Jacqui and Thomas are from a farm family in my constituency. They said that the Department for the Economy has been “ignoring” them for months. They said that they have been emailing the Department, trying to make contact with it and sending it their questions about these matters when the consultation originally came out, but it has been ignoring “genuine RHI users”. Jacqui says:

“I totally object to be financially punished for adhering to the requirements of the Scheme and blame this department for putting my farming business at risk.”

That will have been repeated up and down the country, not just in my constituency, but across County Tyrone and in all of County Antrim, where we are a major food producer for these islands.

We must remember that this is largely about producing poultry that is sold in supermarkets up and down the UK. Most of the poultry eaten on this side of the channel is grown in County Antrim and County Tyrone. If this puts farm businesses at risk, it damages our food security and our biosecurity and everything is now at risk. That is the consequence of what we are doing; it damages businesses and it damages what we actually feed to our children. So let us address it and address it properly.

[Sammy Wilson]

Does my hon. Friend not think it is rather ironic that we have had all these debates in the House about the impact of Brexit on supply chains, yet here is a measure that, as he has rightly pointed out, could have a massive impact on the supply chain of the agri-food business in Northern Ireland and throughout the United Kingdom?

[Ian Paisley]

The consequences of and ripples out from this are so significant. It is not about cheap energy; it is about how we run our economy efficiently and effectively. What is our economy in Northern Ireland? It is principally small businesses that produce the best viable, traceable, tastiest food in these islands. We are putting that at risk, and we are putting those jobs and farm families at risk. We really need to pause, and the amendment tabled by the hon. Member for South West Wiltshire gives us that opportunity to try to get this right. I look forward to the second part of proceedings.

--- Later in debate ---

[The Minister of State, Northern Ireland Office (John Penrose)]

I will try to address a series of specific points that various Members have made during the course of this debate. I will also try to address some of the broader questions, some of them quite fundamental, about the RHI scheme and its many and manifest problems and shortcomings. That is partly because those issues were raised in the debate, but also because we are going on to consider an amendment in Committee and it may help to have a bigger shared fact base. This will not answer all the questions that will, quite rightly, be raised in Committee, but it may at least lay the foundations of that debate and help us to address them at that stage.

As the hon. Member for Bristol South (Karin Smyth) rightly said, we have had quite a narrow debate although with widely shared views across the House. I strongly agree with one point that she made at the end of her remarks, which is that it is easy to forget, amid all the concern about the flaws in the RHI scheme, that it was introduced for a very noble purpose as part of an attempt to decarbonise our economy by increasing the amount of renewable energy in Northern Ireland. That is part of a broader tapestry of other initiatives that are being introduced right across the UK and, indeed, in other countries around the world. We clearly should not lose sight of that—it is a vitally important point.

[Sammy Wilson]

Does the Minister agree that it is rather ironic that a scheme that is meant to decarbonise—for some people that is important; for others it is just an expensive burden on the economy—finishes up with wood being put into pellet form in North America, brought in ships across the Atlantic ocean, and then burned in boilers here in the United Kingdom? Does he really think that is a way of cutting down on carbon emissions?

[John Penrose]

The right hon. Gentleman said that he was not quite sure why burning wood was any better than burning other things, because the emissions are similar. If my hon. Friend the Member for Richmond Park (Zac Goldsmith) were here, he would make the point that we have to be extremely careful about how we calculate the carbon footprint of some supposedly renewable fuels, because if we cut down virgin rainforests to grow things that are then pelletised and burned, the overall genuine carbon footprint is much worse than people like to pretend.

However, my hon. Friend would also make a sharp distinction between what I think is called long-cycle carbon—in other words, fossil fuels, where carbon has been locked away for millions of years, are a net release that makes an overall difference to the level of carbon—and short-cycle carbon, which is a sort of short-term recycling whereby things are grown in the course of our lifetime and burned. I will not try your patience, Madam Deputy Speaker, by going into the detail of the level of greenery, but I hope we can all agree that this scheme, with all its manifest flaws, intended to pursue a noble purpose.

Before I go on to the details of the RHI scheme, I will address a few other points. The hon. Member for Belfast East (Gavin Robinson) asked a series of questions about Northern Ireland housing associations and, I think, was hoping to pin us down on when a piece of legislation might be introduced. I want to reassure him—my right hon. Friend the Secretary of State made this point, but I will repeat it—that the Government will take that forward as soon as parliamentary time allows.

The hon. Member for Rochdale (Tony Lloyd) asked about the stronger towns fund and said that he did not feel he had enough of an answer yesterday; I want to ensure that we try to provide that today. He will be aware that the Secretary of State for Housing, Communities and Local Government made an announcement yesterday. The Treasury will apply the Barnett formula in the normal way and confirm the funding for each region in due course. We do not know that yet, but it will come out, and we will seek to ensure that towns in Northern Ireland, Wales and Scotland can benefit, building on the success of the Government’s growth and city deals.

The hon. Gentleman also asked about the applicable costs of the RHI scheme. I will address that specific item before coming on to the broader points. The scheme guidance, which I am sure we are all itching to go through in huge detail, has been published, and it sets out clearly the eligible costs. They are primarily the costs of the boiler. He mentioned costs to do with installation, pipework and the like, and some of those are included as well. Interest costs on borrowing are apparently not included as an eligible cost in this scheme. I wanted to share that with everybody, so that we have a shared fact base before we go into Committee and discuss the detail of the amendment tabled by the Chairman of the Northern Ireland Affairs Committee, my hon. Friend the Member for South West Wiltshire (Dr Murrison).

Questions have been posed about the up-front payments and how they would be calculated for people who wanted to opt out of the scheme because they felt that if they remained in it, they would lose out too badly. Straightforwardly, an individual’s costs—that means the cost of installation, the capital cost of the boiler and other eligible installation and running costs—will all be included, and they will be reimbursed up to the 12% target rate of return for the revised scheme. All the additional costs of the renewable technology above a fossil fuel one will be reimbursed. That is crucial, because a number of Members have raised questions about what happens to people who are worried that they are going to lose out. The hon. Member for Strangford (Jim Shannon) read out an email he received from someone with precisely those concerns. If they are concerned that it will no longer be economic for them to stay in the scheme, they can opt out. It will be a free option for them, and they are guaranteed to have made 12% on their money if they decide to opt out at that stage.

Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Sammy Wilson Excerpts

2nd reading: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Karen Bradley]

I understand the hon. Gentleman’s concerns, but we have to be aware of the constitutional precedents that are set by changing the way we scrutinise these Bills. The way this Bill should be taken through is not as primary legislation; it should be an estimates process done in Stormont, in the same way as we vote on our Budget in this House. We do not have scrutiny of the Budget resolutions upstairs; we have a Finance Bill that puts them into legislation, but we vote on Ways and Means resolutions on the Floor of the House. Unfortunately, we do not have the ability to do that in Stormont, for well documented reasons. What I want is to see those politicians in Northern Ireland doing the right thing, coming back to Stormont and forming the Executive, so that all those proper processes can be applied. We should not kid ourselves that some substitute arrangement will offer a different approach; we have to see devolved government restored in Stormont.

[Sammy Wilson (East Antrim) (DUP)]

rose—

[Karen Bradley]

I know the right hon. Gentleman wants to come in, but I want to make some progress, because I am conscious that others want to speak and we want to make sure everyone has a chance to be heard.

Let me go back to the work we are doing today. Like last year, the draft budget sets headline allocations only. It will remain for Northern Ireland permanent secretaries to use the powers of this budget legislation and the draft budget position to take decisions to maintain public services and live within their means. Also like last year, the Bill does not propose any new moneys to be voted on for Northern Ireland. The totals to which it relates are either raised locally or have been subject to previous votes in Parliament, most recently in respect of the Supply and Appropriation (Anticipation and Adjustments) (No. 2) Bill, which has passed through this House and is now in the other House. Instead, the Bill looks back to confirm spending totals for 2018-19, to ensure that the Northern Ireland civil service has a secure legal basis for its spending in the past year. Taken as a whole, it represents the minimum necessary intervention to secure public finances at this juncture.

Let me turn briefly to the Bill’s contents, which largely rehearse what I set out to the House in spring last year when I introduced the Northern Ireland Budget (Anticipation and Adjustments) Act 2018. In short, the Bill authorises Northern Ireland Departments and certain other bodies to incur expenditure and use resources for the financial year ending on 31 March 2019—this month.

Clause 1 authorises the issue of £16.8 billion out of the Consolidated Fund of Northern Ireland. The allocation levels for each Northern Ireland Department and the other bodies in receipt of the funds are set out in schedule 1, which also states the purposes for which the funds are to be used.

Clause 2 authorises the use of resources amounting to some £20 billion in the year ending 31 March 2019 by the Northern Ireland Departments and other bodies listed in subsection (3).

Clause 3 sets revised limits on the accruing resources, including both operating and non-operating accruing resources in the current financial year. All are largely as they appeared in the Northern Ireland Budget Act 2018. The revised totals for Departments appear in schedules 1 and 2.

Clause 4 sets out the power for the Northern Ireland civil service to issue out of the Northern Ireland Consolidated Fund some £11.8 billion in cash for the forthcoming financial year. That is the vote-on-account provision that I have already outlined. It is linked to clause 6, which does the same in terms of resources. The value is set at around 70% of the sums available in both regards in the previous financial year. Schedules 3 and 4 operate on the same basis, with each departmental allocation simply set at 70% of the previous year, and clause 5 permits some temporary borrowing powers for cash-management purposes.

As I have already noted, all these sums relate to those that have already been voted for by Parliament, together with revenue generated locally in Northern Ireland. There is no new money in the Bill; there is simply the explicit authority to spend in full the moneys that have already been allocated.

--- Later in debate ---

[Sammy Wilson]

May I take the Secretary of State back to where she started, before she began going through the departmental allocations and the detail of the Bill? The whole point—it has been made time and again by Democratic Unionist party Members—is that there is no scrutiny of how the departmental allocations were reached. She is right that that scrutiny would normally be done through Stormont, but Stormont is not operating. A mechanism is available here, but there seems to be reluctance to use it because of the possible reaction from Sinn Féin. Not only is Sinn Féin stopping scrutiny in Stormont; the fear of how it will react is stopping scrutiny here. When will the Secretary of State realise that Sinn Féin cannot block the scrutiny of how money is spent in Northern Ireland by keeping the doors of Stormont shut and causing fear here about how it may react when we try to do the job in this place?

[Karen Bradley]

I know how strongly the right hon. Gentleman feels about that point, which he has raised on several occasions. He will know that we consulted on the process with all five main parties in Northern Ireland, with the Opposition and with the Northern Ireland Affairs Committee to allow some prior scrutiny of the figures. All parties had full sight of the figures that we published in last week’s written ministerial statement. He is absolutely right that normal scrutiny procedures are not in place—they will be in place only with the restoration of devolution—but I caution him against trying to create artificial scrutiny processes that might well set a precedent for the future across all the devolved nations. The right scrutiny processes are available to respect the constitutional arrangements across the whole United Kingdom and all the devolved Administrations.

Civil servants are taking decisions—not major policy decisions, but the decisions that the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 enables them to make and that we want them to be able to make. We have to be very careful about the civil service’s separation and independence from scrutiny by political masters. It is the political decisions that need scrutiny, not the decisions of civil servants. We would like to see Departments given full scrutiny in Stormont, as happens in this House, but we have to be very careful about the constitutional arrangements.

That brings me back to my point that the Bill would ordinarily have been taken through the Assembly. Clause 7 therefore includes a series of adaptations that ensure that, once approved by both Houses in Westminster, the Bill will be treated as though it were an Assembly budget Act. That will enable Northern Ireland public finances to continue to function, notwithstanding the absence of an Executive.

Alongside the Bill, I have laid before the House, as a Command Paper, a set of supplementary estimates for the Departments and bodies covered by the budget Bill. Those estimates, which have been prepared by the Northern Ireland Department of Finance, set out the breakdown of resource allocation in greater detail.

--- Later in debate ---

[Sammy Wilson (East Antrim) (DUP)]

General disappointment has been expressed that, for the third year now, expenditure in Northern Ireland is being approved through this unusual process in the House, with little or no scrutiny or knowledge of how the allocations to Departments have been decided. We do not know what arguments were made for giving 3.8%—or whatever it was—to health and 1.1% to education, while other Departments suffered an overall reduction and others’ budgets were kept static. We have had no opportunity to ask civil servants what cases were made or whether they were valid. As my hon. Friend the Member for Belfast East (Gavin Robinson) pointed out, it is not that there is no mechanism for such scrutiny; it is simply that a choice was made not to use the mechanism that is available through this House.

Of course, this should all have been done at Stormont. During the budget process, its committees ought to have brought civil servants in, asked them what bids were being made and what arguments were being employed, and then made a judgment on the merits of each case. However, we are not in that position—not because parties in Northern Ireland do not want the opportunity of scrutiny at Stormont, but simply because they have been prevented from carrying it out.

Using the terms of the arrangements for setting up a Government in Northern Ireland, Sinn Féin has been able to prevent the coalition arrangement that was forced through in the Belfast agreement from being implemented. Because including the two main parties in the Executive is a compulsory imposition rather than a voluntary arrangement, if one of those parties throws a hissy fit and decides that it does not want to be in the Executive, everybody is kept out—not just from the Executive, but from Stormont and from all the roles and responsibilities that they were elected for and would normally be entitled to carry out.

The Secretary of State quite rightly says that this process should be done at Stormont, but she knows that it cannot be done there. Like the shadow Secretary of State, I do not place the blame totally at the door of the Secretary of State. She has to operate within the rules, and the rules state that if one party decides to veto, not a great deal can be done about it. For reasons that I will explain in a moment or two, no powers of persuasion will persuade Sinn Féin to go into Stormont at this particular time; they have made that quite clear. Sinn Féin have thrown up every barrier. Whatever magic wand the Secretary of State might wave, she is not going to persuade them otherwise. However, there is one way in which she could put pressure on them, which is by making it quite clear to them that, through their inaction, the very thing that they do not want to happen—that is, rule by London—will happen, unless they are prepared to accept their responsibilities in Northern Ireland.

We find it difficult to understand why there has not been a willingness to take Sinn Féin on in that way, but I suspect that it is because of the advice given by the Northern Ireland Office, known colloquially among Unionists in Northern Ireland as the nest of vipers. The position of the Northern Ireland Office seems to be, “Don’t annoy Sinn Féin and don’t annoy the Irish Government.” I suspect that a large part of the reason why we have not moved to greater scrutiny and greater decision making by Ministers here is the advice of the Northern Ireland Office: “Don’t rock the boat.” But if we don’t rock the boat, we are going to stay on the path that we are on at present, which does not provide scrutiny of the most important issue for politicians—the expenditure of resources for the benefit of the community.

Not only do we not have scrutiny of the overall budget allocation, we do not even have scrutiny of the efficiency of current spending. Looking through the various headings for expenditure last year, or through the proposed 70% expenditure for next year, we can see many areas where there is great concern about the way in which money is spent. I will pick out just a few. Take, for example, the Department for the Economy. We have been trying to increase connectivity in Northern Ireland, yet despite all the evidence that supporting access to air services to other parts of the world helps economic growth, we have found an unwillingness to spend money in that area. One of the reasons that the Department has given is, “We don’t have any direction from a Minister. It’s not a decision that the civil service can make.” My hon. Friend the Member for South Antrim (Paul Girvan) has lobbied hard on this issue because Belfast international airport is in his constituency and there could be huge opportunities there.

Petroleum licensing is another example. There are huge opportunities in Northern Ireland but we cannot even get consultation on licences that could create hundreds of jobs in mining and oil exploration in rural areas in the west of the Province, where high-paid jobs are hard to come by. Money for broadband has been reprofiled because, despite the fact that £150 million was made available, decisions have not been made about spending that money. Hopefully, with the start of the money that has been allocated this year, we will find that the programme will be accelerated over the next number of years.

We allocate money to Tourism Ireland, and many people query whether that money is used effectively. When people travel into Belfast international airport, what hits them in the face when they come off the plane? An advert to send tourists who arrive at that airport down to Dublin—and our money pays for it. Yet there is no scrutiny of whether that is an effective way of spending public money to promote Northern Ireland.

I could go on with lots of other examples, but that is the kind of vacuum we are left with because of the lack of scrutiny not just of the general allocations of money across Departments but of the specific allocations within Departments.

[Maria Caulfield (Lewes) (Con)]

As members of the Northern Ireland Affairs Committee, we hear at first hand, nearly every week now, about how the lack of an Assembly and an Executive is affecting ordinary people, whether it is money not being spent on healthcare, schools where parents are having to bring in toilet rolls, or the Police of Service of Northern Ireland not knowing whether it can pay its staff at the end of the month. This is impacting the real lives of real people.

--- Later in debate ---

[Sammy Wilson]

The hon. Lady mentioned education. In the year for which we are now finalising the accounts, additional money was secured for education. That money was meant to go to frontline services in education—that is, the classrooms—but the Department of Education decided to allocate it to finance the education authority, which was running a deficit, and was leaning on schools that were running a deficit in their budgets. That is the kind of thing that would never have been allowed to happen if we had a functioning Assembly and a Minister rather than civil servants making these decisions. It is not just about the total amount of money that is allocated; we also have to be looking at how effectively that money is spent, and we do not have the means for doing that. If it cannot be done in Northern Ireland, then there should a means for doing it here.

The Secretary of State gave an explanation why she had allocated 70% of the expenditure to Departments for next year as opposed to the usual 45%—because there might be heavier expenditure at the beginning of the year than at the end of the year, and she therefore wanted to make sure that Departments did not run out of money. Given that most of the revenue expenditure has to be spread over the year because a lot of it goes on salaries and so on, I do not think that is a credible explanation. I think the Secretary of State knows full well that we will not have an Assembly up and running by June, because she knows what the problem is. She has talked to Sinn Féin and she knows the attitude of Sinn Féin. I suspect that 70% has been allocated so that she has the flexibility maybe even to bring the final budget to this House in September or October rather than be forced to bring it early in June because there is no Assembly up and running.

That brings me to one of the reasons why I believe we are having to do this again this year. Many people have said that it is about Brexit, or the fact that Sinn Féin cannot get agreement with the DUP about certain matters like an Irish language Act. Having said that, I do not know how anyone justifies tens of millions of pounds of expenditure on an Irish language Act at a time when we have the pressure on budgets that we have now. Certainly, it should not be a priority for expenditure or getting Stormont up and running again.

I welcome the additional money. For the information of the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), this is not a result of the Barnett formula not being properly applied. The Barnett formula is properly applied. Barnett formula allocations for Scotland and Northern Ireland are based on the expenditure decided for Departments in England. If there is an uplift in areas of spending in those Departments, it also comes to Scotland, Northern Ireland and Wales.

This is money over and above the Barnett formula. Scotland has experienced that on occasions, but we did not complain about it. It is wrong to suggest that this is a result of the Barnett formula not being properly applied. Some of the changes to the allocations that we are authorising for 2018-19 are a result of Barnett formula applications during the year, with additional money put into the budget since we discussed it last June having to be spent by Departments.

This is a challenging budget. The real reason why Sinn Féin are not prepared to enter the Assembly is that they do not have the political courage to make the decisions that a budget of this nature would require them to make. There is plenty of evidence for that. First, why did the Assembly collapse? Despite what people say about the renewable heat scheme and everything else, the Assembly would have collapsed anyhow, because the then Finance Minister had not even presented a budget to the Assembly. If it had not been presented to the Assembly, the Government would have collapsed because there would have been no money to spend. Why did he not present a budget two and a half years ago? Because he knew that there were hard decisions to be made, and he was not prepared to make them. His party was not prepared to go through the Lobby to back those decisions because it was looking over its shoulder at People Before Profit, which had taken votes off it in its heartlands in West Belfast and Londonderry.

If that was the problem then, it is still the problem today. Sinn Féin do not want to have to put their hand on the tiller and guide Northern Ireland through the difficulties of budget considerations. Governments here and in Scotland and Wales have to do that, as indeed do Governments in the Irish Republic. Sinn Féin would rather strut around the Irish Republic telling people that if they vote for Sinn Féin, the Government down there will not have to impose austerity measures. Of course, the one way to expose the nonsense of that claim is by Sinn Féin having to make decisions about budgets in Northern Ireland, but they do not want to do that.

That means that we have not been able to look at new areas of expenditure, and that is significant. Members have talked today about new pressures. For example, there is greater pressure on school budgets because of rising populations and a change in the distribution of populations, which sometimes expand and sometimes decline. There are greater pressures on mental health, which my hon. Friend the Member for Strangford (Jim Shannon) talked about. This budget reflects the decisions and priorities of the Executive of more than three years ago. Indeed, if we look at the heads of spending for 2018-19 and 2019-20, we see that it is a cut and paste. There are no new things, because that is not possible.

We pass legislation here to allow top civil servants and permanent secretaries to take decisions that could redirect some spending, but civil servants—wrongly, I think—have refused to use those powers on many occasions. It is frustrating that they have not been prepared to make decisions on even simple things, because they fear that if something goes wrong, they will be called before the Northern Ireland Audit Office or finish up on the front page of the Belfast Telegraph. It is not a great way of doing it, but at least some of these decisions should be made by civil servants.

We have a lack of scrutiny of the overall budget and of the detail of the budget, and we have no mechanism for deciding new priorities, all of which we are going to need in a dynamic economy. That is why this process is so damaging to Northern Ireland. It is damaging politically because it allows people simply to opt out of the political process. They entered that process, stood for election and got elected, but then they do not do their job.

I know there will be debates about how to do this, but I think one of the ways of pushing into doing their job properly those who are holding back our ability to do the job—we are doing it, and doing it very poorly, here today—is to make it quite clear that the stark choice is either to have local rule or to have rule from London. I believe that would be a huge embarrassment to Sinn Féin. It has been able to avoid that embarrassment because the Government here have refused to make such a decision.

We want to see devolution and we want people to be pressurised into going back into Stormont, however difficult that may be. Let me just say to the House that it is difficult. Look at the difficulties the Government have with the disparate views they have on their own Back Benches in this place. It is an indication of the skill that was used by politicians in Northern Ireland that, for many years, we ran a coalition that included people who would very happily sit on the Government Benches as well as people who might be uncomfortable sitting beside the Leader of the Opposition on the Opposition Benches because they are even to the left of him. We ran a coalition on that basis, but it has now collapsed, and following its collapse, this is an inadequate way of doing business for Northern Ireland.

Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Sammy Wilson Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Gavin Newlands]

It is a pleasure, Mrs Laing, to see Renfrewshire represented in the Chair.

I rise to speak very briefly at this stage, although perhaps not quite as briefly as the Secretary of State. Despite some disagreement from the Northern Ireland branch of my fan club on the Benches behind me, I stated clearly on Second Reading the SNP’s view, at least, of the commensurate funding that Scotland would be able to receive as a result of the additional Northern Ireland budget allocation.

It should be noted that the Scottish Parliament and the Welsh Assembly have just simultaneously debated, voted on and passed a motion calling on the Prime Minister to rule out no deal and to extend article 50. That is the first time that this has happened in the history of devolution. But I digress—I just wanted to put that on the record.

I made my point, notwithstanding the comments by the hon. Member for Belfast East (Gavin Robinson), on the clear and distinct issues present in Northern Ireland, which I wholly accept. But no Scottish MP worth their salt, or Scottish Secretary for that matter, would accept this situation without at least trying to ensure that Scotland received proportionate funding, and it is not cheap to attempt to do so. I outlined my reasoning at length on Second Reading, so I will curtail my remarks at this stage. Suffice it to say that the extra funds announced for this budget, which would amount to £400 million if Barnettised, could amount to 4,100 police officers, 4,500 nurses and 4,400 junior doctors. At this time when the Scottish Government are doubling childcare funding, an extra 5,000-plus nursery teachers could be paid for by Barnett consequentials from all the £140 million, or an entire borders railway with the £106 million change. Or, taken in the round, the extra £3.4 billion flowing from the DUP’s confidence and supply agreement, in addition to the new moneys, could be transformational. It could fund another three Aberdeen bypasses or nearly three additional Queensferry crossings, should we ever need such things.

[Sammy Wilson]

I am just wondering why so many people would want to bypass Aberdeen that it needs three roads round it.

[Gavin Newlands]

I pass no comment on Aberdeen, but this road has been a long time coming. The Scottish Government have just ordered it; thankfully there was an opportunity to say that. Sadly, even though the £3.4 billion could cover the cost of almost three Queensferry crossings, it would not even cover the cost of two Chris Graylings.

Clearly, we are unable to pursue this issue any further during the passage of this Bill, but the Scottish Secretary, the Chancellor and the Northern Ireland Secretary can rest assured that pursue it we will.

Northern Ireland: Security Situation

Sammy Wilson Excerpts

1st reading: House of Commons
Monday 21st January 2019 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

The current Taoiseach, Leo Varadkar, has overseen a deterioration in cross-border relations because of his belligerent behaviour towards Britain during the Brexit negotiations. Notwithstanding the hysterical reaction of the Irish Government to Britain’s decision to leave the EU, can the Secretary of State assure us that, not just at a police level but at a political level, security co-operation continues?

[Karen Bradley]

All I can say is that relations between the Police Service of Northern Ireland and An Garda Síochána are at an all-time high and continue to be good. They work towards the same ends: to thwart the terrorists wherever they may be operating.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Sammy Wilson Excerpts

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

[Owen Smith]

rose—

[Sammy Wilson (East Antrim) (DUP)]

rose—

[Karen Bradley]

I will give way to the right hon. Member for East Antrim, but then I must make progress.

--- Later in debate ---

[Sammy Wilson]

Does the Secretary of State accept that while there may be some grandstanding today by Members who want to force into the Bill policies that they particularly want to be implemented in Northern Ireland, against the wishes of the people of Northern Ireland, the Bill will not enable any public official to pursue such policies, regardless of whether an amendment goes into the Bill, because the Bill is not designed to give the powers that would rest with politicians and public representatives to civil servants, and, indeed, it would be unfair to do so?

[Karen Bradley]

The Bill will enable civil servants to act within the law as it stands today. It will not give them the ability to become lawmakers and to change the law. That is a very important point.

--- Later in debate ---

[Nigel Mills (Amber Valley) (Con)]

I am grateful to be called in this important debate and am happy to support this Bill. The measures within represent a sensible compromise, but this is like trying to find the least bad of all the really bad options. We would all agree that by far the best situation would be to have an Assembly and to have Ministers of the Executive in place taking such decisions, but that is not the situation that we are in, and it is not one, based on the dates set in this Bill, that I suspect we are going to see in the next six, eight or even 10 months. The question now is about what we should do here for the people of Northern Ireland to try to get important decisions taken to deliver public services as best as they can be delivered, to try to improve the economy in Northern Ireland, and to try to improve the lives of ordinary people.

There are no easy options here, and the most extreme would probably be to appoint direct rule Ministers from this Parliament to take such decisions. That would lead to sensitivities in the relationship with the Irish Republic and the nationalist community, which is sadly not represented in this House—at least not by any nationalist MPs. That is a radical decision that the Government are not keen to take. However, we could have been pursuing other possibilities to try to get a bit nearer to a situation in which we could take some of the decisions that need to be taken. The Northern Ireland Affairs Committee published a report that discussed how we could at least have a shadow Assembly or allow the committees to meet just to get some local engagement and local scrutiny to allow some decisions to be taken from here that have some level of accountability in Northern Ireland.

[Sammy Wilson]

The hon. Gentleman is making some interesting suggestions as to how there could be some democratic accountability even in the absence of a functioning Executive. However, just as Sinn Féin has blocked the formation of the Assembly and the introduction of direct rule, it has also made it clear that it would not even accept that level of accountability. That is where the real problem lies. Sinn Féin—the boycotters—have been pandered to for far too long.

[Nigel Mills]

I accept what the right hon. Gentleman says and do not pretend that any of the solutions are easy. Such issues were tested by the Select Committee, but it would have at least been worth trying to see whether we could have some sort of cross-community committees or assemblies. Even if Sinn Fein boycotted them, hopefully the other parties in the Assembly would have been willing to attend. There is a real prize here. There are decisions that need to be taken that would be of great benefit to Northern Ireland, but they will not be taken, even with the powers we are discussing here. If we could have found a compromise that got at least some of those things moving forward, it would not in any way have been a perfect solution, but it would have been better than what we have here.

--- Later in debate ---

[Dr Andrew Murrison (South West Wiltshire) (Con)]

It is a pleasure to speak in this Second Reading debate. May I start by expressing my admiration of and gratitude for the Secretary of State’s energy and perspicacity in trying to achieve a settlement in Northern Ireland? Whatever regrets we have about the situation in which we find ourselves, we are all united in our admiration for the energy that the Secretary of State has applied to this process. I sympathise with her, because in the actions she is taking she is trying to sail between Scylla and Charybdis: on the one hand, she must do nothing that would impede the restoration of proper democracy and the devolved settlement in Northern Ireland; on the other, she must do what she knows to be best for the people of Northern Ireland. I shall comment largely on my perception of Northern Ireland lagging well behind where it should be, and increasingly so. I shall express in unequivocal terms my fears about what that might mean in 10 months’ time, if we are no further on.

On Monday, I had the great pleasure of visiting Belfast with members of the Northern Ireland Affairs Committee. For the first time—to my very great shame—I visited the Royal Victoria Hospital, where I talked to deeply committed and dedicated professionals who are right at the top of their game and who work there doing their very best for the population of Northern Ireland. I must say to the Secretary of State that I came away deeply depressed, because it is clear that Northern Ireland is not getting what it deserves. In comparison with the population of the rest of the United Kingdom, it is lagging significantly behind on key healthcare indicators. We heard that morning from service users, particularly in the fields of mental health and cancer care—key healthcare areas. Were their experiences to be replicated in our constituencies, we would be very upset indeed. The reasons are complicated, but we are left to conclude that the absence for nearly two years now of Ministers capable of taking decisions is a significant part of the piece.

We are now to complicate another 10 months of potential delay, with no clear solution following that. We could call another election but, as has been alluded to already, without good will on the part of both the principal parties in this matter, it is likely as not that we would get pretty much the same outcome. I have detected no particular enthusiasm or appetite for an Irish language Act, which is the biggest roadblock to the process. I get a lot of people asking, “Why don’t I have the same healthcare expectations as people over the other side of the Irish sea?”, but I do not get angst expressed to me about the inclusion of an Irish language Act. It is self-evident that the vast majority of people in Northern Ireland simply want to get on with their lives. They want to have expectations across a range of public sector functions that at least approximate those that exist in Great Britain. It is a failure for all involved if they do not achieve that sort of approximation. We have a devolved settlement, so there will always be difference—of course there will—and I guess we should celebrate that, but the people of the United Kingdom have a legitimate expectation that, broadly speaking, outcomes will be similar right across the piece. That is not the case in Northern Ireland, and it is getting worse. We have to work out a way to deal with that.

I welcome the Bill, but it should have been introduced to the House well before now—incidentally, that would have given us more time to consider it—because I am afraid that the situation we are currently in was predictable. We have simply lost time. In so far as it is a straightforward, simple Bill that will achieve the outcomes that the Government want, I very much welcome it, although I would have gone much further. The need to go much further is in the guidance. I hope the Secretary of State has some sense from the House that we are likely to support her in the development of the guidance in the months ahead.

I assume that the guidance is the same as that which was given in draft form to the helpful Northern Ireland Office officials who briefed the Northern Ireland Affairs Committee a few days ago. Getting hold of a copy today was quite difficult, but if it is more or less the same, I have been through it and must say that it is cast in extremely anodyne terms. It refers to decisions made by the Executive who have now folded, and to the draft programme for government and its 12 exciting outcomes, which are of course not outcomes at all but aspirations cast in the most anodyne terms imaginable.

In the weeks and months ahead, the Secretary of State will be faced more and more with Northern Ireland slipping backwards compared with the rest of the United Kingdom, unless some fairly significant policy decisions are made. I do not know the extent to which, on the basis of this Bill, it is safe for the Northern Ireland civil service to make some of those decisions, because some of them are really quite complicated, but they need to be made if we are to see key public services restored to the level at which they should be.

[Sammy Wilson]

Does the hon. Gentleman share my concern not only about the policies that the civil servants will not implement—indeed, the Bill would not give them the powers to implement them anyhow—but that civil servants may even avoid the day-to-day functions of government, because the Bill does not instruct them to do anything? It simply says that it does not prevent them from doing anything. Given the inertia, caution, procrastination and lack of decision making that we have seen so far in the Northern Ireland civil service, there is no guarantee that any decisions will be made, even with the Bill.

[Dr Murrison]

With respect to the right hon. Gentleman, he is a little harsh on the Northern Ireland civil service, because of course civil servants will act as civil servants always do. They are not politicians, they do not do policy and they are acutely aware, all the time, of legal challenge. I take my hat off to David Sterling and his people for doing what they have managed to do since January or March 2017, but the fact is that key decisions have to be made. We have already heard about the distinction between policy and decision making; some of the decisions are policy, but some are simply nuts-and-bolts decision making. I fear that there will come a point when the line will be crossed, and the Secretary of State may very well come back here to seek further guidance from this House on what she can legitimately do to prevent the backsliding to which I have referred and hopefully start making progress on some of these key public service areas.

Reading through the guidance, I am heartened because it seems to give the Secretary of State really quite a lot of scope. She will have heard—and, I suspect, will continue to hear in the balance of this debate—a great deal of support from across the House for her being pretty proactive in issuing guidance to the civil service so that it can do what is necessary to advance the day-to-day living experience of the people of Northern Ireland. In particular, I note the enjoinder in the guidance that “particular weight” must be given to the avoidance of

“serious detriment to the public interest, public health and wellbeing”.

In response to the point made by the right hon. Member for East Antrim (Sammy Wilson) a few moments ago, I will reflect briefly on one example, which I mention as an exemplar more widely applicable to the whole piece. At the Royal Victoria Hospital on Monday, we heard from a group of cardiologists—people who are leaders in their field—how the inability to share data with the rest of the United Kingdom was proving to be an impediment because there was a failure of a particular decision that had to be made by a Minister. That has clear implications for healthcare in Northern Ireland, because if Northern Ireland cannot compare and contrast its performance and what it is doing with other parts of a similar healthcare service, it cannot really make improvements. That is just a small example of the kind of thing that we are talking about today which I hope will be covered in the guidance. I urge the Minister to ensure that the guidance that she issues is much more specific than that laid out in the framework published today. I think that she will end up having to issue really quite a lot of guidance, and I urge her very strongly indeed to push the limits as far as she possibly can.

I was particularly taken with the remarks of the hon. Member for Rochdale (Tony Lloyd), who speaks for the Opposition. It is actually quite rare in this place that there is much in the way of consensus. Mercifully, reaching it tends to be easier in matters to do with Northern Ireland than in most public policy areas. The hon. Gentleman’s remarks, which I very much welcome, were exceptionally positive in regard to our sense that the Secretary of State really will have to issue guidance that is as prescriptive as possible, within the scope of the Bill, in order to move things along in Northern Ireland. That is the sense that I got from the hon. Gentleman’s remarks.

I do not wish to go on too much longer, but I want to mention another point. In the Brexit context—there is always a risk that a debate like this will be overtaken by the issue of the moment—a great deal is going on in Northern Ireland at the moment that is of a unique nature. I have mentioned healthcare, but much of the economy in Northern Ireland is pretty unusual and has a uniqueness that needs to be reflected by those who are currently dealing with Brexit. Of course, it is a perfect storm in a sense, because not only is there a uniqueness regarding the various sectors; there is also a lack of an Executive—of a body advocating specifically for Northern Ireland. Now, the Government will say, “Well, it’s for us to negotiate in Brussels”, which is perfectly true, but we know full well that Scotland and Wales are separately making their points to our interlocutors in Brussels. That is not the case for Northern Ireland.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for South West Wiltshire (Dr Murrison), the Chairman of the Northern Affairs Committee. In his response to the Bill, he was, as always, considered and thoughtful. He highlighted the lack of ambition that we would ultimately like to see for good governance and for democratic decision making in Northern Ireland.

At the commencement of these proceedings, the Secretary of State made an announcement of condolences to the noble Lord Caine. May I take this opportunity, personally and on behalf of my party colleagues, to extend our condolences to the noble Lord Caine and to his mother following such a bereavement?

There has been a lot of talk so far about the Bill, and there is at least one level of consensus: it is what it is. It is not ambitious. It does not deliver good governance in Northern Ireland. It does not compel decision making in Northern Ireland. It provides no legislative vehicle for issues that require legislation in Northern Ireland. We understand and accept the position that the Secretary of State finds herself in—the constitutional barrier that she is wrestling with—but she knows that we are of the view that this place should be taking a much more interventionist approach towards the affairs of Northern Ireland and that, in that sense, the Bill is an opportunity missed.

I do, however, want to convey my appreciation to the officials from the Northern Ireland Office who have engaged directly with me and with my hon. Friend the Member for Belfast South (Emma Little Pengelly) in our consideration of this Bill. I spent much more time with them than I had planned to, and I think they spent much more time with me than they wished to. I think it fair to say that, while we are where we are, it is not ultimately where they or we would wish to be in terms of how we see this Bill.

But one thing is certain: we should not be here. We should not be yet again considering how we deliver for Northern Ireland in this Chamber—it should be happening at Stormont. Although we have thus far today considered this issue only lightly, Sinn Féin Members need to end their boycott of good governance, of democracy and of participation at Stormont and here at Westminster. They refuse to allow the re-formation of an Executive; they refuse to see a meeting of the Northern Ireland Assembly; and they refuse to take their seats in this House. They have shown no sign that they recognise the concerns of the people of Northern Ireland. They show no sign that they are impacted by the lack of decisions being taken in Northern Ireland. They show no sign that they are concerned about people on ever-increasing waiting lists and ever-increasing housing lists, or about the extension of our mitigation on universal credit and welfare reform that needs to be renewed next year. They show no sign of concern whatsoever.

[Sammy Wilson]

Does my hon. Friend agree that it is not fair that those Members of the Northern Ireland Assembly who do want to address those issues on behalf of their constituents are being punished by the Sinn Féin lock-out at Stormont? Until it is grasped by the Northern Ireland Office and by the Secretary of State that the responsibility lies at the door of only one party, and unless either the system for establishing the Executive of Northern Ireland is changed or it is made quite clear that sanctions will be imposed, this situation will continue, because there is no penalty on Sinn Féin.

[Gavin Robinson]

My right hon. Friend is entirely right. The majority of the 90 Assembly Members who have been elected to serve their constituents put themselves forward because they believe in public service, not stagnation. They are not like a puerile child participating in a game, not liking the rules, recognising they are not scoring goals, picking up the ball and walking off the pitch.

[Gavin Robinson]

That is an incredibly fair point to make, and I intend to address it later on. There has been a dereliction of duty. The opportunity to serve the people is not being taken by one party and one party alone. As it holds out for its purely partisan and narrow agenda, everyone else in Northern Ireland suffers.

No one should be under any illusion about our approach to these issues. In October last year, Arlene Foster, our party leader, indicated that she would seek the establishment of the Executive immediately and that if the Assembly created did not deal satisfactorily with the outstanding issues that had been raised as a stumbling block for progress, it should be brought down again in six months. She said, “Put me to the test.” She said, “Let us maturely and rationally reflect on the outstanding issues that you have; you can consider the outstanding issues that we have, and if we can’t resolve them, then bring it down—but at least try.” Before Arlene Foster sat down from making that speech, Sinn Féin had ruled it out. It had ruled out a restoration of the Executive, where Brexit and every public service that was of interest to the people of Northern Ireland could be considered.

As I reflect on these matters, standing here again to debate a Northern Ireland Bill that should not be necessary, I am reminded that the Secretary of State’s predecessor, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), said in September 2017 that nine months without a Government to steer policy had left the country with “no political direction” and left critical public service reform wanting. He continued:

“In the continuing absence of devolution, the UK government retains ultimate responsibility for good governance and political stability in Northern Ireland as part of the United Kingdom and we will not shirk from the necessary measures to deliver that.”

That was only 13 months ago, yet here we are. He famously talked of a “glide path” to direct rule. Frustratingly, this is a never-ending holding pattern. It is not in the interests of democracy and not in the interests of good government.

The Bill has been described—kindly—as a “limited measure”. It has been described by my constituency predecessor as

“a sticking plaster on a broken leg”.

It has been described as a poor substitute for democratically elected politicians in Northern Ireland making decisions that affect the people they serve. It is through that prism that we have to consider the Bill.

The Bill does not provide certainty. It contains no certainty on decisions. It does not provide compellability. There is no compulsion on civil servants to make decisions that impact the people of Northern Ireland—decisions that need movement—but on key policy areas, there is no compulsion to do so. There is no progress on the 200-plus decisions that have lain in abeyance among the range of Departments since the suspension of the Assembly.

[Sammy Wilson]

Is the worrying thing for my hon. Friend the fact that many of those 200 decisions are sitting there not because of the court decision, but because of the inertia that exists in the Northern Ireland civil service? The Bill will not make a blind bit of difference to the fact that some senior members of the civil service—not all—will not make a decision to get up in the morning if they think they might get some criticism for it.

[Gavin Robinson]

I am grateful to my right hon. Friend for his comment. I think it fair to say that there are a range of views on this issue, and some accord with the description that he has outlined. There are civil servants in the Northern Ireland civil service who have been incredibly courageous during the time that we have not had democratically accountable Ministers.

But there is the rub—the Bill relies solely on the willingness of a senior departmental official who is impervious to direction and impervious to the views of politically mandated, democratically elected representatives and who can decide whether or not they wish to proceed. The guidance is there, but if we go through that guidance fairly, I think we could decide that something is within the public interest or outwith it at our own discretion, and that is a fault.