Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Baroness Lister of Burtersett Excerpts

Monday 28th October 2019 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I am speaking in the gap to raise an urgent issue mentioned by the noble Lord, Lord Empey, which I spoke about in the Queen’s Speech debate—to no avail, to the disappointment of members of Northern Ireland’s civil society gathered at the Law Centres’ annual conference last week.

Because of Northern Ireland’s special circumstances, a mitigations package to soften the impact of certain elements of “welfare reforms” was agreed up to March 2020 by the Northern Ireland Executive. A joint report by the Work and Pensions Committee and Northern Ireland Affairs Committee recommended that it be extended beyond next March, stating that,

“the UK Government must act quickly to end the uncertainty”.

It argued that the circumstances were sufficiently exceptional as to override questions of devolved competence, with,

“a potentially drastic impact on vulnerable people and no Assembly to extend the legislation”.

The response I received to a Written Question was that the Department for Communities was responsible for the delivery of the mitigation schemes and a decision to extend beyond March 2020,

“would be a matter for an incoming Minister for Communities in a restored Northern Ireland Executive”.

I am sorry, but, as I said last week, that is simply irresponsible given that there is no certainty that the Executive will be restored in time. It is like waiting for Godot.

The Department for Communities has itself made clear that, in the absence of a functioning Assembly,

“it is considered that the only viable option for providing the legal authority for the Department to make mitigation payments beyond 2020 would be for the Westminster Parliament to bring forward appropriate legislation”.

The response that I received in the debate was that the Secretary of State for Northern Ireland did not have the power to instruct the Northern Ireland Civil Service. But this is so unhelpful. I understand that it is quite within the power of the UK Government to legislate in the absence of a restored Executive, provided that they are willing to amend existing legislation that prevents it.

This is what is being called for—not that the Secretary of State instructs the Northern Ireland Civil Service. As Nigel Mills MP pointed out to the Secretary of State in the Northern Ireland Affairs Committee, the Government,

“have legislated for quite a few devolved matters ... it would not be unprecedented to do so for this as well”.

I know that the Minister cares about such issues. I cannot believe that he would wish for around 35,000 low- income households to be made worse off overnight because the UK Government refused to use their powers in this way. According to the Department for Communities, the average estimated weekly loss due to the bedroom tax would be £12.50 and the benefit cap £42. Anxiety among tenants, social security claimants and advice workers is growing. There is a clear civic and political consensus in Northern Ireland that the mitigations must continue beyond March 2020. Following the pressure put on him at the Northern Ireland Affairs Committee, the Secretary of State agreed to reflect. I implore the Minister to add his weight to do what he can to impress on the Secretary of State the importance and urgency of taking legislative action now.