Northern Ireland (Interim Arrangements) Bill

Stella Creasy Excerpts

Committee of the whole House & 3rd reading
Wednesday 10th May 2023 Commons Chamber

I will not seek to push any of the amendments to a vote today, but I certainly would like to use this platform to encourage the Government to take seriously those three particular angles around financial sustainability. Work can be done now in preparing for a return to devolution in the near future, but time is not on our side if we are to make the best use of the scarce resources available to us.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Thank you, Madam Chair. [Interruption.] Apologies, Dame Rosie, it is hard to remember all the different protocols, but I hope I can make up for it in making a short contribution. I put on record a number of concerns. I recognise that amendment 1, which we tabled to address the concerns directly, has not been selected, so let me speak in support of amendments 6 and 8 from my colleagues, as well as new clause 2. I think they all get at the same point, which is why it matters to have scrutiny.

Members in this Chamber who know of my interests in human rights in Northern Ireland might expect me to come at this issue from the question of what is happening with the delivery of abortion services in Northern Ireland. For several years now, that has been done by the Government, rather than the devolved Assembly overseeing it, because of the challenges within Northern Ireland. That powerfully makes the case, for example, for using the Fiscal Council or consulting the Northern Ireland Human Rights Commission, which has been a diligent and doughty defender of the rights of women in Northern Ireland to equal access to abortion.

However, I want to talk about the points that my amendment raised about the use by this Government of the powers in the Retained EU Law (Revocation and Reform) Bill, knowing that right now something very different is happening to that legislation, which nobody is clear about, as the Government are yet again hiding from scrutiny on it. That is not a new concern when it comes to Northern Ireland, because for months now we have been asking the Government to come clean about how they intend to use the powers in the Retained EU Law (Revocation and Reform) Bill in Northern Ireland. So far as I am aware, with today’s announcement there is no change to how that Bill approaches devolution, so let us be clear that it gives the Secretary of State, in proxy of the devolved Administration, the power to decide when the sunset clause that was in the legislation, which I think has now been removed, would kick in, and to replace, restate or revoke legislation. Those are serious powers over how thousands of regulations would be interpreted in Northern Ireland. In the absence of a sitting Assembly, those powers are falling to this Government and a Minister who cannot even be bothered to respect the issue, listen or engage with what is being said. That, again, tells us something about how seriously they take these powers. I digress, but I am sure that whatever I am saying about how he treats the employment rights of people in Northern Ireland is not as important as what he is talking to his Parliamentary Private Secretary about.

As ever with Northern Ireland and devolution, these are complicated issues. They are complicated in two different ways—first in the EU regulations that may or may not be at stake, and also in north-south co-operation, and the restrictions and requirements that are made in order to have convergence. Let me say a little, if I can, to resolve why those complications may happen, and therefore why amendments on the role of the Fiscal Council or the Human Rights Commission—or, indeed, about the ability to take evidence on, frankly, what the Government are doing on behalf of the people of Northern Ireland on this issue—matter.

This issue covers devolved competencies of things such as employment skills, pensions and child support, and environmental laws such as planning and equal opportunities. Northern Ireland Members will no doubt be as shocked as I was to discover that this Government were planning to delete, without any public consultation, people’s right to a basic protection that originally came through EU regulation, which was that if their company went bust, they would be entitled to at least 50% of their pension pot. Rules on pensions are devolved competencies, but the Government announced in the Retained EU Law (Revocation and Reform) Bill Committee that they will revoke at the end of this year the EU regulation holding businesses to account which makes sure that people have at least some basic protection. I do not know the status of that now, but it is a good example of the sort of legislation we would be talking about.

Obviously, Members who have huge experience of devolution would point out to me that when the UK left the European Union, the UK and the EU agreed the protocol—if I can dare to mention that word—which talked about maintaining the necessary conditions for north-south co-operation and protected the 1998 Good Friday agreement. In doing so, Northern Ireland stayed dynamically aligned over many of these areas of legislation, and the Minister may therefore say that this is not an issue to be concerned about and that it does not need this level of scrutiny, because these issues are covered by the protocol. However, Queen’s University Belfast is very clear that about 300 areas of EU regulation are not covered by the protocol, and therefore would be automatically deleted by the Retained EU Law (Revocation and Reform) Bill. They would cover many of these issues, and there is also the issue about direct effect cases, which is where the judgment about protecting people’s pension pot comes from.

The 142 areas of co-operation identified in 2017 as being underpinned by EU policy frameworks and north-south co-operation are the areas up for grabs. Indeed, there is ongoing co-operation in 61 areas. Let me give some examples of the sorts of EU laws that we would be talking about. There is the single-use plastics directive, the regulation on clinical trials of medicinal products for human use, directives about medicines, directives about organisation in agricultural markets—I know that is a deep concern for many of my colleagues representing constituencies in Northern Ireland—and EU Acts on the regulation of energy and electricity markets. This is not small fry when we add it all together.

The point of the amendment I tabled and of the questions we have been asking the Government is how, in the absence of Stormont to scrutinise, these devolved competencies may be used, given the potential impact of changing these regulations in undermining the Windsor framework and therefore changing the alignment on which many of these deals have been done. Those are not my words, but concerns raised by the European Union. The fact is that the Government have consistently tried to avoid even answering the question. They have suggested that the Stormont brake would apply, but it does not, because this is about existing legislation—not new legislation, but existing legislation. People currently have the right to have their pension pot protected, but we still do not know quite what will happen to that pension pot protection at the end of this year for anybody in the United Kingdom. However, certainly in Northern Ireland, where the competency of the devolved authority would be expected to be a part of it, the lack of clarity about how the Government are proceeding on this is deeply troubling, especially when we are entering into another process of having to bring in these interim arrangements, so there is even less scrutiny of how they are using those powers.

I have asked through freedom of information requests for information about the kinds of meetings the Government are having, because they have told us in answer to a written question:

“UK Government Officials have been proactively engaging with their counterparts in the Northern Ireland Civil Service on the progress of the Bill”.

What that means in layman’s terms is that some decisions must have been made about how to use those competencies, and we know that these interim arrangements will exactly cover the period during which those decisions are being made. Now, add into the chaos the announcement that the Retained EU Law (Revocation and Reform) Bill will be changed and we have a recipe for people in Northern Ireland with nobody having an eye on the ball when it comes to their basic rights, because the Government will not be clear or be scrutinised about those conversations and which devolved competences they may use to amend those rights.

--- Later in debate ---

[Mr Baker]

Yes, and I confess that my mind boggles that such a thing should have happened. Equally, I recognise that, standing here right now, I am not aware of the full circumstances. I certainly hear what the hon. Lady says, but even so I hope she will understand that right now I cannot accept the amendment.

Turning to amendments 7, 8 and 9 on specific consultees, we believe that this would be unnecessarily restrictive. Requiring the Secretary of State to direct the Department to consult the specified bodies listed in the amendment is not necessary. The consultee lists for the Northern Ireland Departments are well known and recognised, so we do not wish to pick out the three bodies over any others because it would beg the question, why not include them all? In particular, picking up on the Fiscal Council, the Secretary of State has already confirmed, I think through me, that he is engaged with the Fiscal Council. He is happy to commit to the Committee that he will ensure that it, and all the bodies listed in the amendment, will be consulted on budget sustainability. We therefore ask the hon. Member for Foyle (Colum Eastwood) not to press the amendment to a Division.

On amendment 11, on scrutiny and the scrutiny of Ministers, the approach in the Bill to the power of the Northern Ireland Assembly to call for witnesses and documents is consistent with previous circumstances where the UK Government have taken certain powers to give direction to Northern Ireland Departments. If UK Government Ministers give Northern Ireland Departments a direction, it is right and proper that the line of accountability comes here to Parliament, where UK Government Ministers are accountable. It is not appropriate for the Northern Ireland Assembly to be able to hold UK Government Ministers to account in that way.

On amendment 2, on communal divisions, the hon. Member for North Down (Stephen Farry) makes his points extremely well. He knows—I think I have illustrated it—that I feel his pain on this issue, but we already have, for the purpose of pursuing fiscal sustainability, the ability to take advice and pursue consultations. I certainly look forward to further conversations with him and to taking his advice on where we should look in relation to communal divisions. I will be glad to meet him to consider that issue further. On his amendment 3, on transformation, the Secretary of State would have the powers under the Bill to commission advice and go for consultations to achieve budget sustainability through transformation. I hope that the hon. Member will accept that the amendment is not strictly necessary, but once again, I hear him and he makes his point very well and with great force.

On the Retained EU Law (Revocation and Reform) Bill, I hope the hon. Member for Walthamstow (Stella Creasy) will accept that it is not the responsibility of the Northern Ireland Office to take it through the House, but I listened carefully to what she said about its impact on Northern Ireland. I am conscious that her amendment was not selected, so I hope that she will not mind if I do not go any further.

[Stella Creasy]

The Bill explicitly gives the Minister, in the absence of Stormont, the powers to use the devolved competences. Is he saying that he has not looked into those powers at all, or is he not prepared to talk about how he is exercising them?

[Mr Baker]

As on the face of the Bill, we will be able to seek advice from officials in the Northern Ireland Departments and require consultations, but we will have no powers to implement any of the measures on which we have taken advice. We are clear that devolution is the best way to govern Northern Ireland, as we have said many times.

With that, I am grateful to everyone who has participated in the Committee.