Northern Ireland (Welfare Reform) Bill (Allocation of Time) Debate
Full Debate: Read Full DebateTheresa Villiers
Main Page: Theresa Villiers (Conservative - Chipping Barnet)Department Debates - View all Theresa Villiers's debates with the Northern Ireland Office
(8 years, 12 months ago)
Commons ChamberI beg to move,
That the following provisions shall apply to the proceedings on the Northern Ireland (Welfare Reform) Bill:
Timetable
(1) (a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration, and proceedings up to and including Third Reading shall be completed at today’s sitting.
(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) four hours after the commencement of proceedings on this Motion.
(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) six hours after the commencement of proceedings on this Motion.
Timing of proceedings and Questions to be put
(2) When the Bill has been read a second time:
(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;
(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.
(3) (a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.
(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.
(4) Where paragraph (2) or (4) of Standing Order No. 83L (Reconsideration of certification before Third Reading) applies in relation to the Bill, the Speaker shall, where it is not possible to do so immediately in accordance with paragraph (7) of that Order, announce the Speaker’s decisions under paragraph (2) or (4) of that Order no later than 15 minutes after the conclusion of proceedings on the previous stage of the Bill.
(5) Where a legislative grand committee decides on a Consent Motion under Standing Order No. 83M to withhold consent to the Bill or any Clause of or Schedule to the Bill or any amendment made to the Bill since Second Reading, the House shall proceed to Reconsideration of the Bill and any proceedings on consequential consideration without any Question being put.
(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chairman or Speaker shall forthwith put the following Questions (but no others) in the same order as they would fall to be put if this Order did not apply:
(a) any Question already proposed from the Chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(c) the Question on any amendment moved or Motion made by a Minister of the Crown;
(d) any other Question necessary for the disposal of the business to be concluded.
(7) On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
(8) If two or more Questions would fall to be put under paragraph (6)(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.
(9) If two or more Questions would fall to be put under paragraph (6)(d) in relation to successive provisions of the Bill, the Chairman shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.
Consideration of Lords Amendments
(10) (a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.
(11) (a) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph (10).
(b) The Speaker shall first put forthwith any Question already proposed from the Chair.
(c) If that Question is for the amendment of a Lords Amendment the Speaker shall then put forthwith:
(i) a single Question on any further Amendments to the Lords Amendment moved by a Minister of the Crown, and
(ii) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.
(d) The Speaker shall then put forthwith:
(i) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and
(ii) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.
(e) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees to a Lords Amendment.
(f) The Speaker shall then put forthwith the Question that this House agrees to all the remaining Lords Amendments.
(g) As soon as the House has:
(i) agreed or disagreed to a Lords Amendment, or
(ii) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to,
the Speaker shall put forthwith a single Question on any Amendments that are moved by a Minister of the Crown and are relevant to the Lords Amendment.
(h) Where a single Question would be put under sub-paragraph (c)(i), (d)(i) or (g) in circumstances where some or all of the Amendments concerned are certified under Standing Order No. 83O (Consideration of certified Motions or Amendments relating to Lords Amendments or other messages) in relation to a particular part or parts of the United Kingdom, the Speaker shall put forthwith—
(i) a single Question on any Amendments for which the certification is in relation to England,
(ii) a single Question on any Amendments for which the certification is in relation to England and Wales,
(iii) a single Question on any Amendments for which the certification is both in relation to England and in relation to England and Wales, and
(iv) a single Question on any Amendments for which there is no certification.
(i) Where a single Question would be put under sub-paragraph (f) in circumstances where, if there were (or are) separate Motions to agree in relation to each of the remaining Lords Amendments, some or all of the Motions would be (or are) certified under Standing Order No. 83O (Consideration of certified Motions or Amendments relating to Lords Amendments or other messages), the Speaker shall put forthwith—
(i) in the case of any remaining Lords Amendments for which there would be (or are) Motions certified in relation to England, the Question that this House agrees to those Lords Amendments,
(ii) in the case of any remaining Lords Amendments for which there would be (or are) Motions certified in relation to England and Wales, the Question that this House agrees to those Lords Amendments,
(iii) in the case of any remaining Lords Amendments for which there would be (or are) Motions certified both in relation to England and in relation to England and Wales, the Question that this House agrees to those Lords Amendments, and
(iv) in the case of any remaining Lords Amendments for which there would be (or are) Motions which would not be (or are not) certified, the Question that this House agrees to those Lords Amendments.
(j) If a division is held on a question put under sub-paragraph (h) or (i), the Amendments shall be agreed to only if, of those voting in the division—
(i) in a case falling within paragraph (i) of that sub-paragraph, a majority of Members and a majority of Members representing constituencies in England
(ii) in a case falling within paragraph (ii) of that sub-paragraph, a majority of Members and a majority of Members representing constituencies in England and Wales,
(iii) in a case falling within paragraph (iii) of that sub-paragraph, a majority of Members, a majority of Members representing constituencies in England and a majority of members representing constituencies in England and Wales, and
(iv) in a case falling within paragraph (iv) of that paragraph, a majority of Members,
vote in support of them.
(k) Paragraph (9) of Standing Order No. 83O shall apply to a decision made by virtue of sub-paragraph (j) above on a Question as it applies in relation to a decision made by virtue of paragraph (7) of that Order on a Motion.
Subsequent stages
(12) (a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.
(13) (a) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph (12).
(b) The Speaker shall first put forthwith any Question which has been proposed from the Chair.
(c) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.
(d) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.
(e) The Speaker shall, subject to sub-paragraphs (f) and (g), then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.
(f) Sub-paragraph (g) applies where, if there were (or are) separate Motions to agree in relation to each of the remaining Lords Proposals, some or all of the Motions would be (or are) certified under Standing Order No. 83O (Consideration of certified Motions or Amendments relating to Lords Amendments or other messages).
(g) The Speaker shall put forthwith—
(i) in the case of any remaining Lords Proposals for which there would be (or are) Motions certified in relation to England, the Question that this House agrees with the Lords in those Proposals,
(ii) in the case of any remaining Lords Proposals for which there would be (or are) Motions certified in relation to England and Wales, the Question that this House agrees with the Lords in those Proposals,
(iii) in the case of any remaining Lords Proposals for which there would be (or are) Motions certified both in relation to England and in relation to England and Wales, the Question that this House agrees with the Lords in those Proposals, and
(iv) in the case of any remaining Lords Proposals for which there would be (or are) Motions which would not be (or are not) certified, the Question that this House agrees with the Lords in those Proposals.
(h) If a division is held on a Question put under sub-paragraph (g), the Proposals shall be agreed to only if, of those voting in the division—
(i) in a case falling within paragraph (i) of that sub-paragraph, a majority of Members and a majority of Members representing constituencies in England,
(ii) in a case falling within paragraph (ii) of that sub-paragraph, a majority of Members and a majority of Members representing constituencies in England and Wales,
(iii) in a case falling within paragraph (iii) of that sub-paragraph, a majority of Members, a majority of Members representing constituencies in England and a majority of Members representing constituencies in England and Wales, and
(iv) in a case falling within paragraph (iv) of that sub-paragraph, a majority of Members
vote in support of them.
(i) Paragraph (9) of Standing Order No. 83O shall apply to a decision made by virtue of sub-paragraph (h) above on a Question as it applies in relation to a decision made by virtue of paragraph (7) of that Order on a Motion.
Reasons Committee
(14) (a) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chair.
(b) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.
(c) Proceedings in the Committee shall (so far as not previously concluded) be brought to a conclusion 30 minutes after their commencement.
(d) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (c), the Chair shall:
(i) first put forthwith any Question which has been proposed from the Chair, and
(ii) then put forthwith successively Questions on Motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.
(e) The proceedings of the Committee shall be reported without any further Question being put.
Miscellaneous
(15) Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.
(16) (a) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.
(b) Standing Order No. 15(1) (Exempted business) shall apply to those proceedings.
(17) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.
(18) (a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken or to recommit the Bill.
(b) The Question on any such Motion shall be put forthwith.
(19) (a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.
(b) The Question on any such Motion shall be put forthwith.
(20) The Speaker may not arrange for a debate to be held in accordance with Standing Order No. 24 (Emergency debates) on a day on which the Bill has been set down to be taken as an Order of the Day before the conclusion of any proceedings to which this Order applies.
(21) (a) This paragraph applies if the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies.
(b) No notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.
(22) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.
(23) (a) Any private business which has been set down for consideration at 7.00pm, 4.00pm or 2.00pm (as the case may be) on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders or by any Order of the House, be considered at the conclusion of the proceedings on the Bill on that day.
(b) Standing Order No. 15(1) (Exempted business) shall apply to the private business for a period of three hours from the conclusion of the proceedings on the Bill or, if those proceedings are concluded before the moment of interruption, for a period equal to the time elapsing between 7.00pm, 4.00pm or 2.00pm (as the case may be) and the conclusion of those proceedings.
In the course of my brief remarks, I also propose to address amendment (a).
From the outset, let me say that the Government fully accept that what we are asking the House to do today is exceptional. We agree that taking all stages of the Bill through the House in a single day is not ideal and I fully understand that a number of right hon. and hon. Members will have misgivings about it. I would very much prefer not to have had to take this approach. I note the amendment tabled by the Social Democratic and Labour party. However, I can assure the hon. Members who tabled the amendment and the whole House that the Government are embarking on this procedure only because we view it to be absolutely necessary in this specific case.
The Secretary of State may, like me, be a little reticent today, but will she reflect on the huge irony that on 5 September Martin McGuinness said it would be a huge mistake for the Secretary of State to be legislating on this matter, yet today he now welcomes it?
I very much welcome the fact that there is now a broadly based acknowledgement among the Northern Ireland parties that the financial sustainability of the Executive is crucial for the success of devolved power-sharing government, and that that requires the implementation of welfare reform. This has been a long and involved debate, but I am glad we have got to the right destination in the end.
I believe it is necessary to adopt this fast-track procedure to ensure that welfare reform is no longer an issue that is undermining the political process in Northern Ireland, as it has done over the past four years. I believe it is necessary to take this approach if we are to implement the agreement reached at Stormont last Tuesday, and I believe it is necessary that we take this approach to underpin the stability and survival of power-sharing devolved institutions at Stormont.
The proposed legislation is a fundamental part of the agreement reached last week. If we do not get it on to the statute book and continue with the implementation of last week’s agreement, there will be a very serious risk that devolution would collapse, leading to a return to direct rule. A resumption of direct rule would inevitably mean many items of long and complex primary legislation being taken through by Order in Council month after month, potentially year after year. Not only would that mean denying such legislation the scrutiny in the Assembly, but it would inevitably take up large amounts of parliamentary time.
I do not propose to detain the House for long on this procedural matter, but it is important to understand some of the background to the Bill in order to emphasise its crucial significance and the crucial importance of getting it on to the statute book as soon as possible.
The Secretary of State has chosen her words very carefully and very deliberately, describing rushing through all the stages of a welfare reform Bill in one day as “exceptional”, “not ideal” and “absolutely necessary”. Where does she think the emergency comes from? Who is going to renege on last week’s very welcome agreement? Which party is going to renege on it? Why should we have emergency procedure today and rush through all the stages?
As I will explain, the primary legislation enabled by the Bill has had extensive scrutiny over the last four years. The Order in Council published alongside the Bill reflects the proposed welfare legislation in the Northern Ireland Assembly that fell as a result of the tabling of a petition of concern. That proposed legislation had a First stage, a Second stage, a Committee stage, a Consideration stage, a Further Consideration stage and a Final stage, and there was an extensive debate on a legislative consent motion. It has, therefore, had extensive scrutiny, including 21 weeks of cross-party talks this year and last year. It is not an ideal way to legislate, but the proposed legislation, at its heart, has had extensive scrutiny.
The Secretary of State has outlined what debate there has already been on the terms of the Bill. Will she accept that one reason for urgency is that, until the Bill is passed, Northern Ireland will continue to lose money by the day to the Treasury by way of payments that have to be made back because of the differences in the welfare arrangements, and the Northern Ireland budget cannot sustain that?
The hon. Gentleman makes a valid point. The difference between the level of benefits in Great Britain and Northern Ireland is £2 million a week, which is a drain on the resources of the Executive that they can ill afford at this difficult time for the public finances. Successive attempts to resolve the welfare question over the last four years have foundered, which has contributed largely to a political crisis in Northern Ireland and the Executive’s finances. By early autumn, it looked increasingly likely that the issue would bring down the devolved institutions themselves. As he points out, this has been costing the Executive money—approximately £2 million a week. That is the difference between what the Treasury is prepared to pay—to fund up to parity with Great Britain—and the cost of continuing to run an old, unreformed welfare system in Northern Ireland. The Executive estimate that the cost to their budget will rise to more than £200 million next year and to more than £500 million a year by the end of this Parliament. That is simply unaffordable, and the figures do not even take into account the costs of IT.
Although welfare is technically a devolved matter in Northern Ireland, up to now it has always retained parity with the rest of the UK and been fully integrated into the UK system, through the Department for Work and Pensions. Once Great Britain moves entirely to the new system, based around universal credit, Northern Ireland will no longer have access to the DWP computer systems on which it currently relies to assess and deliver people’s benefits. It would be left with no option but to devise, implement and maintain an entirely separate and more expensive system and meet the massive costs of the IT needed to support it. For a small devolved Administration, that cost would be prohibitive.
The Secretary of State is explaining well the need for emergency legislation, and although it is not desirable to pass legislation in one day, it is far more desirable than the Assembly collapsing from not having a viable budget and all legislation having to come back here.
My hon. Friend makes a fair point. We have to get a move on with implementation. We do not want the “Fresh Start” agreement to suffer the same fate as the Stormont House agreement, implementation of which stalled relatively early on. It is important we do all we can to move ahead with implementation.
Is this not a massive climbdown by the Government? I say good luck and well done to the parties that stood out against the Government and their nasty welfare reforms. Should the Government not now fund a welfare system on the mainland in the same way as they are funding one in Northern Ireland with a £500 million bung to places such as Newry, Belfast and Omagh?
I would describe the outcome of the cross-party negotiations as a sensible compromise. The welfare reforms we have introduced in Great Britain, which we think are a better system, will be implemented in Northern Ireland, but from its own resources—from the block grant. The Northern Ireland Executive have made the reasonable and legitimate decision to top up some of those benefits.
I go back to my previous remarks. The cost of a computer system would be massive. Budgets for other Departments would have to be cut significantly to pay for a more expensive welfare system, with an inevitable impact on front-line services and capital spending available for crucial infrastructure such as road improvements, almost all of which would probably be swallowed up by the need to build a new computer system. That scenario would undermine the credibility of the devolved institutions but, even more importantly, do irreparable damage to the political relationships that are central to making power-sharing devolution work in practice.
Last December in the Stormont House agreement, the Northern Ireland parties agreed to take forward welfare reform as part of a wider package of measures. It is well known, however, that by March this year progress had begun to founder, when the two main nationalist parties withdrew their support for the Assembly legislation on welfare reform. On 26 May, that legislation passed its final stage, with the backing of three of the five main parties then in the Executive, but was blocked by the other two parties using the petition of concern, meaning that it did not have the necessary cross-community support, so by June we were once again faced with almost complete deadlock. The Executive then passed a budget that was based on an assumption that welfare reform would ultimately be adopted, but which would exceed the controlled totals available from the block grant if it was not.
The Secretary of State might add that Northern Ireland has achieved a better deal in terms of welfare payments, and it could have done so a year ago if parties had not tabled the petition of concern and instead supported the changes. Now we have people on the mainland complaining that we have a better deal, but that is because we negotiated it, and it could have been operational a year ago. It is Sinn Féin that has done the U-turn, no one else.
The hon. Gentleman is right to say that the arrangement could have been reached some time ago, but the important thing is that we have got to a sensible compromise. As for this being a good deal for Northern Ireland, I agree that the combined financial package—£2 billion under the Stormont House agreement and a further half a billion pounds or so under this agreement—will help Northern Ireland and will be a good deal, but it is aimed specifically at the challenges that are unique to Northern Ireland, such as dealing with peace walls, paramilitary-related crime and the terrorist threat.
I am most grateful to the Secretary of State for allowing me to intervene a second time. I wonder whether she could enlighten the House as to what exactly persuaded Sinn Féin, after all these weeks of arguing, rowing and opposing the welfare reforms, to do the deal last week? What was the turning point?
Order. This debate is on the allocation of time motion and we have Second Reading to come, so it might be helpful if we can try and stick to one point before we move on to the next.
I promise to speed through the remainder of my remarks. The hon. Lady may wish to direct that question to Sinn Féin, but at the heart of it I think Sinn Féin, like the other parties in the Executive, really wanted to make devolution work and realised that, without compromise on welfare questions, the Executive would not have a sustainable budget and that pretty soon that would mean no effective devolution at all.
Last year we made it clear that, if the welfare issue were not resolved, we would have to legislate here to deliver welfare reform in Northern Ireland, even without the consent of the Assembly, but we acknowledged that that was a last resort, and we made resolving the issue a key goal of the talks getting under way. As the House will be aware, they began on 8 September and successfully concluded 10 weeks later, last Tuesday, resulting in a new agreement, called “A Fresh Start: The Stormont Agreement and Implementation Plan”, which has been endorsed by the Northern Ireland Executive. In that agreement the Executive made a commitment to passing a legislative consent motion asking Westminster to legislate on its behalf for welfare reform. That motion was debated and passed by the Assembly last Wednesday with a majority of 70 to 22. It was supported by the First and Deputy First Ministers, and because it was backed by their respective parties—the DUP and Sinn Féin—it had the necessary cross-community support to succeed. The LCM therefore represents the clearly expressed will of the Northern Ireland Assembly that we in Westminster deliver this legislation.
The Assembly has moved quickly and decisively to deliver on its side of this crucial aspect of the “Fresh Start” agreement. It is now the responsibility of the Government to deliver on our side of that deal. We need to retain that momentum in the House; we cannot afford another stalled implementation process of the kind that occurred earlier this year. As both sides of the House acknowledged during my statement last week, if that were to happen, it is likely that early Assembly elections would result, followed by a real risk of suspension and direct rule. After all that has been achieved in Northern Ireland in recent years, that would be a very severe setback. It could take several years to re-establish devolution.
I urge the House to support the motion and the Bill that we shall debate shortly. In tabling this allocation of time motion, the Government have guaranteed six hours on the Floor of the House today for consideration of what is a very short Bill. I believe that will give us the opportunity to scrutinise all the tabled amendments and new clauses. With that in mind, I cannot support the SDLP amendment to the allocation of time motion, and if it is pressed to the vote, I must ask my colleagues to oppose it.
The motion as drafted reflects the long-standing practice of the House. Expedited legislation for Northern Ireland is by no means unusual. In fact, the last Northern Ireland Bill was very unusual and did not involve an expedited timetable. Withdrawing the amendment to the motion would allow us more time for debate on crucial amendments and new clauses as the debate continues this evening.
I also highlight the fact that the six hours of today’s debate is just one part of a much longer process. If the Bill passes, it will be followed by debates in both Houses to approve the Order in Council to be made under the powers contained in the Bill. It is also the case that the welfare legislation that it will enable us to introduce has been considered in depth in the context of its application in Great Britain and debated in this House on many occasions. The order, published alongside the Bill, reflects the draft legislation for Northern Ireland that was debated at very great length in the Assembly. As I said earlier, it went through no fewer than six stages of scrutiny stretching over three years, plus the recent debate on the LCM.
These measures have therefore been very extensively considered and scrutinised in the Assembly, as well as being the major focus of two sets of cross-party talks lasting for a total of 21 weeks this year and last. None of the contents of the measures will come as a surprise. They are a crucial part of an agreement that is vital to the stability and survival of devolved government in Northern Ireland—an agreement that genuinely offers a fresh start for Northern Ireland and its devolved institutions. It is vital that we implement it as a matter of urgency. That is why I am asking the House to adopt this emergency procedure today. I commend the motion to the House.
I think I covered most of the key points in my opening remarks. The motion, as drafted, is not unusual, and there is a fairly broad consensus on the need to progress with this legislation quickly. Right hon. and hon. Members will be aware of the grouping and selection, and I am sure they will be keen for us to debate everything we can in the hours ahead. I welcome the opportunity—
No, I am not giving way. I welcome the opportunity to debate the amendments tabled by the hon. Member for Foyle (Mark Durkan) at the Committee stage, and I am sure he will have sufficient time to put on the record these points as he so wishes. Obviously, he has also had considerable time during this discussion to make a number of useful points.
I still wish to press the amendment to a Division.
Question put, That the amendment be made.