(2 years, 1 month ago)
Commons ChamberIf the hon. Member had listened to me, he would know that the reference I made—the case of the Ormeau Road killings—was precisely that: a civil court process that revealed that collusion had taken place. [Interruption.] Well, it was a court process that led to the discovery; I am not sure where we go beyond that.
In the debate about the difference between murders that have occurred, and whether they have affected one section of the tribe in Northern Ireland or another section, I often remember often the words of John Hume, speaking from the Bench in front of us, when he once said that Irish Republicans killed more people in the name of Ireland and Irishness than all the other groups on our island put together. I think, whenever we get things into proportion, we see where the real killing fields were, and we should not allow any piece of legislation to distract us from getting those people to justice.
(2 years, 3 months ago)
Commons ChamberMy party believes in devolution very strongly; indeed, it has done a lot of the heavy lifting to make devolution work—more than many others—but I gently tell the hon. Gentleman that the cost of living crisis is accentuated in Northern Ireland by costs that are in the region of 27% to 34% higher because of the border in the Irish sea. The protocol has to be removed, or that crisis will go on and poison all relationships and the economy.
I understand that the hon. Gentleman’s party is committed to devolution and has been part of making that devolution process work over the years. I know that that transformed the situation on the ground in Northern Ireland. The Prime Minister’s protocol is something that must be debated in this Chamber. Members of the Democratic Unionist party are here to debate that in this Chamber, and I hope they take that opportunity. However, reform of the health service, things that could be done about the cost of living crisis and education are issues in the here and now, and I implore DUP Members to think seriously about what stopping reform on those issues would do.
One thing that all parties in Northern Ireland can unite on—the hon. Member for Strangford (Jim Shannon) made an important comment about this—is the legacy of the troubles. Over time, I have listened to many victims of the troubles and their families, and their common insistence is still that they want justice. I fear that this amnesty proposal, which would block inquests and other processes, will hinder that search for justice. That unites people across the political divide in Northern Ireland.
(4 years, 10 months ago)
Commons ChamberThat puts into context the unfortunate remarks last week of the Attorney General, who told us that this Parliament had no moral basis. This Parliament has enormous moral compass, no more so than when we examine the kind of issues that we are now examining. This is the message that ought to go out. There can never be a time when the House of Commons is irrelevant, and that is certainly not the case when we are debating the justice and urgency that victims are entitled to have. Members of the House of Commons must be here to do that.
There are things in the report that I strongly welcome. I strongly welcome, for example, the appointment of Brendan McAllister as the interim advocate, as that is an important step forward. From 12 August, I think, Mr McAllister has been engaged in work that he can achieve. In the end, we want a permanent commissioner to be appointed so that they can work across the piece, particularly with victims of abuse.
I do not need to speak for an awful lot longer, as I simply want to make one point. The hon. Member for North Down (Lady Hermon) is absolutely right that we need a firm timeline. I would strongly welcome the return of devolved governance in Stormont. Every Member of the House ought to want that. If it can be done and the legislation can expeditiously be put through that Stormont process, we welcome that. However, in the absence of Stormont we need a definitive view that this can be completed in the House of Commons.
I share the absolute commitment of the shadow Secretary of State—let us see the Assembly back up and running. Would he therefore make a request on behalf of Her Majesty’s Opposition to the Secretary of State to call a meeting of the Northern Ireland Assembly tomorrow at 10 am, and see who turns up and wants to do business?
I think that, regrettably, things are more complicated than that. I will say to the hon. Gentleman, however, that if the commitment is there to see Stormont back in operation, we will all, like him, do everything we can to support the process. One of the interesting aspects of the report is a recognition that all parties come together in agreement on this important issue. That is a lesson that ought to be taken back: when there is the will to move things on, there is political agreement, even between parties that are otherwise divided.
(5 years, 1 month ago)
Commons ChamberI will begin by making a central point about the Northern Ireland nature of the Bill. The UK Parliament, in the absence of a devolved Assembly, cannot ignore its constitutional duty to act on behalf of the people of Northern Ireland. Let me also say to the hon. Member for North Antrim (Ian Paisley) that to accuse women like Sarah Ewart and Denise Phelan of being part of a cheap political stunt is outrageous and unworthy of this House.
On a point of order, Mr Speaker. I say many things in this House, but I have not said the words that have been attributed to me from the Labour Front Bench and that should be withdrawn.
I do not recall what the position was, but if a Front Bencher, like any Member, has erred, it is incumbent on that Member to make the appropriate correction.
(5 years, 1 month ago)
Commons ChamberThe hon. Gentleman—my hon. Friend—has raised a very interesting point, and it is exactly the point that I was about to make myself. The two candidates for the leadership of the Conservative party—one of whom will, we assume, be the next Prime Minister of this country—are currently vying with each other to be the most no-deal Brexit candidate. That is very dangerous for Northern Ireland, and we know it would be disastrous for the whole United Kingdom economy. Those who read the article by Carolyn Fairbairn, the director general of the CBI, this morning will have seen a very well argued case for why the whole United Kingdom would suffer, but because she knows Northern Ireland she also makes the point that a no-deal Brexit would be massively dangerous for Northern Ireland.
The simple reality is that we know the following from many different sources. As the outgoing Chief Constable of the PSNI warned, the hard border across the island of Ireland which would inevitably follow a no-deal Brexit would become a potential target for the terrorists. A hard border, by making a target for terrorists, would lead certainly to members of the PSNI being put at risk and also potentially people more generally across Northern Ireland. Those are a serious warnings that we ought to take very seriously.
The Prime Minister said in an answer earlier this year that technical solutions effectively involving moving the border would still mean there is a border. Some involve equipment that could come under attack and some involve a degree of state surveillance that, frankly, I think would not be acceptable to the people of Northern Ireland. We have a very real situation here: a crash-out Brexit is massively threatening to the people of Northern Ireland and Northern Ireland more generally.
The hon. Gentleman has expressed the view today and on many other occasions that a crash-out Brexit would be against the terms of the Belfast or Good Friday agreement and this would cause many problems for the people of Northern Ireland. Does he equally believe that any attempt to legislate individually or separately for matters that should be within the ambit only of the Northern Ireland Assembly would also be outside the spirit of the Good Friday agreement?
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.
(5 years, 5 months ago)
Commons ChamberThe Bill is in many ways an abuse of the processes of the House. I hope that the Minister will take this seriously. There is no connection between the regional rates and the structure surrounding the renewable heat incentive scheme, and they should have been presented in two separate pieces of legislation. It is already obvious from the debate so far that there is massive concern about the RHI proposals on both sides of the House, and the level of scrutiny that we will be able to achieve this afternoon simply is not up to the importance of the Bill.
This is not a trivial matter. It is not trivial because in the end the concern expressed by the hon. Member for North Down (Lady Hermon) and others that there will be casualties of this process is real. My hon. Friend the Member for St Helens North (Conor McGinn) makes the point that many farms in Northern Ireland—small firms, quite often—are in a parlous state. It matters enormously if we get this legislation wrong.
I hope the Secretary of State will consider that, and I hope that we will not see again an attempt to bludgeon legislation like this through the House in such a short space of time. This should have been taken in Committee; there should have been the opportunity in Committee for a much more leisurely but much more intense form of exchange between the Secretary of State, the Minister and interested Members. That is the right and proper way of doing something of this import.
On regional rates, I want to pick up the point raised about business rates. It is difficult to argue against business rates being uprated by inflation—I think even the greatest quibblers would resist that—but it is important to register that across the different towns of Northern Ireland in particular, there are businesses that are struggling. I do not pick as in a vendetta on the town of Ballymena. I know there is some good news that the hon. Member for North Antrim (Ian Paisley) has been involved in—there are some new jobs coming into the town—but I think he will accept that I make no criticism of one of his towns if I say that the Ballymena of today is not the Ballymena of my youth. It is a town that does need uplift; it needs its businesses supported and an injection of resource.
I appreciate the shadow Secretary of State making those kind and glowing references to Ballymena. It has a significant part of the industrial base of Northern Ireland, but that has of course been damaged by the loss of jobs and EU regulations, and to some extent just because of world economic factors. But the fact of the matter is that there is a spirit of change and a spirit of trying to get new jobs back, and I am delighted that today about 60 new jobs will ultimately be financed at USEL—Ulster Supported Employment Ltd—in Ballymena, which is a wonderful scheme that brings disadvantaged young people on and into the workplace and encourages the development of a circular economy.
Like the hon. Gentleman, I very much welcome this piece of good news, but it has to be set against the fact that we do need to see renewal in many towns, and I want to return to a question I raised with Ministers yesterday about the stronger towns moneys. I did not get a response to the question I raised; there was no certainty on that. The Communities Secretary made it clear that the stronger towns moneys were available of course for England but also for Wales, Scotland and Northern Ireland. In Wales and Scotland, I assume those moneys will be diverted through the devolved Administrations there, but with Northern Ireland, we do need some certainty that there is political process and there will be political decision making that can ensure that, whether in Ballymena or any other town, there will be access to the stronger towns moneys. That is important in the context of the debate we are having; yes, we welcome the relative capping of the business rates but we want a recognition that there is still need for legitimate support for businesses across Northern Ireland.
I want to pick up the points made by my hon. Friend the Member for Ogmore (Chris Elmore). He made some interesting comments about the impact of the domestic rate increase. An increase of 3% plus inflation is perhaps supportable for many people, but it is interesting to compare with the Government’s proposed uprating for benefits: for universal credit, for example, that will be 2.4% in total. So 3% plus inflation is a bigger cost being imposed on the many families in Northern Ireland who struggle—for instance, low-income families or families on minimum wage. That kind of impact must be considered.
The Secretary of State says that the people of Northern Ireland should make a contribution as well as the Treasury, but let me make the obvious point that the people of Northern Ireland do make a contribution to Treasury moneys: they pay income tax, they pay VAT and they pay all the other taxes that are paid by people throughout the United Kingdom.
In those terms, this is effectively a redistribution from UK-wide taxation—which is perhaps not as progressive as I would like, but at least it has some sense of progression—to a more regressive form of taxation around regional rates. Nevertheless, the many sectors such as local authorities and, most importantly, education spend and health spend that depend on regional rates certainly need to see these resources coming in, so it would be hard to resist the case for this legislation being needed. It also has time import, in that the new financial year will not be long delayed.
However, that is not the case with the legislation relating to the renewable heat incentive. The consultation on the present scheme began last May and finished last September, and this legislation should have been brought before the House long before now if the intention was to implement it on the third parties on 1 April. It is unacceptable that we are now having to legislate at breakneck speed, just as we did yesterday. The legislation is being forced through the House without the opportunity for proper scrutiny. I have to say to the Secretary of State, although not unkindly, that I did not find her answers convincing when she responded to questions raised by previous speakers. I did not honestly feel that the House knew whether the legislation was necessary. I shall go into further detail on that in a moment.
Will the Secretary of State tell me when the Department for the Economy in Northern Ireland began to talk to the Northern Ireland Office about the need for an uprating? We know that there was an uprating last year, roughly 12 months ago, and it should have been obvious to everybody, particularly as this had gone out to consultation, that there would be a need for legislation, so why are we doing this so late on? Alternatively, why has it been necessary to do all this today? Could we not have had a Second Reading today, after which the Bill could have gone into Committee in the normal way and completed its progress later on, having had proper scrutiny throughout the process? This matters, for all the reasons that have already been given in exchanges with the Secretary of State. We have to be certain that the scrutiny is sufficient to reveal exactly what is happening.
On the specific details, I want to ask the Secretary of State some questions that are parallel to those already raised by hon. Members. An argument that is used to underline her case is that only by moving in this direction can we ensure state aid compliance and that this is the only legal basis, other than the complete abolition of the scheme, for reform of the RHI system. I do not know whether that is true. Nothing that has been presented to the House gives us any reason to believe that this is exactly what the European Union has said.
The hon. Member for North Antrim asked why the situation in Great Britain should be different from the situation in Northern Ireland. Why does one involve state aid compliance but not the other? Conversely, one of the proposals in the Ricardo review was to look at the introduction of the GB tariffs in Northern Ireland, and if those tariffs are legitimate for my constituents in Rochdale, why are they not legitimate for people in Northern Ireland?
The right hon. Gentleman is absolutely right, and to the extent that some of those affected were in court this morning. Specifically, I understand that the judge said that he will not rule on the request for judicial review today because the scheme has not yet been implemented and is therefore not yet in breach. However, he will ensure that any judicial review is expedited once the scheme is in operation. I was going to make this point later, but I will simply do so now, and the Secretary of State and the Minister of State need to address it. What will the Government’s position be if they face judicial review and a challenge that the measure is outwith the competence of our legal framework? There is real risk of that, given that people have signed up to things in expectation of a certain income flow over the years and decades to come, as hon. Members have said. Such issues are not trivial.
The shadow Secretary of State is absolutely right. Apparently, this morning, at the High Court in Belfast, a judicial review was not launched and the date for the hearing will be the first week of April. We therefore have to wait until a few days after the change to the new financial year to have an answer. Surely it would be far better to postpone a decision until we have an answer, keeping the current rate until then.
That seems logical, but—I am not a lawyer, so the hon. Gentleman will forgive me if I am not right—the problem is that the judge has ruled that, because the scheme is not in operation, he cannot yet judicially review it. So we have to wait for the implementation of the scheme before the judicial review can be taken forward. One way or the other, that is not a satisfactory way of organising our affairs.
I now come on to the question of installation, which is important. The Secretary of State suggested that the buy-out scheme will protect people. I will use a specific example, which I have no reason to doubt. A Northern Ireland farmer installed a boiler and system in 2015, at the end of the scheme. He tells me that the boiler and the feed system cost just under £36,000 to install. On top of that he had to pay £8,600 for plumbing and electrical costs, so a total of £44,600. He also had to do necessary works to house the boiler properly. He talks about various different things. The total further cost was some £28,000. I will not go into the different costs, but his case to me is that, in total, he had to invest some £76,000 to make this system work for him and his farm.
When the Secretary of State tells us that the buy-out scheme will look at the cost of the boiler and so on, plus 12% for the expected return, what is the basis for the boiler costs that will be allowable? Is it simply the cost of the boiler, or is it the cost of the boiler, the necessary installation and those things necessary to allow the boiler to work? That is material because, in the real world, boilers do not sit in the middle of a field—they do not sit in isolation.
There are real issues in such cases. This farmer tells me that he is likely to have to find an extra £3,000 a year as a result of all these changes. That £3,000 is material to a marginal business, so we have to take into account the impact of real damage to individual farms. This farmer tells me that he took out a loan over 10 years at an interest rate of 3.5 percentage points over the base rate. The annual repayment costs are some £9,000. Those are material costs that he will continue to have to pay unless the buy-out scheme covers him on the impact of the change to the scheme.
I thank the hon. Gentleman for his generosity in giving way. Is it not a fact that the weight of what he says is that the scheme now operating here on the British mainland must therefore be flawed? It has to be in breach of the state aid rules, or else the Northern Ireland Office’s proposals are wrong. They cannot both be right, and that matter must be challenged and identified.
I am not being generous with my time because we have to tease out these important issues, and we have to get answers to give us some certainty that the scheme is both necessary and sufficient to protect the interests of those who have acted in good faith.
(5 years, 5 months ago)
Commons ChamberIn his closing remarks, the Minister, who I believe was trying to be helpful, talked about the further exchanges that might take place in Committee. However, I think it would be remarkably difficult to prolong this debate in any meaningful detail, because of the granularity that was drawn to our attention by the hon. Member for South West Wiltshire (Dr Murrison). It will be about real-life cases of “winners, probably not, but losers, almost certainly”, which will become apparent only following the passage of some time. In that sense, I think the hon. Gentleman made an intelligent proposal when he said that we should consider how to proceed with pre-legislative scrutiny, and, indeed, I called for that on Second Reading.
In that context, I strongly support the new clause. As the hon. Gentleman said, it is not the perfect way forward, and it is probably not the best-structured way of achieving his ambitions and the wishes of other Members for adequate scrutiny, but it may well be the best that that we can achieve. I have confidence in the members of his Committee—I must have confidence in those colleagues of ours—because they do at least have a legitimate track record of both interest in the affairs of Northern Ireland and a determination to use the power of the Committee not only to hold the United Kingdom Government to account but increasingly, in this period of non-devolution, to raise matters that cannot be properly scrutinised in the context of Stormont. Ideally, if the world were different, there would be the equivalent of our Public Accounts Committee at Stormont level, but, although it existed in a functioning Stormont, it does not exist in the current circumstances.
I do not think I need to say any more, except that we support the new clause, although I am sure that if the Secretary of State has ambitions to take such action in an even better way, we will listen to her proposals.
It is always an honour to serve under your chairmanship, Sir Lindsay.
I support the new clause. It has the overwhelming support of the parties here and of the Select Committee, which has been rightly identified as the Committee that should try to organise the scrutiny. I approve of the requirement in the new clause that the Secretary of State should bear in mind
“any relevant recommendations made by any select committee of the House”.
A number of points were made on Second Reading but, in particular, Members asked where the evidence came from and on what we were basing this, and my hon. Friend the Member for North Down (Lady Hermon) asked whether we could see the material. Yesterday was the first time that I, and many of my colleagues, were able to see the material on which tonight’s discussion is based. I have it in my hand. There is not a lot of it: it contains 300 words and three graphs. On the basis of a 300-word document with three graphs, we are being asked to agree a multi-million-pound subsidy cut in Northern Ireland. That is not right.
This requires scrutiny. Those 300 words may have convinced some people, and the Minister made a very good fist of making the case, but they are not a compelling argument. We need to be able to see the evidence that has convinced the Department that it is doing right and the rest of the United Kingdom is doing wrong, and that, if the Irish Republic comes on stream, it too will be doing wrong. We need to see the evidence for those claims.
I asked a few questions that need to be answered by the Secretary of State or her senior officials. That can happen only in a Committee, because they have not been answered on Second Reading, and I do not know if they will be answered in Committee. I welcome the new clause that has been tabled by colleagues; I hope that it attracts support and that the Secretary of State can demonstrate to us, if she does not want us to accept it, that she will take cognisance of what a Committee will say and of scrutiny that will actually take place.
(5 years, 5 months ago)
Commons ChamberI appreciate the point the shadow Secretary of State is making, and we respect the difference that exists on those views. Will he confirm that the views he has expressed are diametrically opposed to those of his sister party in Northern Ireland and to many members of the Social Democratic and Labour party?
I have to say to the hon. Gentleman that this does not obviate the absolute necessity for this House to recognise that, whatever people’s views, we have to look at our obligations under the European convention on human rights. We have to take that on board: human rights are the human rights of a person in North Antrim just as much as they are of someone in my constituency of Rochdale in the north end of Greater Manchester.
Let me also say that, ultimately, I would of course sooner that this was done in Stormont. Of course we would sooner see Stormont Members take it forward. In the meantime, however, it is not Stormont or Northern Ireland that is in breach of its treaty obligations, but the United Kingdom. Because it is the United Kingdom, the obligation is on this UK Parliament to be the one that now resolves the issue.
I will not go on at any greater length, but I hope I have made the Labour party position very clear. We would support any action in this Chamber to resolve the two issues of equal marriage and of the safe and equal abortion for women in Northern Ireland. I hope that the Secretary of State, emboldened by that commitment, will recognise that justice can now be served only by moving forward to prevent the experiences of the Sarah Ewarts of this world, to prevent a mother facing potential criminalisation because she wants to help her daughter, to help women who try to obtain the morning-after pill and are under investigation by the PSNI and to move our world forward and put those in Northern Ireland in the same position as I would expect for my own constituents.
(6 years, 1 month ago)
Commons ChamberI am grateful to the Secretary of State, but there is a difficult question about the capacity of the Northern Ireland civil service to make decisions. The Court ruled in the case of a controversial planning decision that is no longer deemed to be legitimate unless there is a further appeal by whomsoever, but this goes way beyond that case, as Northern Ireland Members have said. We need certainty about how money can be spent, what budgetary headings in the Bill can be transformed into practical decisions and whether the civil service has the capacity to make those decisions.
This is not an abstract, theoretical game. It will be a day-to-day game with the possibility of judicial review taking place on any and every occasion. We need certainty. In the mini-budget in March, the Secretary of State talked about seeking legal advice on how the money can be spent, but we need early certainty on the public record so that civil servants know what their capacity is. Beyond civil servants, we need certainty so that the people of Northern Ireland know how their money can be spent, because difficult and time-sensitive issues are looming.
The hon. Member for Strangford (Jim Shannon) has mentioned the north-south connector on many occasions. The decision in principle has already been taken, so in one sense that ought to be a relatively easy decision, but providing the moneys to make the connector work requires decision making by individuals or a structure that cannot subsequently be challenged in the courts. That is enormously important.
I join the hon. Members for North Down (Lady Hermon) and for North Antrim and the right hon. Member for Belfast North (Nigel Dodds) in their challenge to the Secretary of State on the role of the PSNI. All other things being equal, our country will leave the European Union on 29 March. In her statement earlier, the Prime Minister said that a range of possibilities were being considered, including a no deal outcome. The PSNI Chief Constable has made it clear that that no deal outcome would require further staffing—a serious increase in numbers. I can assure the Secretary of State that that is time-sensitive because it is not possible, even between now and the end of March, to recruit and train 300 new members of the PSNI. It is important to recognise that. It is time-sensitive and, actually, the time is already long overdue.
I appreciate what the shadow Secretary of State has put on the record. It is important in terms of the lack of numbers. Under the Patten recommendation, police are down by 1,000, which needs to be rectified. He is right that it will take time. What worries me most—I hope that he agrees—is that, in the top team of the PSNI, six of the nine senior officers are currently on temporary contracts because the Policing Board is not functioning. That needs to be solved immediately for the good governance of policing in Northern Ireland.
(6 years, 2 months ago)
Commons Chamberl am not sure whether the right hon. Gentleman has just undermined the “no precondition” point made by the right hon. Member for Lagan Valley. However, I think that in that context it would be very helpful if the Secretary of State now said to all the parties in the Assembly, “Let us get around the table and discuss abortion law reform.” If this issue matters, it must transcend some of the other issues that have caused blockage in the recent past. That, I know, is a challenge for Northern Ireland Members, in this Westminster Parliament as well as in the Assembly, but it is a challenge that politicians must take up. We must see the Assembly up and running: that is fundamental.
I mentioned the case that is before the Supreme Court, and the hon. and learned Member for Edinburgh South West was absolutely right to ask the question that she put to the Secretary of State. I cannot anticipate how the Supreme Court will respond to the case, but it turns on the question of whether it is compatible with our obligations under the European convention on human rights for women who are bearing children as a result of rape or incest, or children with fatal foetal abnormalities or extreme malformations, not to have access to legal, safe abortion in Northern Ireland. Depending on the direction the Supreme Court takes in its decision, I think the Secretary of State and her Cabinet colleagues will have to consider very seriously how we could begin to address that at the Westminster level; it will be a Westminster issue, not a Stormont issue.
Does that not identify a huge flaw in this entire debate? Some 98% of all abortions carried out in the United Kingdom are carried out on pregnancies that could continue to full term. They are not inconvenient—or rather, they are not foetal abnormality cases or crisis pregnancies. They are unwanted pregnancies, and the provision that the hon. Gentleman is now saying should be introduced to Northern Ireland is not about the minority of difficult cases; it is about opening up termination of life to all. That is the fatal flaw in his argument, because that was rejected out of hand by all the parties in Northern Ireland.
I am sorry, but I have to say to the hon. Gentleman that he was not listening to anything that I said. What I have said has been very clear: in the case of the Westminster Parliament having to respond to the Supreme Court, that would be in a very limited and restricted number of cases that are very clearly defined. I also said that it would be incumbent on the Stormont Assembly to legislate for the situation in Northern Ireland, and it would be up to the Assembly to decide the limitations on the law and its impact in Northern Ireland.