24 Peter Kyle debates involving the Northern Ireland Office

Chris Heaton-Harris Portrait Chris Heaton-Harris
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There you go; we beg to differ.

Finally, through these amendments the term “the relevant day” has been removed from the Bill, so a consequential amendment (a) to Lords amendment 119 in my name simply seeks to remove the power to define the relevant date.

I am very confident that the Government’s legacy Bill provides the framework that will enable the independent commission, established by the Bill, to deliver effective legacy mechanisms for families and victims, whilst complying with our international obligations. When the Bill becomes law the delivery of those mechanisms will be led by Sir Declan Morgan KC, currently chief commissioner-designate of the independent commission. Sir Declan is also an individual of the highest calibre, with a track record of delivery on legacy issues, and I know that he will approach the task with the rigour, integrity and professionalism required.

The challenge before us is immensely difficult, but it is also clear. If we are to place the legacy of the troubles in the rear-view mirror and to help all in society to move forward in a spirit of reconciliation, we must try to do things differently.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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The Bill has managed to unite all Northern Ireland parties in opposition to it. The word “reconciliation” may be in its title, but victims say that it is traumatising. Both the Northern Ireland Human Rights Commission and the Law Society of Northern Ireland have criticised it. The Labour party has voted against it at every stage. That is because it benefits terrorists more than their victims.

Anyone doubting that should read the BBC front page today, and the story about Louie Johnston, who was just seven years old when his Royal Ulster Constabulary officer father David Johnston was shot by the IRA. Louie has asked MPs to show empathy with his family today and not force through this Bill.

Lords amendment 44 addresses the flaw at the centre of this Bill, by removing the immunity clause. The Government must not put immunity back in. It is not a wrecking amendment, as the independent commission would have a better chance of winning people over without it.

I listened with interest to the Secretary of State’s recent speech to the Institute for Government. He told a story about meeting three RUC widows, and how all three wanted different things in relation to their husband’s death. He said that, if he were a member of the public, he would side with the widow who wanted justice above all else. He suggested that conditional immunity in exchange for information would satisfy two of the three widows, and he said this is progress on legacy.

James Sunderland Portrait James Sunderland (Bracknell) (Con)
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I was intrigued to hear the Leader of the Opposition publicly state last week that, if he were to become Prime Minister, he would repeal this Act. This surprised me for a variety of reasons, and I wonder if the shadow Minister might indulge me for a second. Am I right in thinking that public protestation means Labour has no intention of drawing a line under legacy issues in Northern Ireland and moving on? And does it mean that Labour has no wish to stop vexatious complaints being made against British servicemen?

Peter Kyle Portrait Peter Kyle
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Labour believes in a more consensual way forward. We believe that, in the past, there has been agreement that drew more consensus. This Government published a Bill that had broad agreement in Northern Ireland and was deemed human rights compliant, yet they jettisoned the Bill after gaining all that consensus and chose a different way forward. We believe the way forward lies in the origins of that draft legislation, and we believe there is a way forward that takes into account the learning since.

The hon. Gentleman mentions vexatious litigation against former servicepeople in the Northern Ireland context. Perhaps he could give an example of vexatious litigation where someone is currently being prosecuted or pursued as a result?

Ian Paisley Portrait Ian Paisley
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Officer B.

Peter Kyle Portrait Peter Kyle
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Okay. I will move on.

The Secretary of State has clearly been trying to do his best with a Bill he inherited from one of his predecessors, but this Bill will slam shut the doors to justice. It is now well over a year since the Bill was published. In that time, Ministers have had ample opportunity to consult. The Secretary of State outlined dozens of meetings, and he has had the chance to consult and listen to victims, their representatives and local Northern Irish politicians. That is ample opportunity to win the people over to the Government’s approach, yet nobody has been won over—no politician, no victim, no international partner, no one.

Immunity from prosecution for murder would work only if it had popular support in Northern Ireland. It does not. The Government have underestimated the strength of feeling among victims. I have been asked by some victims to put their views on the record. On 10 August 1996, John Molloy had nearly reached his home in north Belfast when he was confronted by a group of young men and women. John was Catholic. He was repeatedly stabbed in a frenzied attack and was left to bleed to death on the pavement. He was just 18 years old. John’s still-grieving parents, Pat and Linda, want to know how offering his killers immunity will aid them in reconciliation? We are trying to heal divisions but this Bill is damaging.

Take the case of Cecil Caldwell, a 37-year-old construction worker who was travelling in a minibus from Omagh, where he and his colleagues had been repairing an Army base. A roadside bomb was detonated, killing eight of the 14 people on the bus. As the dead and dying lay on the road, their pay packets were stolen. A simple, dignified monument was erected at the site, and it is regularly vandalised. Cecil’s wife, Jean, does not want this legislation. She has asked whether the Government have any idea of what victims have gone through. If the Bill is not an aid to victims such as her, what is the point?

Clearly, the Government are also conflicted. In the other place, amendments were introduced to stop Gerry Adams receiving compensation, following a Supreme Court ruling in 2020. We support the upholding of the Carltona principle and that amendment. However, there is a disconnect between the horror the Government feel at the idea of giving Gerry Adams compensation and the potential implication of the immunity clause we are debating. I want to explore that in a hypothetical.

Gerry Adams has, of course, always denied being a member of the IRA, but he is currently being sued in the High Court by victims of the IRA in a civil case. Not only will this Bill halt any similar cases, but the immunity provisions remain open to Gerry Adams if he were ever to need them. Immunity is worth a lot more than compensation. In this hypothetical, should Gerry Adams seek to avail himself of immunity, nothing in this Bill could prevent it, and the people supporting the Bill would be the very first ones on their feet screaming for emergency measures to prevent it from happening.

Even if we choose to ignore the moral problems of this policy, there is also doubt about it on the Government’s own terms. Members need not take my word for it, because this is the view that Sir Declan Morgan gave to the Northern Ireland Affairs Committee last year. The House will know that Sir Declan has been named as the chief commissioner of the independent body. He said:

“The only group who will go for immunity are those who have been the subject of investigations, brought in for questioning and it looks like there is a viable case. It seems to me like that is a vanishingly small number of people.

Again, the question then arises of why you would put immunity in place for such a small number of people in the circumstances. You must be able to justify that. That presents a challenge.”

I do not have reason to believe that Sir Declan’s views on the number of people who will go for immunity have changed since his appointment.

Immunity cannot be justified when the rest of the Bill shuts processes down which have worked for some victims.

Peter Kyle Portrait Peter Kyle
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Shadow Minister, for the time being.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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I was going to make that clear in my comments. I thank the shadow Secretary of State for what he is saying. I understand entirely what motivates my colleagues on the other side of the House who served in the armed forces; I had the honour of serving in the Ulster Defence Regiment. But here is the problem for me: for all those whom we are seeking to protect from prosecution, there are countless others who put on a uniform of the Crown, in the armed forces and in the Royal Ulster Constabulary, and were murdered in cold blood by terrorists and whose families will not now have the opportunity of justice. I cannot look those people in the eye. Louie Johnston is one of my constituents, and the shadow Secretary of State referred to him. I recall having just been elected a Member of Parliament in 1997 and the news coming through about the murder of his father, Constable David Johnston, and of Constable John Graham in Lurgan. Louie was in my office recently and the current system is not delivering for him—we do need change. We need a system that can deliver, but surely it is the victims who should have the choice. Surely it should be down to the families to choose whether they want to pursue justice or information. When we deny them that route and we take away the access to justice, we diminish the prospect of achieving the second objective of this Bill, which is reconciliation.

Peter Kyle Portrait Peter Kyle
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The right hon. Member makes his point passionately, with great erudition and personal experience as the representative of the Lagan Valley. There is very little I can add to the insight that he has just given the House. We in this place have striven in recent years to give extra rights to victims. Indeed, the Victims and Prisoners Bill is passing through the House—I believe it has just passed Committee stage. In England and Wales, we are passing legislation that gives more rights to victims. Only in Northern Ireland are we doing something that disempowers victims and puts in place a set of institutions that will make it immeasurably more difficult for victims to get the reconciliation that they so desperately deserve, so I have complete sympathy with the right hon. Member.

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Ian Paisley Portrait Ian Paisley
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I thank the shadow Secretary of State for emphasising that point, because it highlights the folly of the decision taken by some people in this House to support this legislation because it will protect “our boys”. The fact of the matter is that the only ongoing cases that have any likely prospect of getting to trial are cases against “our boys”. None of the cases against terrorists will ever be able to get to court and, more importantly, the immunity provisions will exclude former security personnel from benefiting from them. Members should think again about why they are supporting those measures.

Peter Kyle Portrait Peter Kyle
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I am grateful to the hon. Gentleman for his intervention. These are very difficult issues and of course I understand why people want to speak in support of people who have served in our armed forces. I feel this intensely and strongly myself, coming from a family where one of my parents—my father—served in our armed forces.

I will come to the issue again later in my speech, but I will go into it in some detail now. The only recent case against a member of our armed forces is that of David Holden, a member of the Grenadier Guards, and it is worth reflecting on the judge’s summing up in that particular case. Paragraph 105 of the judgment says:

“Instead, according to his frankly incoherent evidence, he put his right hand on the pistol grip which somehow resulted in his finger slipping onto the trigger and doing so with the significant pressure required to fire the weapon. I do not believe that evidence. I conclude that it is a deliberately false account of what happened.”

Paragraph 120 says:

“To summarise the conclusions above I find that it is proved beyond a reasonable doubt that…the defendant lied repeatedly to the police.”

If this case had come to light after the Bill had passed, prosecution would not have been possible. I do not believe for a second that this case and the person responsible—David Holden—reflect the values that we expect from those who serve in our armed forces, and that the vast majority of people who serve in our armed forces expect from their fellow members.

After five years, the Bill provides a general amnesty for anyone and everyone, as the independent body will wind up. All other investigations, inquests and civil cases will be shut down. It is clear that the Government have chosen immunity to satisfy some on their own Benches. They say veterans face “a witch hunt” in Northern Ireland; that is the phrase used by the right hon. Member for Great Yarmouth (Sir Brandon Lewis). I do not believe that that is the way that we should frame or explain the reconciliation challenge of Northern Ireland. The vast majority of our soldiers served with distinction in the most difficult of circumstances. There can be no equivalence drawn between their actions and those of terrorists, but that is precisely what this Bill does. Where standards were not upheld, it is important that there is accountability. There have been a total of six military personnel charged with offences related to the troubles, two of which cases are currently ongoing. What has changed since this Bill’s inception is that there has now been a conviction of the former Grenadier Guardsman, David Holden, for the manslaughter of Aidan McAnespie. We cannot ignore the fact that this Bill is designed to stop the outcome that the McAnespie family finally achieved.

I also wish to put it on the record that veterans are victims too. The IRA shot Private Tony Harrison five times in the back while he was sitting on the sofa at his fiancée’s home in east Belfast in 1991. His family have been clear that they do not want immunity for his killers. I would be a lot more sympathetic with the Government if their approach had been to try to secure justice for more, not fewer, people.

This Bill will affect the entire United Kingdom and our reputation abroad. The families of the 21 victims of the IRA Birmingham pub bombing have been clear that they do not want immunity to be on offer. In November, the chief constable of West Midlands police confirmed that files had been passed on to the Crown Prosecution Service. Immunity will be open to that suspect if this Bill passes before a decision is made. Voting down Lords amendment 44 could shut off justice for families who have waited 50 years, right at their moment of greatest hope. There is still time for the Government to pause and reconsider this approach, just as the Irish Government have formally requested. The 25th anniversary of the Good Friday agreement is the moment to reflect on the power of consensus. To pass this Bill with immunity would be to fly in the face of everything that we know about progress in Northern Ireland; it should not happen.

Richard Thomson Portrait Richard Thomson (Gordon) (SNP)
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I do not intend to spend long on my feet, as I have made all the points that I would seek to make on this Bill at previous stages. It is also important that we get to hear as many voices as possible from Northern Ireland.

I will make just two points: first, that reconciliation is something that is achieved, not imposed; and, secondly, to hold fast the principle that, where there is a sufficiency of evidence and an independent prosecutor decides that it is in the public interest, a prosecution should be able to go ahead. That is why the SNP continues to oppose the Bill, notwithstanding the amendments that are on the table today. I echo the point made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) that, without that ability to pursue justice, reconciliation becomes less likely.

I appreciate very much the steps that the ministerial team—this iteration of it—have made in seeking to address the concerns that have been raised, but that fundamental point of principle about denying prosecutions, and therefore in our view justice, remains. That is why my party will support Lords amendment 44 this afternoon.

We also support Lords amendment 20. We think that Operation Kenova sets the gold standard for the investigative processes that should be carried out, and particularly the commitment by the Government to pursue all evidential opportunities. The Secretary of State has been keen to stress that he is offering great assurances on ECHR compliance. I have to say that we remain without the assurances that we need, and if Lords amendment 20 were to be put to the vote tonight, the SNP would certainly support it.

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Chris Heaton-Harris Portrait Chris Heaton-Harris
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I am afraid I do not have the time.

I wish to close by reiterating that the Government have sought to make a realistic assessment of what we can best deliver for families, over a quarter of a century after the Belfast/Good Friday agreement and nearly 30 years since the first ceasefires and well over 50 years since the troubles began. I recognise that this is challenging for all those involved, but I am prepared to make this difficult decision to try and help Northern Ireland to take a step forward towards reconciliation. This Government will give people the accountability, acknowledgment and information they require to allow Northern Ireland to become a more reconciled society.

It is a matter for regret, though, that the Labour party would rather see veterans and victims treated the same as terrorists. During the Bill’s Second Reading, in May 2022, the hon. Member for Hove said:

“I have been very clear: I want to make sure that the rights of victims and veterans are equal to the rights of terrorists and people who committed crime in the era of the troubles”.—[Official Report, 24 May 2022; Vol. 715, c. 193.]

Peter Kyle Portrait Peter Kyle
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The Secretary of State is quoting from a response to an intervention from the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), where I stated categorically, in the full extent of the reply, that the Bill gives more rights to terrorists than victims. That is what the full response says. What he read is out of context.

I would also quickly say to the Secretary of State that I did not mention perjury in my opening speech. Could he address the issues that I did raise in my speech—not the ones I did not?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I think I might have struck a nerve there. Today the Government will demonstrate that they are committed to getting victims—veterans are victims, as the hon. Gentleman says—the families and survivors answers, when Labour simply—

Northern Ireland Budget (No. 2) Bill

Peter Kyle Excerpts
Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I am grateful to the Secretary of State for setting out the measures in the Bill. Northern Ireland Departments are in a challenging position, and this budget will at least give them some certainty to allow public services to remain functioning, but that should not take away from how this budget has been received in Northern Ireland. Civil servants, who have to make decisions based on it, are operating in the most difficult of circumstances. I pay tribute to them, as the Secretary of State did. They should not be in this position.

This Bill will not create new money, but will allow Departments and public bodies in Northern Ireland to spend within the limits the Secretary of State set out in the written ministerial statement in April. It confirmed that the Government will no longer require the £297 million overspend from the 2022-23 Budget to be repaid to the Treasury this year.

Before going into the allocations before us, it is worth reflecting on the situation in Northern Ireland and how power-sharing might be restored. On my recent trips to Northern Ireland, there has been a pervading sense that the Government have allowed things to drift since the celebrations for the 25th anniversary of the Good Friday agreement. We have a new agreement with the EU in the Windsor framework, but Stormont has not been restored. Indeed, the main purpose of the framework was supposed to be answering the concerns of the Democratic Unionist party so that Stormont could work again. When we passed the previous budget, there was a clear expectation that a new agreement would lead to the restoration of the Assembly and the Executive. Instead, Westminster has had to step in with the Northern Ireland (Interim Arrangements) Act 2023 and, now, this second budget Bill.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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Was the hon. Gentleman’s attention drawn to a report in The Daily Telegraph on Saturday, where a Marks & Spencer senior executive pointed out that some of the issues they were promised would be resolved through the Windsor framework and the green lane and the red lane are far from being resolved?

Peter Kyle Portrait Peter Kyle
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I am grateful for the hon. Member’s intervention. He will know my personal view, which is that the outstanding issues relating to the Windsor framework and the protocol could be resolved from within the Executive and the Assembly. However, there are clearly outstanding issues. I hope that the Government will help to resolve them. They have said in various forms that they are willing to engage with different measures from legislation through to other sets of negotiations. I hope that they will happen apace and that the hon. Member and members of his party and all parties in Northern Ireland are as involved as is physically possible so that there can be the engagement that I believe was lacking in previous negotiations.

As an Opposition, we always want to be constructive when it comes to Northern Ireland, and I am grateful for the Secretary of State’s acknowledgment of that. We are concerned, though, that the wrong lessons have been learned from the Windsor framework negotiations. On Wednesday 21 June—for the benefit of our friends in Hansard, who are working so hard, I refer to volume 734—the Secretary of State said:

“The one thing that I did learn from the Windsor framework negotiations is that confidentiality in modern-day British politics and western politics is key in trying to get anything over the line.”—[Official Report, 21 June 2023; Vol. 734, c. 779.]

I am not sure that that holds true in the present circumstances.

There is a strong argument that the secrecy of the Windsor framework, after months of secret talks, left it lacking local ownership and local legitimacy. I understand that the Secretary of State is not going to spell out every detail of what the Government are doing, but providing some basic information would reassure Parliament, the public and, above all, people in Northern Ireland and those who represent them here in Westminster and in Stormont. I would be grateful if the Secretary of State confirmed whether he intends to bring forward primary legislation to address the Windsor framework. Is that still on the cards? He has mentioned it several times. I noticed in his answers to recent oral questions that that is still open for debate. It would be really good to know whether the House will be getting primary legislation—it has been requested and he has hinted at it—and when we could expect it. Are the Government instead seeking a renegotiation with the EU?

There is also the question of whether the Irish Government have a part to play in this. I was interested to read that student nurses in Northern Ireland will now be funded by the Republic. Is the Secretary of State having discussions about other financial contributions in these extremely challenging times?

Another option available to the Secretary of State is calling an election, but I am sure he agrees that it is highly unlikely that that course of action would resolve the current impasse. We do need to know what the way forward will be and what the Secretary of State believes will see Stormont return to active service on behalf of the people of Northern Ireland.

Returning to the Budget before us, the Northern Ireland Affairs Committee inquiry into the funding and delivery of public services has been extremely informative. I join the Secretary of State in thanking those who serve on the Committee for the work they do. The Chair of the Committee, the hon. Member for North Dorset (Simon Hoare), has always said that we should decouple the issues surrounding the protocol from the public finances and restoration of Stormont. The evidence before his inquiry has been illuminating. Even before Stormont collapsed, the inquiry found that long-term pressures on public services were not being addressed.

I also pay tribute to the excellent work of the Northern Ireland Fiscal Council, which has moved the debate forward on the sustainability of public finances. It is impressive that such a new institution has already become such an authority. In its report on this budget, it says that

“the NI Civil Service believes that Departments may still need to find £800 million in cuts and additional revenues not to overspend again, given other budget pressures.”

That is a huge amount of savings to find when Northern Ireland is facing the same challenges as the rest of the country. We should put on the record the views of some of those who have already been most affected by those decisions. In particular, the challenges facing the Department of Education highlight the deficiencies in setting a budget from Westminster in the way we are today and as we have previously.

Following the intervention by the hon. Member for Worcester (Mr Walker), I will go into a little more detail on that. I hope that the Secretary of State or Minister of State will respond in winding up. These comments, by the Department of Education permanent secretary, Dr Mark Browne, come directly from an extraordinary press release on the Department’s very own website:

“The Department’s vision for all children is that they will be happy, learning and succeeding. Delivering on this is particularly challenging in the current budgetary context, especially in terms of addressing the needs of our most disadvantaged children and young people.”

In its assessment of the budget, the Department said that the 2023-24 allocations result in a non-ringfenced resource funding gap of £382 million, equivalent to 14.8% of the final budget allocation required for 2023-24. It states:

“Managing resource shortfalls of this magnitude will undoubtedly have a significant and adverse impact on the Department’s ability to deliver educational services in 2023-24.”

Paul Girvan Portrait Paul Girvan (South Antrim) (DUP)
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The hon. Member has highlighted an area in which I have serious concerns—the policies being put forward relating to our civil service, our Department of Health and the contracts that are costing not just Northern Ireland but the United Kingdom a fortune. We are tied in by that. The Departments depend so much upon monitoring round funding during the year to make up some of the shortfall. Our monster Department of Health has swallowed all that, and will continue to do so until we have major reform, not just in Northern Ireland but in the UK too, because the same contracts apply all over.

Peter Kyle Portrait Peter Kyle
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The hon. Gentleman highlights the chronic need for investment and reform in Northern Ireland. One in four people in Northern Ireland is on an NHS treatment waiting list. We have already examined in some detail the challenges in the education system. We really need to get things moving and modernised in Northern Ireland. In my view, that should come from a partnership between the Westminster Government and Stormont. We should all be working together to focus on the big issues, because people’s needs depend on it. That is why we must urgently get over the hurdles to restoring Stormont as quickly as we can, to focus on those primary issues, which are also the primary concerns of residents across Northern Ireland that Members here tonight represent.

To return to the quote from the Department, in practice that means the ending of a wide range of schemes meant to benefit children. So far, that has included Engage, Healthy Happy Minds, the school holiday food grant scheme and many more. However, significantly, a range of early years programmes will continue—thank goodness. That is after the Department produced an analysis of the impact that ending them would have on people’s lives. In the words of Dr Browne:

“In considering the scale and cumulative impact of the proposed cuts, which represent a major change to long standing Ministerial programmes and policies, I am of the view that such a decision should be taken by a Minister, not a Permanent Secretary.”

In effect, that is a senior civil servant saying that it might not be possible to work within the budget without a Minister taking decisions. That is not just an issue for the Department of Education. A recent report from BBC Northern Ireland said:

“DfI officials believe they lack the legal authority to take measures necessary to balance their budget.”

I will not take up much more time because I want to allow voices from Northern Ireland to have their say on what the Budget means for them and the residents they represent. The Minister needs to be clear with the House whether we will need more legislation to provide clarity on the decisions being made as a result of this budget. We will not oppose the budget, as Departments have been working to its allocations for months already, but the best solution remains the restoration of Stormont, so that local representatives can get on with the budget and political accountability there. I urge Government to get on with the measures that would make that a reality.

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Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I thank Members from the across the House for participating so fulsomely in the debate. As always in these debates, there have been contributions packed with erudition, with insight into the topic at hand and with frustration about the situation in which politics in Northern Ireland finds itself at this time.

We have also heard from people who have entered the debate for the first time, so I am grateful to the hon. Member for Aberconwy (Robin Millar) for, in his words, “tip-toeing” into a debate on Northern Ireland. He did so with aplomb, especially by mentioning an issue quite innocuously, from his perspective, but tumbling into a pointed debate afterwards. That marks a characteristic entrance into debates about Northern Ireland, and I wish him many more going forward.

It is clear that we cannot keep setting budgets in this way and that structural problems in Northern Ireland are getting worse, in the absence of an Executive. In particular, the health service in Northern Ireland is creaking and has the worst waiting lists in the United Kingdom. The former Northern Ireland Health Minister, Robin Swann, gave evidence to the covid inquiry last week. He highlighted the impact that the collapse of power sharing between 2017 and 2020 had on health care. According to the BBC:

“Mr Swann said that the health service suffered from a lack of reform, strategic direction and long-term planning during that political hiatus.”

In his view, that “hindered” the pandemic response in Northern Ireland.

There is an obvious need for a budget that allows longer-term planning than we are debating tonight.

The other essential service to which I wish to draw attention is the Police Service of Northern Ireland. Policing in Northern Ireland faces unique challenges. I wish to pay tribute to every officer who keeps communities safe. Last month, the PSNI gave evidence to the Northern Ireland Affairs Committee on the impact that the financial pressures will have on the service that it delivers. This was the subject of an intervention from the former Secretary of State, the right hon. Member for Chipping Barnet (Theresa Villiers), early on in this debate. It was also referenced in a speech by the hon. Member for Foyle (Colum Eastwood). On the headcount, the PSNI said:

“Last year, we reduced the officer headcount by 300 to 6,700. This year, a further reduction will take us to 6,300.”

If this trajectory is maintained, we will see the police service go to below 6,000 officers by March 2025. It is deeply concerning that the PSNI is very far off meeting the target of 7,500 officers as set out in New Decade, New Approach.

From the contributions that we have heard, I am hopeful that all parties are keen not only to restore Stormont, but to renew public services. We have heard passionate contributions, particularly around areas relating to education. The right hon. Member for East Antrim (Sammy Wilson) talked about special educational needs and the provision of school meals in his constituency. The hon. Member for Foyle mentioned Holiday Hunger, the scheme being cut that he gave voice to in this debate. The hon. Member for Belfast South (Claire Hanna) spoke about the impact on special educational needs and disabilities provision in her constituency. We also heard contributions related to other areas of public service that have been impacted by the current situation. The hon. Member for North Down (Stephen Farry) gave voice to business and the voluntary sector, which is something that has been excluded from the debate, and I am grateful to him for doing so. Moments ago, we heard the hon. Member for Strangford (Jim Shannon) giving voice to the elderly.

We also learned in this debate that the hon. Member for Foyle and the Secretary of State have been going to football together. That could be an innovation going forward, although I look forward to my invitation, too. Shadow Secretaries of State should surely not be excluded from such sporting events.

There was also an important contribution to this debate from the Chair of the Public Accounts Committee, my hon. Friend the Member for Hackney South and Shoreditch (Dame Meg Hillier). She was most welcome here and we are all, I am sure, very grateful that she stayed this late into the evening to give voice to a really important issue—the lack of scrutiny and audit of Northern Ireland financing, particularly in periods when the budget is being set from Westminster. I am sure that the Secretary of State will respond accordingly, because she raised, in her words, “a serious constitutional issue”.

I welcome the update from the Minister on the revenue-raising measures that the Government have asked Northern Ireland Departments to explore. Has advice been received, and, if it has, how does the Secretary of State plan to act on it? There is clearly an appetite to put Northern Ireland’s finances on a more sustainable footing. At the same time, it is hard to see how that happens without an Executive. I urge the Government to make every effort to see power sharing restored, so that local representatives can agree a long-term plan with political accountability to their communities.

Oral Answers to Questions

Peter Kyle Excerpts
Wednesday 21st June 2023

(1 year, 4 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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We now come to the shadow Secretary of State.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Today is a day of reflection across Northern Ireland, and I share the Secretary of State’s support for those who are participating. The Secretary of State has said that the Government need to demonstrate that Northern Ireland remains a “strong and integral” part of the United Kingdom to restore power sharing. The problem for him is that his Department still plans to impose immunity for terrorists on Northern Ireland, against the wishes of all local parties and all victim groups there. Does he not see the damage that that could do to the Union?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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This question is about the Northern Ireland Troubles (Legacy and Reconciliation) Bill, which is currently on Report in the House of Lords. I disagree fundamentally with the principle behind what the hon. Gentleman is saying. Yes, none of the political parties in Northern Ireland is behind this particular Bill, but in great fairness to the Democratic Unionist party, it has never been behind any sort of amnesty. That has been a principled position on its part from the Belfast/Good Friday agreement onwards, which I completely understand. I do not think I will ever be able to win that argument with the DUP. However, we do need to address these issues. We have a question later on legacy and a family who need information to allow themselves to reconcile the death of a family member. The Bill that we will present, which will be article 2 compliant—I truly believe that—will get information for a whole host of families who have not had it for well over 25 years.

Peter Kyle Portrait Peter Kyle
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I am grateful for the Secretary of State’s detailed answer. There are ways forward that the DUP and other parties have supported, but the Government have chosen a different path. His Department cannot be fully focused on restoring power sharing while it is spending so much precious time on this Bill. Yesterday, even the Irish Government officially requested a pause in the Bill’s passage through Parliament. The Secretary of State says that the Bill will be a different beast after the Lords, so will he consider giving people the time to assess the changes before it returns to this House?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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This Bill has had a long gestation. It had two days of consideration on the Floor of this House in its original form this time last year. It had one of the longest Committee stages ever in the House of Lords, taking nearly five months to complete. We laid a whole host of amendments as a Government at that point. It has its first day on Report today and another day next Wednesday. This House will have plenty of time to consider those amendments and others when the Bill returns to this place.

Belfast/Good Friday Agreement: 25th Anniversary

Peter Kyle Excerpts
Thursday 30th March 2023

(1 year, 7 months ago)

Commons Chamber
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Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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It is a pleasure to follow the Secretary of State, who made a thoughtful, considered and important speech from which we can all benefit. Let me also thank him for putting forward the debate in Government time: that is much appreciated by Members throughout the House.

Issues that affect Northern Ireland are often bipartisan, and I think the spirit of today’s debate should reflect that approach. Tony Blair, for example, was always keen —and still is—to stress the extraordinary work done by John Major before him to provide a platform for the peace process that was to follow. This debate should allow us time to recognise them, and the other giants who worked on the agreement. There are many lessons we can learn from them today.

Twenty-five years is a very significant milestone. An entire generation has grown up since the people of Northern Ireland chose an end to violence. The Secretary of State referred to the event in Speaker’s House attended by representatives of the Youth Parliament from across Northern Ireland: they were not just a credit to young people in Northern Ireland, or to the Youth Parliament; they were a credit to all of us.

As the conflict recedes into the distance, it might be easy to forget how much real progress has been made in that time. This is a real blessing. Children growing up today in Northern Ireland have not experienced and will not experience the routine violence that scarred communities for so long. However, we can never forget that more than 3,500 people lost their lives in that part of our United Kingdom. People and communities were exhausted by the conflict. It is one of the Labour party’s proudest legacies that we, in government, were able to seize the moment and find a way forward. In April 1998, leaders from across political divides and communities decided that a new future was possible. That future was only there to grasp because a generation believed in their hearts that radical change was not just possible, but was deliverable in that moment.

We believe that the agreement, and the agreements that followed, have made Northern Ireland a better place, and we stand by them. A quarter of a century has gone by, and while the agreement has challenges, they should not distract from what it has delivered. As a result of the Belfast/Good Friday Agreement, people in Northern Ireland are now masters of their own destiny. The fact that that achievement was delivered through democratic means, not violence, partly explains why it endures and inspires reverence to this day. The rights and identities of all parts of communities are protected, whether they choose to define themselves as British, Irish or both. People overwhelmingly voted for the agreement, giving it a lasting democratic legitimacy.

The peace that the agreement has brought is possible only thanks to the work of the police and security services, which defend it every single day. I pay tribute to the work of the PSNI in particular. We have all seen the news this week that the terror threat in Northern Ireland has been raised. What we must acknowledge is that police officers have been the focus of recent attacks by dissident republicans. Those groups are opposed to the Good Friday agreement. They attack the police because they want to intimidate those who protect its achievements, institutions and legacy. Those who carry out that violence are disgusted by the peace and stability achieved since 1998, because signs of a healthy, forward-moving society are also markers of their irrelevance to the better, prosperous future that Northern Irish people desire for themselves. They do not have any political or public support and they will not succeed. I hope the Secretary of State will give the PSNI all the support it needs as it faces down those who want to turn back the clock on this era of peace and progress.

Looking back on the agreement also offers us a guide for how to keep progress moving forward into the future. There are key lessons to be learnt that will make Northern Ireland more prosperous and make its politics work better. In reflecting on the lessons from the Belfast/Good Friday agreement, there are five key principles that we can apply today.

First, leadership matters. Tony Blair made Northern Ireland a priority in opposition and from day one as premier. It was no accident that the first visit he took as Prime Minister was to Belfast. The destination he wanted to reach was clear. It was, in his words:

“to see in place a fair political settlement in Northern Ireland—one that lasts, because it is based on the will and consent of the people”.

That leadership from the then Prime Minister would not have made a difference if there were not so many others ready to lead their communities, too. All of them had to say uncomfortable things to their followers. In many cases, people did not want to hear what the path forwards was. John Hume and David Trimble deserved the Nobel peace prize for guiding their movements towards peace, but there were countless others who took risks for the reward of the agreement.

In the days after my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), the leader of my party, appointed me as shadow Secretary of State for Northern Ireland, I was inundated with messages from people wishing me the best in a position that they considered to be very special. Almost all those well-wishers ended their messages by telling me that they were the person who did something to make the Good Friday agreement possible. In the 15 to 16 months since then, I have had the chance to reflect on the Good Friday agreement, grow into the job, meet people and gain experience. I can now say that each and every person who felt that they were the one who made peace possible was correct, because without every one of them making an enormous contribution in their own way, peace would not have been possible. It could not have been done by one person; it had to be done by legions of people, all acting together.

In our party, we are deeply proud of Mo Mowlam for the personal lengths to which she would go to nudge people forward towards peace. With the strength of her character, the uniqueness of her personality, she disrupted in a good way—only Mo could have weaponised a wig—and when she did, it pierced intransigence and could energise a room that was sinking towards stalemate.

Secondly, we should treat Northern Ireland and its people as a valued part of our Union. Our ambitions for Northern Ireland should match those that we have for the rest of the United Kingdom. When devolution is up and running again, it should not mean disengagement from Westminster. It is deeply worrying that power sharing has collapsed for so much of the last 25 years. The solution is to ensure that parties always have, and feel that they have, more agency from participating in Stormont than from being outside of it. No party should ever have to collapse it to get noticed.

One of the last things the Executive agreed was an ambitious energy strategy, which would see Northern Ireland make huge strides towards net zero. In the Labour party, we have a vision for a future where Northern Ireland is a key part of our green prosperity plan. For example, 50% of electricity in Northern Ireland already comes from renewables. There is the potential for much more after offshore wind farms are introduced, and much more sustainable energy production. The gains from the green transition will be felt across our country, and Northern Ireland is uniquely situated to be a place of pioneers. I talked to American businesses recently, and their eyes lit up when I mentioned the hydrogen buses that run in Belfast and are exported to other cities across Europe and beyond. All those green opportunities in Northern Ireland can be seized only if there is a stable devolved Government in place.

The third principle is to nurture a strong, trusting, instinctive relationship between the UK and Irish Governments. The relationship between the UK and Ireland reached a point where Tony Blair and Bertie Ahern were comfortable constantly working together in 1998. They could compromise without the fear that either would collapse the process for political gain. As guarantors, the UK and Irish Governments will always have to be in dialogue over how the agreement is functioning.

The fourth principle is to build respect among all communities. Westminster must be a voice for all of Northern Ireland, not just one part geographically, culturally or politically. The last Labour Government made progress because they positioned the UK as an honest broker for Northern Ireland. The aspirations of the Unionist and nationalist communities are both legitimate. Of course, one of the biggest changes since the agreement is the number of people who do not identify as either community.

There are also the victims of the troubles, who in many ways were left out of the agreement at the time. The UK Government owe them a great deal for the dignity they have shown in accepting a peace process that came too late for their loved ones. We can only move forward in reconciliation with their support.

The final lesson is to always persevere when talks stalls. Despite moments of extreme challenge and difficulty throughout the peace process, the UK Government never walked away. I recently read a brilliant article by Jonathan Stephens, who was an official in the Northern Ireland Office at the time of the peace talks and later became permanent secretary at the Department. In it, he highlighted the importance of process in Northern Ireland, and how the process of the Good Friday negotiations could be applied to the recent framework negotiations on the protocol:

“A better process should involve…Northern Ireland parties as core participants alongside the UK government and the EU. Exclusively bilateral negotiations which keep out…representatives of the people of Northern Ireland will not deliver an outcome which is owned within Northern Ireland. However sensible, any outcome from such a narrow process risks being seen as an external solution imposed on Northern Ireland.”

Of course, the framework is not going to be renegotiated, but the Government can clearly work with the Northern Ireland parties to help them to have a sense of ownership of it.

I have spoken about what we can learn from the agreement, but there are also contradictions in the current Northern Ireland policy that I would like the Secretary of State to address, if at all possible, because we need to learn the lessons of the last 25 years and apply them going forward. All the actions that the Government have taken on the protocol have been based on the argument that they listen to communities in Northern Ireland and address their concerns. That is an obligation as a sovereign Government for Northern Ireland. However, when it comes to the Northern Ireland Troubles (Legacy and Reconciliation) Bill, the Government seem happy to ignore that very same obligation. If the legacy Bill is passed into UK law while being opposed by all Northern Ireland parties and all victims groups, from all communities, it will damage the settlement created by the Good Friday agreement.

In summing up, I want to mention the influence that the Good Friday agreement has way beyond our country, too. It carries huge weight with our allies, especially those in the United States of America, who feel a personal connection to it. Unionists, nationalists and non-aligned parties were all present at a White House reception just a couple of weeks ago, which simply does not happen for any other devolved Administration in the world. Communities in conflict across the globe still look to the Good Friday agreement as proof and inspiration that peace is possible. I am hopeful that, in the next 25 years, people around the world will look to this agreement and see that it has led to prosperity, too.

Northern Ireland

Peter Kyle Excerpts
Wednesday 22nd March 2023

(1 year, 7 months ago)

Commons Chamber
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Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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My right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), the leader of my party, said in January that any protocol deal struck between the UK Government and the EU would, by definition, mean real progress in mitigating the problems caused by the original deal that they negotiated. He pledged that, in those circumstances, Labour would support such a deal. We will honour that pledge today. While the Government have once again been distracted by rebellion and infighting within their own party, thanks to the Labour party they can be sure that the national interest will be served today.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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The hon. Gentleman is making an important point. For the last quarter of a century, the House has proceeded in relation to the peace process in Northern Ireland—and today is about the peace process, let us be quite clear about that—on the basis of bipartisan or non-partisan politics. For that reason, my party will be joining his and the Government in the Lobby.

Peter Kyle Portrait Peter Kyle
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I am grateful to the right hon. Gentleman for his intervention and for coming to a similar view to the Labour party. He is a Scottish MP, and I want to express my sympathies with those affected by the incident that is unfolding in Edinburgh, where a ship has capsized, injuring, we believe, 15 or more people. Our sympathies are with him and with the people of Scotland today.

The Government have said that today’s vote is the main vote that the House will get on the Windsor framework. My speech will focus on why Labour supports the deal overall, but I will begin with the Stormont brake, which is the subject of the regulations before us today.

The democratic deficit was always one of the hardest parts of the protocol deal to reconcile. Of course, businesses and most people in Northern Ireland want to continue accessing the European market as well as the internal market, but the cost of this access was having no say on the rules that had to be followed. The Stormont brake will give representatives a say once devolved government is restored. It is impossible to argue that this is not an improvement on the current situation.

Thirty MLAs from two parties will be able to trigger the brake, but just as important is the new Committee of the Assembly that will scrutinise new laws affecting Northern Ireland. There are understandable concerns about how the brake will work in practice, but the best way of stress-testing it is through experience, and we can get that experience only by restoring Stormont. We all want to see Northern Ireland’s devolved Government back up and running—I know that is what DUP Members want to see, too.

I will state the obvious before going further: Northern Ireland’s economy has huge potential and is doing well. The Prime Minister eloquently explained why on his last visit to Northern Ireland, but he did not need to do so, because everyone who lives in or runs a business in Northern Ireland already knows. The challenges posed by the protocol go much deeper than market access, and that is what needs the most attention during this period of tortuous renegotiation.

Conor McGinn Portrait Conor McGinn (St Helens North) (Ind)
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My hon. Friend was right to acknowledge that Unionism had legitimate concerns about the operation of the protocol. Does he agree that anyone looking at this objectively would say that those have been addressed, both by the EU and the UK Government? Further to that, the fundamental point is that businesses in St Helens—in logistics, the medical sector, manufacturing and agriculture—would give their right arm to have the opportunity that Northern Ireland has to access both markets.

Peter Kyle Portrait Peter Kyle
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I am grateful for my hon. Friend’s intervention and pleased that he recognised the legitimate concerns of the Democratic Unionist party. All of us, right across the UK, want to see a devolved Administration in Northern Ireland up and running. That is what the purpose of this whole tortuous process has been, and we hope we can get this resolved soon.

John Redwood Portrait John Redwood
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So what is the point of rushing through a vote on this, given that it is the protocol and the agreement behind it that prevents Stormont from meeting, which means that the protocol would never be used?

Peter Kyle Portrait Peter Kyle
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The right hon. Gentleman makes the argument for why he should have voted against the protocol in the first place. Labour Members did oppose the protocol when it was imposed, but he voted for it. There are a lot of Members on the Government Benches whom I listen to with great interest, because they often contribute a lot of thoughtful insight into the way we debate, but let us just reflect on what he said in the run-up to the Brexit referendum and the promises he made to this country. This all came from his website, and I read it with great interest. First, he said that there would be more growth in the economy. Secondly, he said that Brexit would rebuild our fisheries. Thirdly, he said that food would be cheaper. Fourthly, he said that our power would be cheaper. Fifthly, he said that we would have fewer unhelpful regulations—if that was the case, we would not be here debating this measure today, would we? Sixthly, he said that we would get a US trade deal. Seventhly, he said that our balance of payments would improve. There are many people who should be contributing to this debate, in a thoughtful way, but I am afraid that he is not one of them.

The challenges posed by the protocol go much deeper than market access, and that is what has needed most attention during this tortuous period of renegotiation. The Unionist concerns were mostly twofold, the first of which was that there were impediments to the flow of goods traveling across the Irish sea. Some products and shipments were more affected than others, which was having a disruptive effect on supply chains and the ability of retailers to keep their stores stocked in a manner familiar to pre-protocol shoppers. That, of course, led to the second source of concern: the existential impact that those impediments have to the free flow of goods within the United Kingdom, and what that means for Unionism.

Neil Hudson Portrait Dr Neil Hudson (Penrith and The Border) (Con)
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Does the hon. Gentleman agree that the Government have made tremendous progress with the Windsor framework on veterinary, sanitary and phytosanitary measures? The securing of human medicines for the long term and the direction of travel on securing veterinary medicines up until the grace period ends shows what can be achieved through dialogue. It shows us all that we should be strongly supporting this framework deal.

Peter Kyle Portrait Peter Kyle
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It does show that negotiating and talking delivers more than rowing, but it also shows that people should think carefully about what they vote for in the first place.

It is a right enshrined in treaty that anyone in Northern Ireland who wants to identify themselves as British should be able to do so without impediment. I understand that, of course I do. If produce made in Sussex faced checks at the border with Hampshire, I would have something to say about it. I have also asked myself this: if the protocol checks were taking place between Ireland and Northern Ireland, instead of in the Irish sea, would nationalist communities be demanding action today? I believe that they would. So the demand for action is warranted; it is based on real concerns, not confected ones. The mystery to me has always been why the Government took so long to act. Why did they wait until the devolved authorities had collapsed before seeming to care?

By the time I was appointed to this job, the DUP had been voicing concerns about the protocol for well over six months—they were ignored. A month before I was appointed, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) had published an article calling for article 16 to be triggered—it was met with silence. Then, in February, the Executive was collapsed, followed four months later by the Assembly. In all that time, there were no visits by the Prime Minister, and no meetings with party leaders, either in Northern Ireland or in Downing Street. Not a single statement was made to this House. As a result of that neglect—believe me, it is neglect—we are now faced with two problems. The first is solving the technical issues created as a direct result of the original protocol, negotiated by the Government and voted for by every Conservative Member. That protocol, I remind the House, was created, negotiated and hailed as a “great deal for Britain” by this Government at the time. Lest we forget, it was voted for by every single Member on their Benches, including those affiliated to the European Research Group faction.

Secondly, that period of neglect created a political problem that this Government are paying the price for right here today. Put simply, when the DUP was raising concerns about the protocol from within the devolved institutions, it was ignored by the Government in Westminster. When the DUP collapsed those institutions, it was rewarded with a prime ministerial visit and, ultimately, the renegotiation of the protocol. The message from the Government could not be clearer; the learned behaviour of dealing with this Government is that if you act functionally within the devolved Administration, you are ignored, but if you act outside the Administration, you are unignorable. In this period, the other Northern Ireland parties have been denied their place within the Government as well, through no fault of their own. So if you disrupt and act outside the structures of government, you get all the attention in the world. You even get a Prime Minister travelling abroad on your behalf to renegotiate a deal we had hitherto been told was not renegotiable.

Jim Shannon Portrait Jim Shannon
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This is not only about neglect or ignorance. Does the shadow Minister recognise that Tony Blair, the former leader of the Labour party, said that we cannot move forward without Unionist participation in this process and this framework? Bertie Ahern, another former instrument in the peace process, also said that we cannot ignore Unionism. Does the shadow Minister agree that Unionism cannot be ignored, and that our point of view has to be core to the whole issue of how we find a process to go forward?

Peter Kyle Portrait Peter Kyle
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I am grateful for the hon. Gentleman’s intervention and for the opportunity to have this exchange, as it gives me the opportunity to say something. I can only speak for the Labour party, and for myself as the shadow Secretary of State, in saying that his party, as with every other party in Northern Ireland, will never be ignored by my party or a future Labour Government. As I am about to explain, it will be most rewarded, and will have most attention and agency in political life right across the UK, from a position within the devolved authorities. I understand the point he makes—Tony Blair and others were right—but these are all leaders who gave the attention to the DUP and every other party at the point at which they needed it. They did not wait until devolution had collapsed before paying those in Northern Ireland and their parties the respect they are owed and due.

James Sunderland Portrait James Sunderland (Bracknell) (Con)
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To give the shadow Minister some credit, he is excellent at articulating the problem. But what is his solution?

Peter Kyle Portrait Peter Kyle
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I am grateful for that, because we will be getting to it. [Interruption.] It is interesting that Conservative Members want me to speed up but they keep intervening. I will get through the speech if they allow me to get to it. The hon. Gentleman makes the most blindingly obvious point here: my party will be voting in unanimity today, but his party is getting in the way of getting this across the line, because it is his party that is split over how to vote on the issue before us today. We are acting in the national interest; the Conservatives are riven with division.

People like me aspire to government because we want to deliver positive change, but those in the DUP now have to ask themselves, because of the way they have been treated by this Government: would a return to government mean relinquishing power? This inversion of the very principle of government, this absurdity, is a direct consequence of the manner in which Northern Ireland has been treated by this Government and the other Conservative Administrations over the past 13 years.

I want to be clear to Members who represent communities in Northern Ireland on what they can expect from a future Labour Government, to answer the point of the previous intervention. Let me reassure them that we have not forgotten the lessons of 25 years ago and the tough years following the peace deal. To me, those lessons are, first, that leadership matters. Tony Blair’s first visit outside of London as Prime Minister was to Belfast. He visited five times in his first year as premier. He did not neglect Northern Ireland, and nor will my right hon. and learned Friend the Member for Holborn and St Pancras.

Secondly, we need to work towards a strong, trusting relationship with the Irish Government, because when our two countries work together closely, it eases the anxiety that some people in Northern Ireland feel regarding their Irish or British identities, and creates the conditions for economic progress across the island of Ireland.

Karen Bradley Portrait Karen Bradley (Staffordshire Moorlands) (Con)
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The hon. Gentleman is absolutely right to say that the agreement 25 years ago would not have been possible without the sacrifices and statesmanship of so many, but will he acknowledge that it was John Major and his Government who started that process and that this is not a party political matter but something of which this whole House should be proud?

Peter Kyle Portrait Peter Kyle
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First, I thank the right hon. Lady for her time as Secretary of State for Northern Ireland. I readily acknowledge that many people made peace possible in Northern Ireland 25 years ago. We in this House will have the opportunity to debate those issues in a forthcoming general debate, and there will be plenty of opportunities to do so over in Belfast when dignitaries from across the world come to celebrate the great achievement of that time. John Major of course laid the foundations and, at the time and subsequently, all Labour leaders, including Tony Blair, paid great respect to his contribution. If I were to start listing the names of everyone, we would be here for a very long time indeed.

Thirdly, we need to have the same ambition for Northern Ireland as we do for every other part of our Union. For example, it is not good enough to roll out home heating support months after citizens in every other part of the UK have received it.

Fourthly, we should aspire to build respect among communities and be a voice for all communities here in Westminster. The last Labour Government positioned the UK as an honest broker for all of Northern Ireland, and so will the next.

Finally, Labour will never give up on Northern Ireland, however insurmountable the challenges might seem. Those involved in the negotiations 25 years ago have plenty of stories of frustration and moments of hopelessness, but perseverance is rewarded. It was then and it will be again today and into the future. It always is in Northern Ireland.

Although this deal is not perfect, it is an improvement, so in the interests of Northern Ireland and the rest of our country we will be voting for it today.

None Portrait Several hon. Members rose—
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Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I thank the Secretary of State for setting out the measures in the Bill. We do not oppose it, because we support the implementation of Dáithí’s law, and because it is still not clear what an election at this point would achieve other than hardening positions.

I am grateful to the Secretary of State for his kind words about the engagement that has taken place between us, and, as I have said in the past, I am grateful for that engagement. I hope we shall have opportunities in the future to thank each other also for working together in the interests of Northern Ireland. I am grateful, in particular, for the fact that ideas that have been suggested during the engagement between us are reflected in the Bill, and I hope that that will prove to people throughout Northern Ireland that consensus is possible across what are sometimes wide divides in politics.

It would, of course, be better if this legislation were not needed. Northern Ireland is a valued part of the United Kingdom, and restoring the Stormont Assembly and Executive should be a priority for the Government. This is the sixth Northern Ireland Bill in the current parliamentary Session, which means that the Northern Ireland Office has been responsible for one in eight of the Government’s Bills introduced during this Session. Most of those Bills have been fast-tracked and have received one day of scrutiny. That does not serve Parliament well, and it certainly does not serve Northern Ireland well.

We are approaching the 25th anniversary of the Belfast/Good Friday agreement this April. The Labour party is proud of its part in the peace process, and power sharing is an essential and hard-won outcome of that agreement. When people voted for and chose an end to violence, the institutions that were set up promised normality and prosperity. The vacuum caused by the absence of Stormont is having a profound effect on Northern Ireland, which I do not think we would accept in any other part of our country. Public sector workers are striking, but have no Ministers with whom to negotiate; civil servants are being asked to make impossible decisions about education cuts behind closed doors; and the health service has the worst waiting lists in the UK, with no clear plan to improve them. The backdrop to these issues is the fact that families in Northern Ireland have the lowest disposable incomes in the United Kingdom, and 44% of families have no savings at all.

Despite those challenges, however, there is a massive potential waiting to be unleashed. Northern Ireland is at the forefront of countless innovations, such as hydrogen buses and next generation light anti-tank weapons. The Labour party sees it as having a huge role to play in our country’s green transition, and on all my visits I am struck by the determination of people to get on with living life as it should be lived. However, the longer there is no functional devolved government, the harder it will be for these opportunities to be seized.

Dáithí’s law, which we will celebrate and debate today, is an example of what Stormont can achieve when it is sitting. Devolved government was functioning when Dáithí’s law was introduced in the Stormont Assembly in 2021, and the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) Act 2022 passed its final stage in February last year. That should have led to opt-out organ donation being in place across Northern Ireland.

I pay tribute to Dáithí’s family, who I know are watching in the Gallery. I am pleased that you, Madam Deputy Speaker, made them so welcome, and I am also pleased that we as a House encourage the gurgling noises that we hear from a young family. Believe me, they are the nicest noises that intervene on us when we are speaking here, and we should not be offended by them in any way, because they are welcome today.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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Will the hon. Gentleman give way?

Peter Kyle Portrait Peter Kyle
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On that note, talking of interventions and gurgling noises, I will give way to the hon. Gentleman.

Stephen Farry Portrait Stephen Farry
- Hansard - - - Excerpts

I must say to the shadow Secretary of State that that is a very unfortunate choice of words, but I will take them in the spirit in which they were intended. I intervene simply to make sure it is recorded in Hansard that when you, Madam Deputy Speaker, kindly referred to the family in the Gallery, Dáithí waved at you.

Peter Kyle Portrait Peter Kyle
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I am grateful for those gurgling noises, and the hon. Gentleman is welcome to intervene any time he likes.

I pay tribute to everyone who worked on what was a positive campaign, which received support across the communities and parties. That is a real credit to Dáithí’s family. Despite the current divisions in Northern Ireland, all party leaders worked together to ask the Secretary of State to intervene in this case so that the law Stormont passed could be implemented. It is right that he has done so, and the Labour party supports the amendments that he has put forward. I hope that in the future the Assembly can pass more laws that have widespread support and make a difference to people’s lives across Northern Ireland. This is the reality of how high the stakes are for restoring Stormont.

There is a contradiction at the heart of this Bill and the Government’s strategy for restoring the Executive. When the previous Act—the Northern Ireland (Executive Formation etc) Act 2022—was passed last year, I said that the timetable for a restored Executive was extremely short. I warned that it seemed unlikely that enough progress would have been made on the protocol negotiations for the Executive to be restored before the deadline. The Secretary of State told me that he was an optimist. We have the opposite situation with this Bill. It sets an extremely long deadline, which I support, of potentially a year for restoring the Executive as the protocol negotiations hopefully reach their end point. It is important that the Secretary of State is clear that he still has the power to call elections at any point during this period. I do not want to be pessimistic about this, but it is hard to see such a long extension as an endorsement.

Since the Prime Minister took office, the Government have followed a plan for restoring devolution by finding a negotiated solution to the protocol. That is correct. It is to be welcomed that the concerns of Unionists have been listened to and that the EU is showing more flexibility over what is possible. I cannot help but wish that the same respect had been shown to the Democratic Unionist party when it was expressing protocol concerns from within the Executive and Assembly. Had that happened, I do not believe that we would be here today.

In these late stages, I urge both the UK and the EU to strain every sinew to find a comprise that will be acceptable to all communities. As the Secretary of State knows, Labour stands ready to support such a deal. However, despite all the recent front pages and 15-minute meetings, the shape of the deal is still largely unknown to Members of Parliament. There is even confusion about whether it will be voted on in this House. I know that the Secretary of State and his Ministers have been deeply involved in these talks, so I hope they can confirm that a deal will be put before the House for a vote so that Members who represent Northern Ireland can have their say on it.

The path that the Government have not chosen to follow is the Northern Ireland Protocol Bill. Yesterday, the former Justice Secretary, the right hon. and learned Member for South Swindon (Sir Robert Buckland)—who was in his place just a short while ago—wrote an article in which he said:

“The Northern Ireland Protocol Bill has outlived its political usefulness and no longer has any legal justification”.

The Labour party has always said that that Bill would take a wrecking ball to our international reputation as a country that follows the rule of law. The Government would benefit, too, by being open about the fact that their legal advice might well have changed in recent days and weeks. Ultimately, a negotiated solution will be the only lasting solution.

It would also help the negotiations if the Government were more consistent in their defence of the Good Friday agreement on other fronts. This very week, we have had the spectacle of the Justice Secretary claiming that the Government were considering leaving the European convention on human rights in the morning, and the Attorney General confirming in the afternoon that doing so would break the Good Friday agreement. I hope that the Minister, when he responds, will confirm that the Government remain committed to all parts of the Belfast/Good Friday agreement.

Problems are piling up in Northern Ireland. This Bill does not solve all of them, but it stalls and buys more time. There are 39 key decisions that require Executive approval currently on hold. All of them are important in their own ways. People in Northern Ireland deserve such decisions to be taken locally. The Government will need to keep the next King’s Speech very light and prepare for an even higher number of Bills concerning Northern Ireland in the next Parliament if we do not get this right.

--- Later in debate ---
Chris Heaton-Harris Portrait Chris Heaton-Harris
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With the leave of the House, I would like to reply to the debate. Let me extend my thanks to all those who have contributed. I will answer as many of the points raised as I can. I am always struck by the deep sense of regard and affection for Northern Ireland displayed by right hon. and hon. Members when we have debates on subjects to do with Northern Ireland, and today was no exception. The shadow Secretary of State asked me some sensible questions—

Peter Kyle Portrait Peter Kyle
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As always.

Chris Heaton-Harris Portrait Chris Heaton-Harris
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Yes, actually, as always, which is nice for me. We remain committed to all parts of the Belfast/Good Friday agreement, as he would expect. He surprised me: I did not know the stats on the percentage of Bills going through the House that are Northern Ireland related, and he is correct—the number is way too large, and it should not be that way. The Northern Ireland Protocol Bill is proceeding, but the Government would very much prefer to get a negotiated settlement that works for all. Really that should not need saying, but I will say it once again. The former Government Chief Whip in me tells me that the House will always find a way to have its say on anything that the Government or the Executive do, and I am absolutely sure that that will be the case here.

Omagh Bombing

Peter Kyle Excerpts
Thursday 2nd February 2023

(1 year, 9 months ago)

Commons Chamber
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Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I thank the Secretary of State for his statement and for the in-person briefing that he afforded me and the team earlier this week.

I begin by paying tribute to all those who lost loved ones or were injured in the Omagh bombing. Last year, I visited Omagh and went to the memorial park—a beautiful tribute to the victims. The local community in that quiet market town has shown remarkable resilience and dignity in the face of an unspeakable act of terror.

The republican dissidents who planted the bomb were trying to derail the peace process, just months after a majority had voted for the Belfast/Good Friday agreement. They did not succeed, which is a credit to everyone in Northern Ireland. Michael Gallagher’s son, Aiden, was one of 29 people and two unborn children who were murdered that day. Michael has been a tireless campaigner for answers. I am struck by his powerful words when he says that he and other relatives of those killed want answers so that they can finally reclaim their lives.

We welcome the Secretary of State’s decision and the approach that he has taken in putting victims first in his deliberations. I know that he met the families before Christmas and promised that he would return personally to tell them whether he would order an inquiry. He has been a man of his word. Justice Horner was not prescriptive in his ruling about what the Secretary of State should do. Indeed, other Northern Ireland Secretaries have responded differently to similar rulings.

It is important to say that if the inquiry finds that there were shortcomings in how intelligence was used, that will not change the fact that republican terrorists are ultimately responsible for the lives that were lost and changed that day. Any article 2-compliant inquiry should provide the opportunity to learn the lessons that will prevent similar tragedies in future. The Republic of Ireland now has a moral obligation to start its own investigation. However, the fact that the Secretary of State is calling for the inquiry clashes with the Government’s overall approach to legacy issues. We oppose the Government’s Northern Ireland Troubles (Legacy and Reconciliation) Bill because it provides more benefits to perpetrators than it does to victims of terror.

The Secretary of State has put Omagh families at the heart of today’s decision. I am worried that other victims of atrocities during the troubles will be watching and wondering why their loved ones are not being treated in the same way. I speak regularly with the families of the Birmingham pub bombing victims, for example, and I am worried about how this news will affect them. Victims are already noticing contradictions in the Government’s approach to legacy issues. The Government rightly included the Omagh bombing in the troubles for the purposes of the victims’ pension scheme in 2020, but today the Secretary of State is saying that the Omagh bombing is outside of the troubles as defined by the legacy Bill.

Although the legacy Bill is opposed by all parties and communities in Northern Ireland, I think the Secretary of State’s decision today will be supported by them all. A seesaw approach to policy is not healthy in any circumstances—least of all when dealing with the sensitivities of Northern Ireland’s past. The Government have presented their logic as to why atrocities that were committed in late 1998 qualify for a public inquiry and those committed before that do not, but that logic is understood only in Whitehall.

Many families still struggle with the loss of loved ones, and their grief is compounded by the absence of information or justice. They simply cannot see the logic in treating the crimes that shattered their lives as undeserving of the treatment announced today simply because of a date that appears to them suited to the needs of Ministers but not respectful of their needs as victims.

I believe the Secretary of State to be a decent man. If he proceeds with the legacy approach that he has inherited, he needs to be certain that it will provide to all victims the same comfort and answers that he is offering the families in Omagh today.

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I thank the hon. Gentleman for his kind words and support for my decision. On what he said about the main point of difference, I actually do believe that we are being consistent. For hundreds, if not thousands, of families over the 25 years since the troubles ceased and the Belfast/Good Friday agreement came into effect, there has been no justice or information about what happened to their loved ones during that period. Investigations might have come and gone, but to no result for those families.

As the hon. Gentleman knows, I am trying to improve the legacy Bill as much as possible by talking to everybody who has an interest in the legislation. I have met victims groups over the last four months, as has the Minister from the House of Lords—Lord Caine—to ensure that we get the legacy Bill exactly right so that it can give those families, if possible, at least some information about what happened to their loved ones. That is all Michael Gallagher really wanted when he started his campaign. He wanted to know as much information about what happened that day as possible, and I hope the inquiry I have announced today will give him that.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I thank the Minister for setting out the measures in the Bill. It is needed to allow public services to function in Northern Ireland and we on the Labour Benches will not oppose it. The Bill will not provide new money, but allow Departments and public bodies in Northern Ireland to spend within the limits set out by the Secretary of State in his written ministerial statement in November.

Once again, we are legislating on Northern Ireland budgetary matters here at Westminster. This is not a step that any of us would want to take. Unfortunately, in the time available to us today, we are not going to be able to scrutinise the Budget properly. One hundred and forty-eight pages of a supporting memorandum detail the decisions that the Secretary of State has made. The Government have rushed the Bill forward at such a pace that the Northern Ireland Affairs Committee has not been involved in pre-legislative scrutiny in the way it normally would.

The explanatory notes for the Bill state:

“As Northern Ireland Ministers remained in office until 28 October 2022, it was not possible for the UK Government to take steps to set a Budget before this date.”

I have sympathy for the Government here. It was right to prioritise trying to restore power sharing last year, instead of preparing for a prolonged absence. The last time Westminster took through a Budget for Northern Ireland was in 2019. Of course, at that time, the Executive collapsed for three years before the New Decade, New Approach agreement was reached. I hope that the Minister can update us today on the progress of negotiations on the protocol, which we hope will allow power sharing to return.

I am pleased that the Government have taken on board the Opposition’s ideas and that the Prime Minister has now finally visited Northern Ireland. We have now passed the latest deadline for the appointment of Ministers, and the Secretary of State has 12 weeks to decide whether he will call elections again.

There has recently been an abundance of optimism on the direction of the protocol negotiations—on which, I think, the Minister just poured a bit of cold water. We are now nearing the 25th anniversary. This is not just an issue within the United Kingdom; it is one that our allies around the world are looking at, particularly the United States and our friends and partners in the Irish Government, who are looking on closely. The clock, as we used to hear, is ticking. I hope that that cold water can be mopped up and we get back to the point where we not only have optimism in these negotiations but can —finally—get something across the line. We stand ready to support any deal that the Government strike that delivers in our national interests and for the people of Northern Ireland.

To return to the Bill, the Government previously said that the totals in the Budget are “difficult choices” that are the result of political failure. It is only fair that we put on record some of the reactions of stakeholders to the difficult choices that the Secretary of State has had to make. Paul Mac Flynn of the Nevin Economic Research Institute said:

“the UK government intend on contracting public spending in Northern Ireland and have no interest in understanding how that will impact on the delivery of services here”.

Last week, the leaders of seven bodies representing all schools and the four main Churches in Northern Ireland highlighted a similar concern. In a letter to the Secretary of State, they warned of

“a crisis in education funding”

and requested a meeting. Let me remind the House that Education was the Department that the Secretary of State said would be required by the Budget to make

“significant reductions in current spending trajectory levels”.

Difficult choices have difficult consequences. It is the view of school leaders in Northern Ireland that

“Without question, reduction in funding and ongoing under investment will negatively impact the quality of education of every child and young person”

living in Northern Ireland. We are reluctantly supporting the Bill, but it is right to highlight the real-world effects that these allocations will have. I hope that the Secretary of State will arrange a meeting to discuss the school leaders’ concerns.

The health service in Northern Ireland will also require more long-term thinking than is possible with this Budget. It is noticeable how little progress has been made since New Decade, New Approach promised to transform the healthcare service in Northern Ireland. Waiting lists in Northern Ireland are the worst in the United Kingdom. I was shocked by a recent report by Channel 4 which laid bare the experiences that patients are facing. Since 2011, the number of women in Northern Ireland who have had to wait more than two weeks to see a breast cancer consultant has risen 55-fold. Let me repeat that: it has risen 55-fold. In 2011, 10 patients a month would miss this target; now the figure is a staggering 569 every single month. In response to the report, the Northern Ireland Health Department said:

“In the absence of an agreed multi-year budget for health and a significant overspend for this year, the ability to strategically plan beyond 22/23 is extremely challenging.”

Robert Buckland Portrait Sir Robert Buckland (South Swindon) (Con)
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The hon. Gentleman is right to talk of the inability to set out multi-year plans. We were being told about that when the Committee was in Northern Ireland last week, in a range of different areas. This is the problem: without a functioning Executive, there cannot be that multi-year longer-term thinking. The Government are doing everything they can year on year, but that will not replace a strategy and a plan that would help women with breast cancer and help children to get a decent education.

Peter Kyle Portrait Peter Kyle
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I am grateful for that intervention from the right hon. and learned Gentleman, and I am grateful for the fact that his Committee, or the majority of it, made it to Northern Ireland last week, while the shadow Foreign Secretary and I were snowed in. I know that some members of the Committee were struggling to get there. I am pleased that he did and that the Committee was able to complete its inquiries.

We have six hours of protected time here today, but it would take six hours to prosecute what landed us in this situation. The right hon. and learned Gentleman is correct —as is the Minister—to say that the best way to move forward from this particular moment in time is to have Stormont, and devolution, up and running, carrying out the required scrutiny of public services and with long-term strategic planning and political oversight and processes also up and running. However, I remind him and others, in fairness to those in the DUP, that they were raising these concerns about the protocol from a position within a devolved Administration long before they withdrew the Executive and then again failed to appoint a Speaker last year. There was a fantastic six-month window of opportunity in which to resolve these issues before the Executive collapsed, and that is the missed opportunity that has led us down the path on which we find ourselves today. The right hon. and learned Gentleman is correct to say that we need to get the institutions up and running, but I cannot forgive the negligence that allowed this state of affairs to emerge in the first place—and that negligence, I am afraid, started here, and in Whitehall and Downing Street.

This Bill will legally be considered a Northern Ireland Assembly Budget Act, but it serves only as a sticking plaster until the Assembly returns. If we keep passing Budgets for Northern Ireland in this way, the problems facing public services will keep building. We are also asking a huge amount of the civil servants in Northern Ireland who are now effectively running Departments. They are the ones who will have to make the choices about where the savings that this Budget requires can be found.

I want to raise the issue of education again, as it is the Northern Ireland Education Department of which this Budget is asking the most. I am sure that everyone here follows the reporting of BBC Northern Ireland. Last week, its education correspondent Robbie Meredith revealed that the Education Authority, the body that delivers school transport, meals, maintenance and support for special educational needs, is struggling to find £110 million of savings. In the authority’s view,

“The majority of the options available to save £110m in less than three months of the remaining current financial year would lead to highly unacceptable and detrimental risks to our children and young people and therefore could not be recommended for implementation.”

The fact that these discussions are happening behind closed doors and not receiving the attention they deserve from politicians shows that something has gone very wrong. It is my view that education is the greatest way of levelling up any part of our country, so any cuts should receive so much more scrutiny than is available here today.

To sum up, we need to accept the need for this Bill to allow public services to keep functioning for this present financial year. This process, however, is unsatisfactory for everybody across Northern Ireland. As the Secretary of State has said, he will start preparing a Budget for next year. I would welcome discussions with him about how to improve the scrutiny of taxpayers’ money. Of course, the best solution would be that Stormont is restored and that local representatives can agree on a Budget with political accountability. I would welcome an update from the Minister on progress on addressing the issues that are holding that back.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Chair of the Northern Ireland Affairs Committee.

Northern Ireland Budget Bill

Peter Kyle Excerpts
Peter Kyle Portrait Peter Kyle
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This is the first time I have served under you in the Chamber, Mr Deputy Speaker, and it is a pleasure to do so. I share the Minister’s gratitude to those who made today’s proceedings possible; their hard work was much welcomed by us all.

As the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) just said, the circumstances are quite clear. He reiterated them once more, talking about the seven tests and assuaging perceived challenges. Labour has said for some time that those challenges are negotiable. Now that the House here in Westminster has been detained in dealing with the issues that should be dealt with in Northern Ireland, and this Bill has passed, I hope that the extra time available to the Minister is put to good use in assisting whoever is responsible for these negotiations on a daily basis—in the Foreign, Commonwealth and Development Office, his Department or any other part of Government—to ensure that we get the deal across the line and get Northern Ireland moving again. I will not detain the House any further.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I thank the Secretary of State for setting out the measures in the Bill. I was clear when he introduced it that we would not oppose this legislation.

There is sufficient consensus in Northern Ireland and outside it that elections this winter will not help to break the political deadlock. In many ways, this emergency legislation is the least worst of the options open to the Secretary of State. I emphasise again that Northern Ireland is a valued part of the United Kingdom, and restoring power-sharing should be one of the top priorities of No. 10. The longer the Executive are collapsed, the hollower the 25th anniversary of the Belfast/Good Friday agreement next year will be. Power sharing is the essential and hard-won outcome of that agreement. It is incumbent on the UK Government and the European Union to engage with the concerns of the Unionist community that led to its withdrawal from the institutions. Equally, any solution that emerges must be acceptable to the nationalist community to allow power sharing to resume.

There is also a growing part of Northern Ireland’s population that identifies as neither nationalist nor Unionist. In May, the cross-community Alliance party achieved its best ever results in the Assembly election. Balancing these relationships is the nature of the UK Government’s role as the honest broker for Northern Ireland that Northern Ireland deserves. I was encouraged to hear that the Secretary of State made the decision to delay elections after, in his own words,

“engaging widely in Northern Ireland with the parties, with businesses, with community representatives and with members of the public. I have also spoken with other international interlocutors.”—[Official Report, 9 November 2022; Vol. 722, c. 278.]

The need to mark a new chapter in how the Government deal with Northern Ireland is profound, and I hope this marks that point.

To date, there is a fundamental contradiction at the heart of the Government’s approach to Northern Ireland, which is perfectly illustrated by two Bills affecting Northern Ireland that are going through Parliament at this moment. The Northern Ireland Protocol Bill has as its central justification the lost consent of one community for the protocol. The second, the Northern Ireland Troubles (Legacy and Reconciliation) Bill, not only has no consent of any community, but is actively opposed by all communities, the Northern Ireland Human Rights Commission and every single victims group, yet the Government obstinately plough on. This Government care about the concerns of Northern Ireland when it suits their needs, but sadly overlook them when it does not. That is a recipe for dysfunction, and dysfunction is what has been delivered.

Labour will always take a constructive approach to Northern Ireland, and one way of trying to make progress would be for the Prime Minister to step in and use his great office. Tony Blair’s first visit outside of London as Prime Minister was to Belfast. He visited five times in his first year as Premier. He did it to show commitment to Northern Ireland. It is revealing that the current Prime Minister has not yet made the short trip himself since he came to power, but in that time has managed to go to Egypt and Indonesia.

Peter Kyle Portrait Peter Kyle
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The shadow—sorry, the soon to be shadow Minister intervenes to point out that the Prime Minister went to the conference in Blackpool, which he did, and we are very grateful for it. I hope that he will soon make time to go to Northern Ireland himself and perhaps use the power of his office to convene multi-party talks and get some progress over there. This matters, because it was a Conservative Prime Minister who personally championed, negotiated and signed the protocol into international treaty. It is not unreasonable to expect it to take a similar level of involvement to change it.

The Bill before us allows the Secretary of State to delay elections, but it does not explain how the Government will use the extra time they are buying themselves. The first deadline in the Bill for restoring the Executive is 8 December. That is next week. It is unclear how the Government have used the period from 28 October to 8 December to find solutions to restore the Executive. Sadly, I can go back even further and say that it is not clear how the Government have used the entire six months since the Assembly elections. For months the Executive have been collapsed, and there was no visit from the Tory Prime Minister and no multi-party talks in Downing Street. There was not even a statement to Parliament. I would like to think that, had the current Secretary of State been in place back then, he would have done so, because he has respected the House by giving multiple statements since, for which I am grateful. It is a shame that there was no such similar action in that period.

The most recent update on the Northern Ireland protocol negotiations came from the Foreign Secretary during his appearance at the European Scrutiny Committee on 15 November. He said:

“I do not want people to be defeatist, but I also do not want people to run away with the idea that we are just on the cusp of some amazing breakthrough”.

He went on to say that he wanted to “manage expectations.” The Bill gives the Northern Ireland Secretary the power to extend the deadline by a further six weeks to 19 January, but no further. It is not clear whether the Foreign Secretary is bluffing or the deadlines in the Bill are too short.

That matters, because over the next few months, the Government have built up hopes that a deal is imminent. The delegated powers memorandum says of the decision by the Secretary of State:

“Parliament will have an opportunity during the passage of the Bill to scrutinise fully his likely decision and the basis on which he will make it. Any decision he takes will necessarily have to be made very shortly afterwards.”

I hope that when he responds to the debate the Minister is crystal clear on this. He must explain what progress has been made to reach a negotiated solution on the protocol and on restoring the Executive.

Other powers that the Secretary of State gains through the Bill include the ability to make public appointments, cut Assembly Members’ pay and set regional rates. We have been assured that the clauses relating to those measures are all based on previous legislation. Public appointments and rate setting are necessary powers for practical reasons. I hope that Members all agree with the need for the appointment of a Northern Ireland Commissioner for Children and Young People and of commissioners for the Northern Ireland Judicial Appointments Commission. Setting regional rates will provide businesses with certainty. It is also fine to cut Assembly Members’ pay, as that has been done before. Northern Ireland is suffering more from the cost of living crisis than any other part of the country, so I understand why residents would want that part of the Bill to be introduced.

Ian Paisley Portrait Ian Paisley
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I want to give the hon. Gentleman time to outline issues that have alarmed him. Does what has happened in the criminal courts in Dublin, including the Hutch criminal gang trial, create or provoke alarm in the Labour party? He will recall that, historically, whenever the IRA was involved in a major bank robbery, such as the Northern Bank robbery, and whenever its activists colluded with FARC guerrillas, that brought political institutions to a shuddering halt. Does he believe that the implications of what has been revealed in the Hutch criminal gang trial will have another shuddering impact on political activity?

Peter Kyle Portrait Peter Kyle
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The hon. Gentleman raises extremely serious issues, which relate to the Republic of Ireland and an ongoing trial. I watch that trial closely and await its outcome. I do not think that it would be appropriate at this point to comment on a trial that is under way, but I am grateful for his intervention.

Significantly, the Bill gives civil servants greater decision-making powers to allow public services to function. These decisions will be based on guidance issued by the Secretary of State. However, we should be aware that we are asking a lot of civil servants. Yesterday, Jayne Brady, head of the Northern Ireland civil service, gave an interview in which she said:

“We are in a period of keeping the system running, compounded by a requirement to make savings. But equally we won’t be moving and addressing those big systemic issues. That is why it is so important that we get the Executive up and running.”

I want to pay tribute to civil servants, who will undoubtedly do their best in the challenging weeks that lie ahead, but the big systemic issues require political leadership and political decision making.

Last week, I had the pleasure of visiting beautiful Enniskillen, where I witnessed first hand some of those acute challenges. In the local hospital, I saw outstanding facilities that are going unused because of the struggle to recruit the clinicians needed to keep services going. I spoke to nurses whose pay deals have been agreed by Ministers but are blocked by the absence of an Executive. Once again, nurses’ pay in Northern Ireland has diverged from pay in other parts of the United Kingdom. Those nurses are essential in tackling the longest waiting lists in the UK. Those issues need to be resolved, and they need to be resolved quickly.

I also want to put on record my thanks to the Police Service of Northern Ireland, whose officers have had to deal with recent attempts on their lives by terrorists. It is worrying that in these times there has been a partial freeze on the recruitment of new officers due to the lack of a budget. Northern Ireland needs a restored Executive so that decisions in such crucial areas can be made locally, instead of here in Westminster. The Government must use the extra time that the Bill gives them to make concrete progress. After months of uncertainty and neglect, it is the very least that people of Northern Ireland deserve.