Northern Ireland: Restoring Devolution

Tony Lloyd Excerpts

Monday 21st October 2019 Commons Chamber

[Tony Lloyd (Rochdale) (Lab) (Urgent Question)]

To ask the Secretary of State for Northern Ireland to make a statement on progress towards restoring devolution in the light of today’s extension of the period in which the legal duty to call an Assembly election is removed under section 2 of the Northern Ireland (Executive Formation etc) Act 2019.

[The Secretary of State for Northern Ireland (Julian Smith)]

The period for Executive formation under the terms of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 is due to expire at the end of today, Monday 21 October, so I have laid before Parliament a statutory instrument to extend the period for Executive formation to 13 January 2020. That has the effect of ensuring that Northern Ireland Departments can continue to make decisions in accordance with the Act in the absence of Executive Ministers. Colleagues should be clear that the Act only provides guidance to the Northern Ireland civil service and is no substitute for everyday political decision making.

In reflecting on hundreds of interactions I have had with public sector workers, voluntary workers and members of the public, I understand that this continued absence is a huge disappointment. This extension also delays the legal obligation on me to call an Assembly election, but does not prevent me from calling an Assembly election at any time. The political parties have not reached an agreement to get Stormont back up and running, but extending this legal deadline has no bearing on my continuing efforts to restore the Executive.

As a result, from tomorrow, in relation to abortion law in Northern Ireland, sections 58 and 59 of the Offences Against the Person Act 1861 are repealed, and there will be, in addition, a moratorium on criminal prosecutions. A new legal framework for lawful access to abortion services in Northern Ireland will be put in place by 31 March 2020 in line with the 2018 UN convention on the elimination of all forms of discrimination against women report. I will be consulting on the new framework very soon.

On same-sex marriage and opposite-sex civil partnerships, regulations are to be made no later than 13 January 2020. There are two key areas on which we will consult: how to allow for religious same-sex marriage ceremonies; and the issue of conversion from civil partnership to marriage and vice versa. So that we can tailor the regulations appropriately, there will be a short consultation on these two issues before we introduce religious same-sex marriage in Northern Ireland. This will not detract from the regulations by 13 January 2020, providing for civil same-sex marriages and opposite-sex civil partnerships. The first civil same-sex marriages will take place in the week of Valentine’s day 2020.

We also intend to launch a public consultation on a scheme for payments to victims of troubles-related incidents in the coming days. I am also determined to ensure that the Government deliver on our commitments to broader legacy issues.

I cannot overstate the responsibilities of the Northern Ireland parties to find an accommodation and to ensure the future of the devolved institutions that form such an essential part of the peace process.

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[Tony Lloyd]

May I begin, Mr Speaker, by thanking you for granting this very important urgent question? Both the number and the importance of the issues that the Secretary of State has already raised with the House indicates how important it is that we have regular dialogue on Northern Ireland, but let me say to Government business managers that that has not been forthcoming at the level that we expect.

May I ask the Secretary of State a number of very specific questions? Brexit, according to the Chancellor of the Duchy of Lancaster, may still result in our crashing out of Europe. Is the Secretary of State certain that he has, already in preparation, the necessary legislative changes to bring before this House in the event of that no-deal Brexit? Even if we have a Brexit deal, is the Secretary of State satisfied that the Northern Ireland civil service, under the legislation that exists, has the necessary authority to make the very difficult decisions that it, and indeed other agencies, may have to make as we move through that Brexit process?

In particular, can the Secretary of State assure the House that the Police Service of Northern Ireland has the resources that it needs in the event of any form of civic disturbance? I do not want to emphasise what kind of disturbance there could be, but we may face a period of prolonged public unrest. Does the PSNI have the resources and the capacity to play that role? Will he also rule out any idea, as we have had in the past, of recommitting the Army to Northern Ireland?

The Secretary of State mentioned the important issues of abortion and same-sex marriage. If Stormont returns in the period between now and 13 January, will he work with Stormont to ensure that we have an acceptable solution? Given that post 1 April Stormont will have the capacity to alter any such law, will he ensure that Stormont and his Department work together to ensure that there is safe and legal abortion for the women of Northern Ireland in Northern Ireland, and that same-sex marriage can take place in Northern Ireland?

In the event that Stormont does not return, the Secretary of State needs to plan now for what will happen on 13 January. We know how quickly time goes by in the context of Northern Ireland. Just look at how quickly time has already gone by—1,000-plus days since Stormont met. The Secretary of State will face a difficult decision, and direct rule is a very unattractive proposition for many reasons. He may have to look at the election option to renew the mandate of a Stormont Assembly that has not met for so long. In any event, will he guarantee that he will work with the Irish Government in Dublin to ensure that strand two of the Good Friday agreement is respected?

There is unease across the Unionist community about the Prime Minister’s decision to change the terms under which consent is given by Northern Ireland. The Good Friday agreement was very clear about the need to take both communities together through any decision making around important constitutional issues for Northern Ireland. Does the Secretary of State accept the unease of the Unionist community? Does he also accept that he now has a duty to work hard to regain that trust—a trust that has frankly been betrayed by the decisions of Conservative MPs who once were Unionists and who have now abandoned their erstwhile friends?