Northern Ireland (Stormont Agreement and Implementation Plan) Bill

Lord Coaker Excerpts

Monday 22nd February 2016 Commons Chamber

[Vernon Coaker (Gedling) (Lab)]

I welcome the Secretary of State to the debate, and I hope she stays in.

The Bill delivers some of the key aspects of the 17 November 2015 fresh start agreement and the 2014 Stormont House agreement. These agreements ended a financial and political impasse in Northern Ireland that threatened the survival of the devolved institutions and exposed us to the very real possibility of a return to direct rule, which would of course have been disastrous. The Bill is therefore very welcome.

As we address the substance of the Bill, it is crucial for us to stress the importance of economic development. As the Secretary of State acknowledged, the job losses announced at Bombardier last week were a terrible blow to advanced manufacturing in Northern Ireland and a personal tragedy for those who will lose their jobs and for their families. They will now, of course, have to seek employment elsewhere. Jobs in Northern Ireland, as across the UK, are crucial as the strength of the economy and opportunity help to deliver continued progress for everyone.

Of course Bombardier operates in an incredibly competitive global market and demand in that world market has not been as strong as we would have liked. However, the Government have a responsibility, so what are they doing to support those who remain at Bombardier? What are they doing to help ensure that those workers find a route back to employment as swiftly as possible? When the Under-Secretary of State for Northern Ireland, the hon. Member for Wyre and Preston North (Mr Wallace), winds up the debate, will he say what support has been offered to the workforce and to the Northern Ireland Executive? What discussions will he and the Secretary of State have with the rest of the Government to encourage more direct foreign investment into Northern Ireland?

As we begin to discuss this Bill, let us remind ourselves that the previous 12 months have not been the easiest in Northern Ireland. The murders of Gerard Davison and Kevin McGuigan in the summer and the budgetary stalemate around the issue of welfare led to a political crisis that required all the skill and commitment of those involved to get an agreement to break the stalemate and allow progress to be made. I have said before and I want to put it on record again that all of those involved—the Secretary of State, all the parties in Northern Ireland, many of whom are represented here, and the Irish Government —deserve huge credit for achieving the fresh start agreement. Without that agreement, there was the real risk of the collapse of devolution or indeed the return to direct rule, either of which would have been unthinkable.

I know there was huge disappointment, as well, that no agreement could be reached on how to deal with the past. I and many others have raised this issue here over the last few weeks and months. As I said, however, I know that huge progress was made and I am glad that the Secretary of State has reiterated that now is not the time to give up, but to build on the progress that has been made while recognising the challenges and difficulties that remain.

The publication of the draft treaty on the Independent Commission on Information Retrieval was, I think, welcome—to show not only the direction of travel, but how much progress was made in the talks. Victims must be at the heart of any future agreement, as of any agreement—that is clear to us all. The recent allegations with respect to various atrocities of the past demonstrate more than ever the need for a process to be agreed. Victims must not feel that they are locked out of any progress, which is why I urge the Secretary of State to be as transparent as possible, even where difficulty remains, and to continue to seek agreement.

Agreement has not been reached on how to deal with the past so it could not be included in the Bill, but I say to the Secretary of State that we need to take an urgent look at the resources available to the Police Service of Northern Ireland and indeed the Coroners Service for Northern Ireland to support investigations and to speed up the inquests that they continue to be required to do. More and more delay for victims is unacceptable.

[Conor McGinn]

Does my hon. Friend agree—as I do—with the First Minister of Northern Ireland, who has said that we need to get real when it comes to the funding of investigations of legacy cases? The PSNI operates within stringent budget constraints. It has to prioritise front-line policing, but it is being asked to do more and more. While the current impasse exists, should it not receive funds from this place rather than having to use some of its own resources to deal with the legacy of the past?

[Vernon Coaker]

I very much agree with my hon. Friend, and with the First Minister and others in Northern Ireland who have pointed out that, although agreement has not been reached on how to deal with the legacy issues, the PSNI, the Coroners Service for Northern Ireland and others are still required to deal with the consequences of those issues. Given that the Secretary of State has put aside money pending any agreement, surely it would be acceptable to give at least some of it to those bodies in order to reflect the continuing work that they must do in trying to investigate and resolve some of the difficulties. I think that the First Minister has made a perfectly reasonable request, and, although I know that the Secretary of State will not be able to respond to it now, I hope that she and the Minister—and, indeed, the Government as a whole—will consider it.

[Mrs Villiers]

May I intervene briefly to offer some assistance? The fresh start agreement makes it clear that the £150 million package to support the legacy work is linked to the establishment of the new bodies. However, we are listening carefully to representations, particularly those relating to inquests. If a credible reform package for inquests is put together, we will of course take very seriously any request for funds to support it.

[Vernon Coaker]

That is a helpful response. I think that everyone in the House—and, indeed, in Northern Ireland—will have heard what the Secretary of State has said, which implies that she is open to making money available both to the PSNI and to the Coroners Service. I think that that is what victims would expect. They know that it is difficult to reach an agreement on how to deal with the past—and, although the institutions, or the proposed institutions, are there, agreement has not been reached—but, at the same time, work has to be done. Given that the money is there, we would support the Secretary of State if she—or, for instance, the Treasury—estimated at any point that at least some of the money could be released to enable that work to be done as soon as possible, because I think that people in Northern Ireland would expect it to be done as soon as possible. The First Minister would have been pleased to hear what the Secretary of State has said.

The House has been in the habit of dealing with Northern Ireland legislation in one day, but we believe that that should happen only when the need is truly urgent. We supported an emergency procedure with respect to welfare reform, and I promised the Secretary of State when I resumed my current role that we would maintain a bipartisan approach based on the principle of consent. I hope that our actions have demonstrated that commitment, but I want to make it clear that in this instance we have agreed to an expedited procedure rather than an emergency process. This procedure allows us more time to consider the Bill, while still making it possible for us to secure Royal Assent before the approaching Northern Ireland elections. I assume that any necessary legislative consent motion will be forthcoming in order to ensure that measures relating to the pledge of office, the MLA undertaking, and extension of the time available for ministerial appointments are in place in time for the Assembly's return. I am told that the Northern Ireland parties themselves are keen for that to happen.

The hon. Member for Foyle (Mark Durkan) made a fair and reasonable point about discussion of the legacy issues in due course. I think that anyone in Northern Ireland would expect discussion of those significant and important issues to take place by means of due process in the House, and not to be speeded up.

[Lady Hermon]

Will Her Majesty’s Opposition be tabling amendments to clause 8 to make it absolutely clear that a sanction will be applied to MLAs who make the pledge and take their seats, but then do not abide by the pledge that they have made? There is a code of ministerial responsibility for members of the Executive, and there are sanctions, but there are no sanctions in the Bill, and that is an obvious omission.

[Vernon Coaker]

I will say something about pledges later in my speech, but, whether we table amendments or not, I think that the hon. Lady is right to ask for clarification. I shall be quoting one of the pledges which contains a qualification, and I shall be asking what that means. Even if we accept that this is Stormont business, I think it is right for such questions to be asked in the House of Commons.

The Bill will establish an independent reporting commission to monitor progress towards ending paramilitary activity in Northern Ireland. That is a key aspect of it. Paramilitary activity is totally unacceptable and has no place in Northern Ireland, but we shall have to consider in Committee what progress has already been made, and why this initiative will work when others have not. How will progress be judged, and what will happen if it stalls?

The issue of disclosure will also have to be explored in Committee. It is bound to arise, because the Bill requires the Secretary of State to provide guidance on how national security and individuals are to be protected. We shall need an explanation in order to ensure that the problems that prevented an agreement on how to deal with the past do not happen again and prevent the Commission from working effectively—or, indeed, from working at all.

The Bill modifies the pledge of office to be taken by Northern Ireland Ministers, which was mentioned by the hon. Member for North Down (Lady Hermon). The revised pledge will include fresh obligations to work together on a shared objective of ridding society of all forms of paramilitary groups and activity, and the Bill introduces a parallel undertaking for Members of the Assembly, who must commit themselves to demonstrating a peaceful pursuit of change and progress. That is to be welcomed. However, the revised pledge includes seven newly agreed commitments, one of which is

“to accept no authority direction, or control on my political activities other than my democratic mandate alongside my own personal and party judgement”.

I think that, in Committee, Members may want to hear a full explanation of the qualification in that pledge.

The Bill extends the period allowed for the appointment of Northern Ireland Ministers, once the Assembly is elected, from seven to 14 days, which we hope will allow more time for a programme of government to be agreed. It also provides for the promotion of fiscal transparency and support for the Executive’s delivery of a stable and sustainable budget. It must be made clear what block grant the UK Government will provide, and how spending above that will be funded. I look forward to some interesting discussion of that in Committee.

[Ian Paisley]

Given the principle that the hon. Gentleman has accepted this evening, does he also accept the principle that if Members of the House of Commons do not take the oath, all the privileges that they gain here should be removed from them?

[Vernon Coaker]

As the Secretary of State has said, that is House business, but we expect all Members of this House to commit themselves to the pursuit of democracy and the making of decisions by democratic means.

[Ian Paisley]

If the hon. Gentleman accepts that principle, will he—through the usual channels, and with the support of the Opposition and the Government—table a motion in order to resolve, finally, the anomaly that allows Irish Republican Sinn Féin Members to benefit from privileges in the House without taking the oath?

[Vernon Coaker]

As I have said, that is House business and I therefore cannot commit myself, but the hon. Gentleman has heard what I have said. We expect all Members of this House to commit themselves to democracy and the democratic process, and I think that that is what all of us have done.

I was talking about the budget, the promotion of fiscal transparency, and support for the Executive’s delivery of a stable and sustainable budget. This is another area that will need to be examined in Committee.

Northern Ireland is not out of conflict; it is coming out of conflict. Huge progress has been made, but challenges remain. The cloud of paramilitary activity still hangs over too many communities and impacts on too many people. This activity, whether republican or loyalist, never had a place in society, and it certainly has no place now.

The major elements of this Bill represent another step towards the principle that must be at the heart of any democracy: that the rule of law is paramount in every community—law enforced by the police and subject to an independent judiciary. The success of this Bill, the new pledges and the independent commission will be judged on how far they bring that goal about.

--- Later in debate ---

[Mr Wallace]

If memory serves, the UDA was proscribed in 1992. I was not in this House and I was not privy to the work of Government. In fact, in 1992 I was walking around west Belfast. As for the idea that I can condemn or support the ruling, all I know is that when I was serving in Northern Ireland, I was grateful that the UDA was proscribed. I was grateful that the UVF was proscribed, and the Red Hand Commando. Any paramilitary organisation should be proscribed. Not only should any organisation that uses fear, terror and bullying be proscribed, but the people who take part should be convicted.

To the hon. Member for South Down (Ms Ritchie) I say that we in this House should not forget the SDLP’s long-standing opposition to paramilitary intimidation. Very often, the SDLP bore the brunt of that intimidation. All the parties in this House have experienced at first hand intimidation by paramilitaries, either within the communities that they represented or in the neighbouring communities that sought to keep them out. I pay tribute to that long-standing commitment to peace and the democratic process. We do not forget that, but I say again that we should not take the issues of national security lightly.

On the legacy issues, as I have said earlier, all of us are trying our best. My right hon. Friend the Secretary of State regularly has meetings with the victims community to make sure they feel we are doing our best. We are going to get there. We are going to try to resolve this, and that will happen—we hope—as soon as we can all get agreement.

[Vernon Coaker]

May I just press the Minister once more on this issue? He mentions dealing with the legacy of the past. I asked the Secretary of State, but I want to be clear about this because a number of questions have arisen throughout this interesting and good debate. Will the Minister and the Secretary of State look again at releasing some of the funding that the Treasury and the Government have put aside for dealing with legacy issues to fund the PSNI and the coroner service to deal with some of these issues which were supposed to be dealt with by other institutions? Because of the inability to come to an agreement, the PSNI and the coroner service have been left to deal with them but not been given the resources to tackle them. Will the Minister re-examine that?

[Mr Wallace]

Absolutely, we will support any measures that deal with the legacy, as my right hon. Friend the Secretary of State has said. We cannot just release the money; we need all the actors on the stage to produce the solution. We need the victims, the PSNI, the courts, the Lord Chief Justice and the Executive to support the solution. If we were just to release money but nobody else was supporting the schemes or the coroners’ courts changes, for example, we would not necessarily solve the issue. We will look with all seriousness and all support at any proposals to solve the legacy issues.

The good news is that we have the Treasury’s agreement for the sum in principle, which is half the battle, as anybody who has ever been in government will know—£150 million is there. That means that the gap between getting the money and delivering it is simply a matter of getting an agreement between all the significant stakeholders in Northern Ireland. We are all determined to do that and it is one of our priorities. We are all trying to get there and we will work with all parties in Northern Ireland to try to do it.