Independent Reporting Commission: Sixth Substantive Report

Chris Heaton-Harris Excerpts

Tuesday 5th December 2023 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I have received the sixth substantive report from the Independent Reporting Commission.

The Commission was established following the fresh start agreement of November 2015 to report on progress towards ending paramilitary activity. That agreement set out the Northern Ireland Executive’s commitments around tackling paramilitary activity and associated criminality, and led to a programme of work to deliver a Northern Ireland executive action plan. In the New Decade, New Approach (NDNA) agreement in January 2020, a commitment was made to ongoing work to tackle paramilitarism, and this work continues, including through a second phase of the NI Executive’s tackling paramilitary activity, criminality and organised crime programme.

In their sixth report, the Commissioners note there is increasing evidence that the programme is bearing real fruit, by fostering a partnership approach and helping to shape and inform the development of public policy and practice through the priority given to evidence and data. The Commissioners note the cumulative impact that collective law enforcement effort is having on paramilitary groups and their leaderships, and that good work continues to build resilience and strengthen protective factors of communities and individuals affected by paramilitarism.

Yet the report also reminds us that the problem of paramilitarism is enduring. We have seen on a number of occasions over the past year the disregard that paramilitary groups and those who claim affiliation with them have for public safety, and the harm and disruption they continue to cause through criminal activity and coercive control to the communities they often claim to represent.

The Commissioners have set out a number of recommendations on how the effort to tackle paramilitarism can be enhanced. We will consider recommendations for the UK Government through engagement with representatives of NI political parties, the NI Executive, the Irish Government, with civic society and community representatives in Northern Ireland, and with the Independent Reporting Commission.

Paramilitarism was never justified in the past, and cannot be justified today. The UK Government remain committed to delivering our vision of a safer Northern Ireland and to working with partners to support efforts against the enduring threat and harms posed to communities by terrorist and paramilitary groups.

Political leadership from across the political spectrum in Northern Ireland is essential to ensure it remains clear there is no place for paramilitarism. A functioning Northern Ireland Executive is the most effective mechanism for ensuring a strategic, cross-cutting approach to tackling paramilitarism in partnership with the PSNI and the wider public sector.

I would like to express my thanks to the Commissioners and the secretariat for their continued work reporting on progress towards ending paramilitarism.

[HCWS94]

Oral Answers to Questions

Chris Heaton-Harris Excerpts

Wednesday 22nd November 2023 Commons Chamber

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

6. What recent discussions he has had with businesses in Northern Ireland on the implementation of the Windsor framework.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

Yesterday was the 49th anniversary of the Birmingham pub bombings that killed 21 people and injured 182—the deadliest act of terrorism in England during the troubles. At this juncture, we should remember those who lost their lives, and in this 25th year of the Belfast/Good Friday agreement it is important to remind ourselves of the progress that has been made since 1998.

I recently attended a roundtable with the Northern Ireland Institute of Directors, and I meet regularly with Northern Ireland businesses to discuss a whole range of issues, including the Windsor framework. Officials across the UK Government are also in regular contact with businesses about implementation of the framework. We have continued the ongoing implementation of the Windsor framework, rolling out the first phase of the green lane on 1 October, cutting red tape and lifting bans on everyday products.

[Andrew Selous]

I very much welcome the Secretary of State’s commitment to businesses in Northern Ireland. Could he tell the House how many of them are now registered with the UK internal market scheme?

[Chris Heaton-Harris]

I am happy to confirm that more than 7,000 businesses have now registered with the UK internal market scheme, of which over 3,000 are businesses that did not benefit from the previous schemes. All of those businesses can now move their goods free from any costly issues and tariffs. In the future, businesses registered under the scheme will also be able to avoid completing customs declarations as we continue implementation of the Windsor framework.

[Jonathan Gullis]

Does the Secretary of State accept that for as long as there are customs declarations, physical searches and ID checks for businesses moving goods from Great Britain into Northern Ireland, even in the green lane, the Prime Minister’s view that there is no

“sense of border in the Irish sea”

will ring hollow?

[Chris Heaton-Harris]

With the greatest respect to my hon. Friend, I do not accept that. When we agreed to the Windsor framework, we committed to a certain number of EU laws being maintained in Northern Ireland, which has been of economic benefit to Northern Ireland even up to this point and will continue to be in future. Pretty much everybody involved in movements across the Irish sea—the businesses involved, including the new businesses using them—believe that they are simple and very straightforward.

[Mr Speaker]

I call the DUP leader.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Further to that excellent question from the hon. Member for Stoke-on-Trent North (Jonathan Gullis), our objective is to ensure that Northern Ireland’s place in our biggest market, the United Kingdom, is restored and protected in law. Will the Secretary of State work with us to ensure that, where goods are moving from Great Britain to Northern Ireland, they are not subject to EU customs processes that are neither necessary nor fair and right? Save for reasons of animal health and the risk of smuggling, there should not be checks on those goods.

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his question, and I very much enjoy working with him on a regular basis to try to achieve the aims he has set out. We have so far gone a long way in this space with the Windsor framework, but I look forward to continued engagement with him in the next few days, because we do need to find a resolution to these issues that also means we can re-form Stormont and deal with the other domestic issues in Northern Ireland.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for the additional support that has been provided to businesses affected by flooding in Northern Ireland. Will he work with us to ensure that, whatever additional support is required for the recovery of towns such as Downpatrick, Newry and Portadown is delivered by Northern Ireland Departments working together with the Northern Ireland Office?

[Chris Heaton-Harris]

I would like to thank the local councils and the Northern Ireland civil service for the work they have done on this so far. The flooding, which I know we will talk about a bit later, was extraordinary and so many people were affected who did not expect to be. Some £15 million has been assigned for that at this point in time, but the right hon. Gentleman is quite right to say that the consequences of the floods will have ramifications for months and years to come.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

3. Whether he has had discussions with the Northern Ireland Department for the Economy on improving the performance of Northern Irish universities as measured by the Times Higher Education impact rankings.

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[Stephen Farry (North Down) (Alliance)]

8. What assessment the Government have made of the potential merits of introducing a fiscal floor for Northern Ireland.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I thank the hon. Member for the proposals that he and his party have shared with me regarding these matters, as well as those of the hon. Member for Belfast East (Gavin Robinson). I read his article in The Irish Times earlier this morning with great interest, but he will know that such change is not exactly the silver bullet and will need some negotiation.

[Stephen Farry]

I appreciate that there is a need for a negotiation. A fiscal floor is vital to Northern Ireland. Can the Secretary of State ensure that any fiscal floor is driven by evidence, based on the work of the Northern Ireland Fiscal Council, draws on the work of Professor Holtham in Wales, and properly reflects the devolution of policing and justice, as happened in 2010 around need?

[Chris Heaton-Harris]

There is always some debate on the basis of need, and the Fiscal Council outlined what it should be in its eyes. In general principles, the answer is yes. A lot of conversations are to be had, and the Fiscal Council helpfully published a report earlier this year, but I remind the hon. Gentleman that the proposal for Wales took over seven years to negotiate.

[Ian Paisley (North Antrim) (DUP)]

10. What discussions he has had with the chief commissioner and the commissioner for investigations at the Independent Commission for Reconciliation and Information Recovery since their appointment.

[The Secretary of State for Northern Ireland (Chris Heaton- Harris)]

To update the House, Sir Declan Morgan and Peter Sheridan have been identified as chief commissioner-designate and commissioner for investigations-designate, respectively. Sir Declan commenced work in June and Peter Sheridan is due to start in December. Formal appointments will take place only once the Independent Commission for Reconciliation and Information Recovery is legally established. The commissioner-designate and I have been in contact about a range of issues, mainly through correspondence, including in leading the search for the remaining commissioners.

[Ian Paisley]

I am sure that when those meetings finally take place, the Secretary of State will take the opportunity to raise the numerous crimes committed in the Republic of Ireland against Northern Ireland, and challenge them over state-sponsored terrorism there. In his dozens of meetings with Sinn Féin, can the Secretary of State explain if he has taken the opportunity to challenge Sinn Féin about its boycott of the institutions here? When will he ask Sinn Féin Members to come back here and do their job?

[Chris Heaton-Harris]

As you would expect, Mr Speaker, I meet all the political parties and their party leaders in Northern Ireland and here, where their party leaders exist. Everyone knows the views of this Government about people who do not turn up and take the oath in this place, but I have to work with all parties and will continue to do so.

[Jim Shannon (Strangford) (DUP)]

12. If he will have discussions with Cabinet colleagues on the potential merits of allocating additional funding for teaching assistants in Northern Ireland.

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[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

14. What recent discussions he has had with political parties in Northern Ireland on the restoration of the Northern Ireland Executive.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I will answer those questions from my beautifully tabulated pack. Our focus remains on delivering for the people of Northern Ireland, who expect and deserve locally elected decision makers to address the issues that matter to them. I will continue to engage regularly with the party leaders, and believe there is genuine willingness on all sides to re-establish the conditions for the devolved institutions to go back to work and to thrive.

[Tonia Antoniazzi]

We have heard in this House today how disappointed Northern Ireland is at no successful levelling-up bids. I visited Coleraine football club, which was disappointed to be unsuccessful in round 2. Is the Secretary of State confident that the restoration of power sharing is close? Northern Ireland simply cannot afford to lose out on even more money.

[Chris Heaton-Harris]

I am glad that the hon. Lady went to Coleraine football club; I went there and had a wonderful experience with a great football team. I would have loved to referee, but I was not allowed. I believe that we are moving closer to a decision. Discussions are still to be had, and they are continuing at pace and at length.

[Sir Robert Goodwill]

We have already heard today an example of how the people of Northern Ireland are disadvantaged by the lack of a functioning Executive. I would add to that list the deployment of the apprenticeship levy and the reform of the renewable heat incentive. Does the Secretary of State agree with me that civil servants in Northern Ireland face an almost impossible job in trying to steer the ship of state without co-ordinates set by the politicians elected there? [Interruption.]

[Chris Heaton-Harris]

I thank my right hon. Friend for his question and his obvious popularity in the House. I agree with him. He is completely correct that there are a whole host of issues that require elected Ministers in Northern Ireland to take their place. I would like to place on record my thanks to the Northern Ireland civil service for the work they have been doing in such circumstances with the limited guidance we have given them, because they have been doing a sterling job on behalf of the people of Northern Ireland.

Government’s Legislative Programme 2023-24: Northern Ireland

Chris Heaton-Harris Excerpts

Wednesday 8th November 2023 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

The legislative programme for the fourth Session was outlined at the state opening of Parliament on Tuesday 7 November 2023. This statement provides a summary of the programme and its application to Northern Ireland. It does not include draft Bills, Law Commission Bills or Finance Bills.

The UK Government have held significant events this year to celebrate Northern Ireland’s success and progress. We have marked the historic 25th anniversary of the Belfast/Good Friday agreement, which continues to be the bedrock for progress in Northern Ireland, as well as securing and protecting Northern Ireland’s integral place in the United Kingdom.

Furthermore, in partnership with Invest NI, the UK Government showcased Northern Ireland’s innovation and technological strengths to around 200 global investors at the Northern Ireland investment summit in Belfast in September 2023. This was the largest ever gathering of its kind, reminding us just how much Northern Ireland has to offer and how much it benefits from its central place in the United Kingdom.

The UK Government are determined to build on Northern Ireland’s progress over the last 25 years by investing in its future. As a result of the 2021 spending review, the Northern Ireland Executive will receive a record block grant of, on average, £15 billion per year in each year of this spending review period. We are committed to ensuring Northern Ireland’s future is not only peaceful, but stronger and more prosperous for all its citizens.

Additionally, the UK Government will invest more than £730 million into the new €1.1 billion PEACE PLUS programme to support economic stability, peace and reconciliation. This is a concrete example of our commitment to helping Northern Ireland reach its full potential as a prosperous and stable part of the United Kingdom, as well as a huge investment towards peace and prosperity in the Belfast/Good Friday agreement’s 25th anniversary year.

In the third Session, legislation was passed to address the legacy of Northern Ireland’s past by providing better outcomes for victims, survivors and their families; to deliver a carefully balanced package of identity and language measures, negotiated as part of New Decade, New Approach deal; and to maintain the delivery of public services and protect public finances in the absence of the Northern Ireland Executive. Legislation also allowed an opt-out organ donation system to be implemented in Northern Ireland.

In the fourth Session, the following Bills will extend and apply to Northern Ireland, either in full or in part:

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Bill

Criminal Justice Bill

Data Protection and Digital Information Bill

Digital Markets, Competition and Consumers Bill

Economic Activity of Public Bodies (Overseas Matters) Bill

Investigatory Powers (Amendment) Bill

Media Bill

Offshore Petroleum Licensing Bill

Terrorism (Protection of Premises) Bill

In the absence of a functioning Executive and Northern Ireland Assembly, it is not currently possible to seek and obtain their legislative consent. The people of Northern Ireland deserve a functioning Assembly and Executive, where locally elected representatives can address issues that matter most to those who elect them. The UK Government’s focus remains on restoring fully functioning power-sharing institutions as soon as possible.

[HCWS7]

Oral Answers to Questions

Chris Heaton-Harris Excerpts

Wednesday 6th September 2023 Commons Chamber

[Mary Glindon (North Tyneside) (Lab)]

1. What recent discussions he has held with the Police Service of Northern Ireland on the potential impact of changes in the level of funding for policing in Northern Ireland on crime.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

Today is my first anniversary in this amazing role—one of the very best jobs in Government. Some things, alas, have not changed in that time. Obviously, Stormont is not sitting. Some important anniversaries have been marked, including the 25th anniversary of the Belfast/Good Friday agreement, and some things have really moved on and changed, including the Windsor framework resolving many of the issues with the Northern Ireland protocol, and indeed my former shadow, the hon. Member for Hove (Peter Kyle). I warmly welcome his replacement, the right hon. Member for Leeds Central (Hilary Benn), to his place, and indeed his deputy, the hon. Member for Putney (Fleur Anderson). May I place on the record my thanks to the hon. Member for Hove and his deputy for all the work they did with me in the course of the last year?

Policing in Northern Ireland is a devolved matter, as is the funding for it, and it is the responsibility of Northern Ireland Departments to allocate resources as they see fit.

[Mary Glindon]

I congratulate the Secretary of State on his anniversary. In July, the former chief constable warned that the force was at risk of being left unrecognisable due to budgetary pressures that could see the loss of more than 1,000 officers by 2025. With the force already at lower-than-ideal numbers and the recent data leak likely to have an impact, what discussions is the Secretary of State having with the Department of Justice in Northern Ireland and with the PSNI about how those pressures can be eased during this difficult time for the force?

[Chris Heaton-Harris]

I had a number of conversations with the former chief constable about this issue. The budget for 2023-24 gives the Department of Justice a total allocation of £1.2 billion. Obviously, recognising the unique security situation in Northern Ireland, the UK Government make additional contributions to the PSNI’s counter-terrorism work through the additional security funding. The UK contribution for 2022-23 is £32 million. I am fully aware of the obvious issues that we talked about in the recent urgent question, and I am sure that we will get on to those a bit later in questions.

[Mr Speaker]

I call the Chair of the Northern Ireland Affairs Committee.

[Simon Hoare (North Dorset) (Con)]

I wish my right hon. Friend a happy anniversary. I also thank, as he did, the outgoing shadow team and welcome the new. He is right to reference the recent data breach, which will have very much changed the backdrop of the morale of the police in Northern Ireland—and not just officers, but those in support services. Budgets are under pressure, as we know, but the security and safety of serving officers and those who work for the PSNI is always important, particularly post the data breach, given the potential risks from dissidents that that creates. Can he assure me that he will do all he can to deliver safety equipment, protection and security for those who are feeling most vulnerable at this time?

[Chris Heaton-Harris]

Yes, I absolutely can. I look forward to continuing to work closely with the PSNI’s senior leadership team, who have a wealth of experience and are dedicated to keeping the people of Northern Ireland safe. I know that they are continuing to work closely to ensure the very best possible response to this breach. Just to give a tiny bit of detail, very briefly, the PSNI and security partners will continue to take proportionate action to protect their officers, staff and families and they have full Government support in responding to the data breach. At the moment, our focus remains on providing specialist support and expertise to the PSNI from across Government.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I congratulate the Secretary of State on his first anniversary and welcome the right hon. Member for Leeds Central (Hilary Benn) to his new role as shadow Secretary of State. We look forward to working with him.

This Secretary of State has rightly said that many aspects of policing in Northern Ireland are devolved, but the data breach is a matter of national security because it includes officers who work with the Security Service in a very specialist role involving counter-terrorism and intelligence in Northern Ireland. Will he assure the House that whatever resources are required by the PSNI, not only to fulfil that function but to protect its own officers and staff, will be made available?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for congratulating me on my anniversary. I was hoping that he might give me a different anniversary present, by heading back to Stormont, but perhaps we can have that conversation later.

[Sir Jeffrey M. Donaldson]

indicated dissent.

[Chris Heaton-Harris]

I have to ask, haven’t I?

The right hon. Gentleman asks a very sensible and serious question, for which I thank him. I obviously cannot answer some elements of his question in public, but any additional funding required by the PSNI would be submitted through an established process. We are currently at the very beginning of that established process, so it would not be right to pre-empt that. The Government are clear that security is paramount, and our focus remains on the items I set out. It will move on, but it is currently specialist support and expertise in response to the latest assessments.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for that response. In his earlier answer he referred to the PSNI’s senior leadership team. For the record, my party fully supports the PSNI in its impartial implementation of policing across all communities in Northern Ireland, but we are in a crisis situation, not only with the data breach but with the loss of confidence internally within the PSNI. Although it is the responsibility of the Policing Board to make appointments, does he agree that perhaps what we need now, in the absence of a chief constable, is for someone to be brought in who has the experience and leadership credentials that are needed in the interim period, pending the appointment of a new chief constable, to take control of this situation?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for that question, the way he poses it and the point behind it. The senior management team is a strong and effective unit, and the Policing Board has a lot on its plate at this point in time. I believe it has even launched a review into how the Policing Board itself operates. I am quite sure that questions are being asked about what can be done in this space but, as of now, I can update the House only on what I have done.

[Patrick Grady (Glasgow North) (SNP)]

2. What assessment he has made of the potential impact of the increased cost of living on people in Northern Ireland.

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[Andy McDonald (Middlesbrough) (Lab)]

4. What steps his Department is taking to help restore power sharing in Northern Ireland.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I thank the hon. Gentleman for his question and it is good to see him in his place. Our focus remains on delivering for the people of Northern Ireland, who expect and deserve locally elected decision makers to address the issues that matter to them. I continue to engage regularly with all party leaders and speak to them very regularly indeed.

[Andy McDonald (Middlesbrough) (Lab)]

I thank the Secretary of State for his answer, but the lack of a functioning devolved Government in Northern Ireland means that there are direct consequences for its people, as is evidenced by the highest waiting lists in the UK, which would not be tolerated elsewhere. In the absence of a restoration of power sharing, there needs to be a plan B—what is it?

[Chris Heaton-Harris]

Obviously, all my energies are spent on trying to resolve the issues in order to allow the DUP to come back to Stormont and get the Executive up and running. There are myriad options available if we were to go down different routes, but I am afraid none of them is as ideal as Stormont functioning and the institutions of the Belfast/Good Friday agreement all being stood up.

[Julian Smith (Skipton and Ripon) (Con)]

There is a big opportunity over the coming weeks to restore the Northern Ireland Executive. Does the Secretary of State agree with me that key to that is the UK, Dublin and the EU listening harder to the concerns of the DUP about implementation of the Windsor agreement?

[Chris Heaton-Harris]

I thank the former Secretary of State for that question; he is absolutely right. We have been listening in great detail to the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), the DUP leader, and his team of negotiators over the course of the summer. We have had very detailed negotiations and I believe we are homing in on what is actually required. That might well mean we need conversations elsewhere, but let us see where we get to in the course of the next couple of days.

[Mr Speaker]

I call the shadow Secretary of State.

[Hilary Benn (Leeds Central) (Lab)]

The Windsor framework, which was agreed seven months ago, was a great achievement, but it was also intended to enable the restoration of power sharing in Northern Ireland. That has not happened. What is the Government’s plan? The Secretary of State refers to the conversations he is having, but what is the plan to get Stormont back up and running?

[Chris Heaton-Harris]

I sincerely welcome the right hon. Gentleman to his place and thank him for his question. Currently, there are issues with one particular political party. We are talking to that party on a very regular basis at this point in time. Those talks have moved forward substantially, but he would have to check in with the DUP leadership to see if I am correct. Just because the right hon. Gentleman cannot see that does not mean that it is not happening. One thing I have learned, as I have said many times from this Dispatch Box, is that just because talks are being held in a confidential manner does not mean that they are not taking place and moving forward.

[Hilary Benn]

The Secretary of State knows that there are concerns in the Unionist community about unfettered access for Northern Ireland businesses trading with Great Britain. The Government said last month in the border target operating model that they are committed to that access, as we all are, and that:

“These arrangements will be enshrined and further strengthened in domestic legislation”.

Can he tell the House when that legislation will be introduced?

[Chris Heaton-Harris]

Hopefully in very short order, dependent on making sure we have got it exactly right, so it answers the questions and allows Stormont and the Executive to re-form.

[Jim Shannon (Strangford) (DUP)]

5. What steps he is taking to help ensure that postal communications between Britain and Northern Ireland are delivered without customs declarations.

--- Later in debate ---

[Mr Gregory Campbell (East Londonderry) (DUP)]

8. What recent discussions he has held with the Department for the Economy officials on electricity generation and supply after 30 September 2023.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

My officials and the Department for Energy Security and Net Zero are engaging with the Northern Ireland Department for the Economy to understand the facts and to assess any extra requirements. Energy is a devolved matter.

[Mr Campbell]

I thank the Secretary of State for that response, but can he indicate to people who are concerned about recent newspaper speculation on the future of generation and supply in October and beyond that it is secure and that there will be no hiccup or hiatus between now and Christmas?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his supplementary question. Northern Ireland benefits from being part of the United Kingdom with access to electricity from Great Britain through the interconnector, and it also benefits from being part of the single electricity market on the island of Ireland. I and the Minister of State worked hard to ensure that that was preserved during the UK’s exit from the European Union. We are working very closely with all officials across Government here and in the Northern Ireland civil service to ensure that the right preparations are in place for the winter.

[Ian Paisley (North Antrim) (DUP)]

9. What recent assessment he has made of the availability of (a) veterinary products and (b) horticultural stock in Northern Ireland.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Chris Heaton-Harris Excerpts

Consideration of Lords message
Wednesday 6th September 2023 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I beg to move, That this House disagrees with Lords amendments 44D, 44E, 44F, 44G, 44H and 44J.

Let me begin by reminding the House that the Government have sought to make a realistic assessment of what we can best deliver for families more than a quarter of a century after the 1998 Belfast/Good Friday agreement, nearly 30 years since the first ceasefires, and well over 50 years since the troubles began. The backdrop is that current mechanisms for addressing legacy matters work for only a very small number of people, rather than the overwhelming majority, and established criminal justice processes are increasingly unlikely to deliver outcomes that people desire, especially in respect of prosecutions.

We have only one issue left to debate today: conditional immunity. The purpose of this legislation is to give people more information in a shorter timeframe than is possible with the current mechanisms. We do that by creating an effective information recovery process that relies on a conditional immunity model. I attended a decent chunk of the debate in the House of Lords yesterday, and although I am sympathetic to the intent behind Lords amendment 44E, which is to give family members a role in deciding whether immunity should or should not be granted, immunity risks undermining the effectiveness of these provisions and the principal aim of information recovery. For example, the “public interest” consideration element in condition D would lead to uncertainty about the circumstances in which immunity will be granted, undermining the clear and transparent approach that we have developed over time. If we are to ensure that the Independent Commission for Reconciliation and Information Recovery can obtain as much information for families as possible, we need to ensure that the right incentives are in place for individuals to come forward to provide that information.

[Jim Shannon (Strangford) (DUP)]

I appreciate that the Secretary of State—whom, by the way, I greatly respect—has come here to try to deliver the Bill as it is, but may I make this point to him? A great many people out there have lost loved ones over the years—we all know who they are—and on every occasion, they seek justice. As I said to my hon. Friend the Member for East Londonderry (Mr Campbell), even if there is only a candle of light of a possibility that someday, those who had murdered someone’s loved one would be held accountable for it, that is what we need. Let me say, with respect, that today the Government are extinguishing that light for all those who have lost loved ones. There are many people in the Chamber today, and in the Public Gallery, who have lost loved ones. On behalf of all those families, I implore the Secretary of State and the Government to think very carefully about the direction that they are taking, because the families’ right to justice is being extinguished, and that cannot bode well for the future.

[Chris Heaton-Harris]

I thank the hon. Gentleman for his point, for the way he has raised it, and indeed for the numerous conversations we have had on these matters outside this place and within it. He knows the answer that I am going to give him. I will never, and can never, put myself in the shoes of the people who have lost someone. I just cannot. However, I can see a process that has worked for only a very few people, considering the quantum of people who were affected by the troubles and who lost people. Indeed, the chances of getting justice for them are dwindling all the time.

The Government have come to the conclusion that this is the right way forward because we hope that we can, in good time, at least get some information recovered for those families that ask for it, and also through other elements of the Bill that are not the subject of this package of amendments. If someone misleads the Independent Commission for Reconciliation and Information Recovery, there are criminal processes involving perjury and a whole host of criminal investigations that can take place. A whole host of things have changed that I hope will allow lots of information to be recovered in quick time for families.

[Colum Eastwood (Foyle) (SDLP)]

The Secretary of State says he cannot put himself in the shoes of the victims, but he could listen to them. Can he tell us how many or what percentage of the victims he has met have shown support for this piece of legislation?

[Chris Heaton-Harris]

Very few have shown support for this legislation, but I have met many, as has my Lords Minister, Lord Caine. In fact, part of the process of changing the Bill has come from those conversations. I understand that lots of families do not want this Bill, but the question then is: if not this Bill, then what? [Interruption.] The hon. Member for Foyle (Colum Eastwood) says “Stormont House”, but he knows that Stormont House did not have cross-party agreement at the time and that the Ulster Unionist party did not agree to it—

[Claire Hanna (Belfast South) (SDLP)]

rose—

[Chris Heaton-Harris]

I happily give way. Please correct me.

[Claire Hanna]

Would the Minister acknowledge that it did have cross-party support—the Ulster Unionists deferred on one small matter—and that it was recommitted to by his Government and the Irish Government as recently as January 2020?

[Chris Heaton-Harris]

And it did not move forward because of the different political issues that came about.

[Colum Eastwood]

The Minister made this very point at an event that I was at at the weekend, but it was Chatham House rules so I am not allowed to talk about it. He puts forward the argument that the parties just could not agree, but I was involved in many of those discussions and I can tell him that the British Government dragged their feet month after month around the issue of onward disclosure. That is what happened, and it is important to put that on the record. The vast majority of political parties and victims’ groups in Northern Ireland supported Stormont House but the British Government just did not want to do it. That is why it did not get delivered.

[Chris Heaton-Harris]

I am afraid I do not quite believe that that is the case. However, the British Government have committed to full disclosure to the ICRIR, which allows for a huge amount of information to be put forward in those circumstances and the possibility of ensuring that the commissioner can obtain as much information as possible from families.

[Sammy Wilson (East Antrim) (DUP)]

The Minister said that if families were to have a say on whether immunity should be granted, it would undermine the whole thrust of the Bill, but the point of the Bill is to ensure that people and families who have been hurt, traumatised and damaged by what happened as a result of terrorist activity in Northern Ireland over 30 years have their say. Surely the best way of giving them justice, after they have heard what the circumstances of the case were, what the attitude of the individual is and what can be disclosed, is to at least let them have the final say on whether they feel that the individual concerned should be granted immunity.

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his point. The many amendments to this Bill throughout the last year have included measures on how families should be engaged with and how their views should be heard throughout the process. To ensure that the commission can obtain as much information for families as possible, we need to ensure that the right incentives are in place for individuals to come forward and provide that information. The possibility that eligible individuals who co-operate fully with the commission could then be prevented from obtaining immunity from prosecution is highly likely to act as a significant disincentive for individuals to disclose that information.

[Simon Hoare (North Dorset) (Con)]

This was never going to be an easy issue, or an easy Bill. If it was easy, it would have been done many years ago. What the Government are proposing may be right, or it may be part right and part wrong. I certainly think that giving those survivors and their families a right to veto would be the wrong step to take, so the Government are right on that. However, I think the House will find comfort in the fact that the Secretary of State will keep the progress of the enactment under review, and if there is abuse or things that are wrong, we can revisit it, tidy it up and make it work better. This cannot be seen as a closed chapter, job done. Rather, it is the start of a new process—quite experimental in some ways—of learning from other people’s experiences. If we have that comfort that this is amendable and reviewable, it might help to assuage some, if not all, the concerns.

[Chris Heaton-Harris]

I thank the Chairman of the Select Committee for his point. He will know that other amendments I have tabled have tried to make this body as independent as it can possibly be. I am sure he will have taken great heart from the appointment of the chief commissioner designate, Sir Declan Morgan, and from the comments he has been making about how he intends to go about his business. He is engaging widely, even at this point, and will do so even further when the Bill gets Royal Assent and becomes an Act. Just in the practice of Sir Declan in putting the flesh on the framework that we are building here for the commission, I think my hon. Friend will see that there are lots of opportunities for it to do exactly what he wishes it to do.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

This is understandably an emotional and difficult topic, and it is one that means a lot to me, having served as a Parliamentary Private Secretary to the former Secretary of State for Northern Ireland, my right hon. Friend the Member for Great Yarmouth (Sir Brandon Lewis), and also having loved ones who lived through the troubles on either side of the border. The discussions were difficult and I want to give my support to the Secretary of State on this. If there is a threat of prosecution down the line, it will be the families of British soldiers and the families particularly in Unionist communities who will not get the answers they rightly deserve. It will disincentivise people from coming forward and presenting evidence.

Even though justice might not be served in a court, there will at least be answers to the questions that family members have been asking for a long time. It will offer some small hope of reconciliation for those families if they can finally get the truth about what happened and who was involved, in order to allow Northern Ireland to heal and move on. I have engaged regularly with members of the Northern Irish community, and they want to talk about education and about creating more high-skilled, high-wage jobs. They are desperate to see prosperity for their great country, and those are the things that that nation wants to move on to look forward to, rather than continuously looking backwards.

[Chris Heaton-Harris]

I thank my hon. Friend for his point and for his committed work in my Department. I was not there at the time, but I know of it. I understand the point that he makes. Over the past year, we have endeavoured through amendments to make the Bill very much focused on all victims of the troubles, so that all victims can, if they choose to do so, contact the commission and start a process that will hopefully get them some information in relatively quick time.

[Sammy Wilson]

We have recently had an example of a Roman Catholic priest who was involved in IRA activities. When talking about his role, he said that his only regret was that his efforts were not more effective in killing people. If that kind of evidence is elicited—if people come forward and show no remorse and no regret, and offer no comfort to victims—does the Secretary of State really think victims will feel any better? Would not giving them the opportunity to say, “In the light of that man’s attitude, I do not believe he should be granted immunity,” be a better way of ensuring that justice is at least seen to be done for those people?

[Chris Heaton-Harris]

Unbelievably evil things were done in the course of the troubles. Unbelievably hideous acts were committed, and none of us can change that. As I said at the beginning of my contribution, it has not been possible to give justice to a huge number of those families even today, even after the passage of all that time and even after numerous investigations in some cases. This Bill tries to get some information to families who contact the commission to request it, so they can better understand the situation. It will not change anything that happened in the past—it simply cannot.

[Colum Eastwood]

I am grateful to the Secretary of State for giving way again. The premise of his argument and some of the arguments we have heard from Members on those Benches, which are sometimes extremely condescending to victims who have been going through this for many decades, is that people will come forward with the truth if we grant immunity. Well, there is one glaring example that proves that is totally wrong. During the Bloody Sunday inquiry, the soldiers were granted immunity within the context of the inquiry. One after another, they lied through their teeth, and that has been proven by an international public inquiry. With the disappeared, again, IRA people were provided immunity within the context of the organisation that was looking to find those bodies, and we still have bodies out there that have not been found because those people did not come forward and tell the truth even when they were granted immunity.

The lie that is being used to sell this Bill is just that: a lie. It is patently untrue and it will not do anything to give people the truth and justice they desire.

[Chris Heaton-Harris]

The hon. Gentleman characterises it completely incorrectly. There are no guarantees that the Bill will bring information forward but, as I tried to outline, very little new information has come to light that has led to new cases. Very few people have been able to receive justice. He mentions the point that, in the past, some people might have misled a judge-led inquiry. Well, that is perjury, and perjury is now part of this Bill. The Bill has changed a huge amount over the past year, and it is worthy of support.

[Stephen Farry (North Down) (Alliance)]

This may well be our last chance to discuss the Bill in this Chamber. May I ask the Secretary of State to reflect on the fact that virtually every independent human rights expert including, most notably, the Northern Ireland Human Rights Commission, which has statutory functions, does not believe that the Bill is human rights compliant? Even Sir Declan Morgan, who has been appointed to head up the ICRIR, could not give a categorical answer to that question in a recent newspaper interview. Indeed, it is anticipated that a whole series of cases will need to be brought forward to clear up the issues around human rights compliance.

[Chris Heaton-Harris]

I understand that point and, again, that is the purpose of all the amendments we have made. The hon. Gentleman will know that I was not comfortable with the Bill that I inherited because, as there would be a gap in investigations, I did not believe it could be article 2 compliant. Amendments have been introduced that completely change that and I believe that the Bill is now compliant, but that will undoubtedly be tested. Only when it is tested and the results come forward can anybody actually say that the Bill is article 2 compliant, as Government lawyers truly believe it is.

[Claire Hanna]

The Secretary of State was unhappy with the Bill he inherited, which is the context of the amendments and changes that have been made to this Bill. Has he consulted with the chief commissioner-designate on the Lords amendments he is rejecting today? If the chief commissioner-designate was consulted, did he agree to reject the amendments?

[Chris Heaton-Harris]

I determined not to speak to the chief commissioner-designate, so that I could maintain his independence when the Bill is enacted.

[Jim Shannon]

In several of the Secretary of State’s answers to questions from Opposition Members, he has said, “If there is extra evidence”. Has he or the British Government had the opportunity to speak to the Irish Republic Government about their role? I believe the Irish Republic Government, through the Garda Síochána, have an evidence base on the murders that were carried out by the IRA along the border. I am very conscious of Chief Superintendent Harry Breen and Bob Buchanan in 1989, Lexie Cummings in 1982 and Ian Sproule in 1991. The people who did that escaped across the border, and the Garda Síochána has indicated—

[Mr Speaker]

Order. I am very conscious of time. You are down to speak, and you have made your speech already. Other people need to get in. This is a very important issue, and I want to make sure that people can make their speeches.

[Chris Heaton-Harris]

Forgive me, Mr Speaker; I was trying to take as many interventions as possible.

[Mr Speaker]

I know. We all know that Mr Shannon is very good, but it is the amount of time. Interventions have to be short and punchy, not speeches. He is going to make a speech later.

[Chris Heaton-Harris]

I can assure the hon. Member for Strangford (Jim Shannon) that I have been speaking to the Irish Government about elements of what he mentioned.

The commission will grant immunity from prosecution only if an individual provides an account that is true to the best of their knowledge and belief. We have developed a robust test for immunity, in which their account must be tested against any information that the commission holds. If an individual does not provide a truthful account of their actions that could be passed to families, or if they do not participate in the immunity process at all, immunity will not be granted and they would remain liable to prosecution should evidence exist. Where a prosecution takes place, and should a conviction be secured, an individual will not be eligible for the early release scheme under the Northern Ireland (Sentences) Act 1998. Again, that is a result of amendments made in this House.

Similarly, although I acknowledge the sentiment behind introducing licence conditions under Lords amendment 44E, I respectfully suggest that the Government have sought to address these issues through amendments that were adopted on Report in the other place. These amendments send a clear message that, once immunity is granted, individuals who are convicted of offences that could impede reconciliation will lose that immunity. In the Government’s view, this approach strikes the right balance between providing sufficient certainty as to the effect of a grant of immunity necessary to encourage participation and ensuring that there are appropriate consequences for those whose behaviour after being granted immunity is not compatible with the fundamental aims of the Bill.

The alternative proposed by the Opposition would not support an effective information recovery process, and I therefore ask that the House joins me in disagreeing to amendments 44D, 44E, 44F, 44G, 44H and 44J.

[Mr Speaker]

I call the shadow Secretary of State.

--- Later in debate ---

[Jim Shannon]

I thank my hon. Friend for raising that matter. He has clearly outlined an evidential base, which has to be part of this process. Unfortunately, though, with this Bill that process does not continue in the way that we hoped it would.

I wish very quickly to speak to the Lords amendments. They have established minimum criminal justice standards for a “review” along the lines of Operation Kenova. The amendments would require the Secretary of State to make regulations prescribing the standards to which reviews by the Independent Commission for Reconciliation & Information Recovery are carried out, including what measures should be used to ensure that reviews comply sufficiently with the obligations under the European convention on human rights. The shadow Secretary of State, whom I welcome to his place, referred to that specifically in his contribution. I was very encouraged by his comments here today—I think we all were—and look forward to constructive engagement with him as we move forward. What is also covered is whether as much information as possible should be gathered by reviews in relation to death or harmful conduct, and whether all evidential opportunities should be explored by reviews. Victims must be consulted, and regulations can be changed if reviews are conducted in a way not envisaged.

That is what the Lords amendments were hoping to achieve. It is disappointing to me personally and to all of us who represent Northern Ireland that that has not been fully considered by the Government. It is regrettable that the Government have resisted efforts to embed minimum criminal justice standards at the heart of how the ICRIR conducts reviews. They seem intent not only on narrowing the legal routes, but weakening investigative standards in those aspects that remain. It is hard not to reach the conclusion that the distinction made between “review” and “investigation” in the context of the Bill is more about drawing a line under the past with minimal fuss in the shortest timeframe possible, than about actually securing the answers and information that the victims and their families deserve and crave.

In conclusion, it grieves me to stand against the Government on these issues, but, on behalf of the victims, I wish to say very clearly that those in the Public Gallery today expect to see all those who perpetrated and carried out crimes to be held accountable. That is not happening. The unfortunate thing for all of us here—those in the Public Gallery who have lost loved ones, we in this Chamber who have lost loved ones and for all of us who represent Northern Ireland—is that this is a retrograde step. It extinguishes very clearly the hope for justice that we all want for those people who lost their lives to the troubles.

[Chris Heaton-Harris]

With the leave of the House, I will answer a couple of the points that have been raised. I am grateful to all hon. Members for their contributions in the debate today. I know that the time that I have is relatively short, so I shall try to keep to it.

As the hon. Member for Strangford (Jim Shannon) was just speaking I was reminded of a question that I received from my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) in the second but last Northern Ireland Office questions. She was approached by a constituent who was after information about what had happened to one of their loved ones. So there are people out there who will try to find, and do find, information about their loved one if it can possibly be done. The fact is that if people do not co-operate, they will not be granted immunity and therefore they will remain liable to prosecution, and that will mean using all the police powers at the new body’s disposal. The Government’s position is that we still feel that the prospect of successful prosecutions is increasingly unlikely, but, none the less, that prospect remains.

--- Later in debate ---

[Mr Gregory Campbell (East Londonderry) (DUP)]

The Secretary of State is outlining the difficulty surrounding this entire process. Given the convoluted, protracted nature of this for such a long time and given what inevitably will happen when this passes as it will, it will end up in the High Court. Does he understand that this will be an entirely convoluted, academic process that will end up nowhere?

[Chris Heaton-Harris]

I am afraid that I do not.

I was saying that a number of valiant attempts have been made to address this issue since the Belfast/Good Friday agreement. As I have reminded the House in the past, in one debate that I attended with some of the women who were behind the Good Friday agreement, one was asked what was her biggest regret about the time. The regret was that nothing was done for victims.

A number of these attempts were undertaken when the right hon. Member for Leeds Central was a Minister in Government. Indeed, I slightly worry about his brilliant academic mind and his recall for any of our future exchanges, but I know that he will remember all too well the difficulties and complexities involved in these issues. None the less, it is incumbent on us to ensure that any process for dealing with the past focuses on measures that can deliver positive outcomes for as many of those directly affected by the troubles as possible.

That comes—it really does—with finely balanced political and moral choices, including a conditional immunity process, which I acknowledge is difficult for very many, but we must be honest about what we can realistically deliver for people in circumstances where the prospects of achieving justice in the traditional sense are so vanishingly small. That is why the Government are unable to support the Opposition and will be disagreeing to Lords amendments 44D, 44E, 44F, 44G, 44H and 44J.

I will close my comments by recognising that the right hon. Member for Leeds Central has come to this debate with a fresh pair of eyes. Quite understandably, he has not had much more than 48 hours to go through what is a very detailed piece of legislation, but I know that he has followed these debates in great detail from the Back Benches. I know that in due course he will look at this and reach his own conclusions. I encourage him when doing so to reflect on the immense difficulty of this task, and to consider how the Government have genuinely sought to strengthen the legislation with encouragement from his party. He may also want to consider the toughest of all questions: if not this Bill, then what? I hope that upon Royal Assent the Opposition will engage constructively with the chief commissioner to help to ensure that the new commission can deliver the better outcomes for all those affected by the troubles that everyone across this House would like to achieve.

Question put.

Police Service of Northern Ireland: Security and Data Protection Breach

Chris Heaton-Harris Excerpts

Monday 4th September 2023 Commons Chamber

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the breach of security and data protection at the Police Service of Northern Ireland.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I thank the right hon. Gentleman for his urgent question. As you know, Mr Speaker, I was keen to do a statement on the Police Service of Northern Ireland’s data breach on 8 August, so I am pleased to have this opportunity. I am also happy to provide an update to the House on this matter. However, since writing this answer, and as the right hon. Gentleman will know, news of the PSNI’s Chief Constable’s resignation has broken over the past few minutes. I thank Simon Byrne for his years of public service. The right hon. Gentleman will know that the appointment of a new Chief Constable is a matter for the Northern Ireland Policing Board, and I will continue to liaise with the senior management team of PSNI while the process of appointing a successor gets under way. The PSNI continues to have my and the Government’s full support in responding to the data breach, and we are focused on providing appropriate and proportionate data and expertise.

The breach, where the personal information of more than 10,000 officers and staff was accidentally published in what appears to be a human error involving a number of spreadsheet fields, happened on 8 August. Not realising that the relevant document contained a hidden table, the initials and surnames of every rank and grade, the location where an individual was based—but not their home address—and their duty type were published online for approximately three hours. The data breach is deeply concerning and significant. Recent events in Northern Ireland, including the terrible attack on Detective Chief Inspector John Caldwell, show that there is still a small minority in Northern Ireland who wish to cause harm to PSNI officers and staff in Northern Ireland. I take this opportunity to thank all those individuals who work to keep the people of Northern Ireland safe. They have my many thanks, and we all owe them our gratitude.

I recognise, too, that there is significant concern about the consequences of this data breach. Many PSNI officers and staff have raised concerns about themselves and their families, and they have my support and understanding as they go about their important work, keeping communities safe in these worrying and most testing of circumstances. To them, I again say thank you.

In response to these concerns, the PSNI and wider security partners are taking appropriate action and are working around the clock to investigate the incident, provide reassurance and mitigate any risk to the safety and security of officers and staff. As of 30 August, 3,954 self-referrals have been made to the PSNI’s emergency threat management group. That is part of the welfare and support services that have been made available to PSNI officers.

The House will understand that the PSNI is devolved and has operational independence. That has been the case since April 2010 with the creation of the Department of Justice. However, as the House would expect, the Government have remained in close contact with the PSNI since this breach and other data breaches came to light. My officials and I have been receiving regular updates and the Government’s focus has been on providing specialist support and expertise to the PSNI in its handling of this issue. Officials in the Cabinet Office have chaired—[Interruption.] I will finish in a second, Mr Speaker. Officials in the Cabinet Office have chaired regular meetings, and I will update the House further, hopefully during this urgent question.

[Sir Jeffrey M. Donaldson]

Thank you, Mr Speaker, for the opportunity to raise the plight of police officers and staff in Northern Ireland. The industrial-scale breach in data last month was yet another self-inflicted blow to the morale of the police service, as well as to confidence in policing across Northern Ireland. For the rank and file, and for the staff working in our police stations, for their personal details to be released into the public domain and to find their way into the hands of dissident republicans is unforgivable.

The current terrorist threat level in Northern Ireland is “severe.” Just a few months ago, Detective Chief Inspector John Caldwell was barbarically attacked by gunmen in front of his young son after coaching an under-15s football team near Omagh. Now, each one of his colleagues must come to terms with the fact that they and their families have potentially been placed in harm’s way by the release of this data.

It goes further than that. Last week’s ruling by Mr Justice Scoffield found that the PSNI’s senior command unlawfully disciplined two of its own officers in order to appease Sinn Féin. These actions are hugely damaging to community relations, to community confidence and to confidence in the rule of law in Northern Ireland. Fair and even-handed policing is just as foundational to progress in Northern Ireland as is fully functioning political institutions operating on a cross-community consensus basis. We therefore need to hear from the Government that they will ensure that the necessary resources are available to the police—notwithstanding budgetary constraints—so that police officers, their families and police staff are properly protected against terrorist attack.

Furthermore, the Democratic Unionist party welcomes the decision by the chief constable to announce his resignation. We believe that is the right thing to do in all the circumstances. Now we want to see confidence rebuilt in our police service, and we will work with the PSNI—it has our full support—to achieve and deliver effective and efficient policing for everyone in Northern Ireland in a way that commands cross-community support.

--- Later in debate ---

[Chris Heaton-Harris]

I thank the right hon. Gentleman again for the urgent question and for the various questions he has posed. Officials in the Cabinet Office have chaired regular operational meetings—initially daily—bringing together the PSNI, Government Departments and our world-class security services to ensure that all their collective skills, including cyber-expertise, have been brought to bear in supporting the PSNI on the breach.

You will appreciate, Mr Speaker, that given your ruling on sub judice and for security reasons, I cannot comment on specific details of the response, but six individuals have been arrested by detectives investigating the breach and the criminality connected to it. Five have been released on bail to allow for further police inquiries and one has been charged with possessing documents or records likely to be useful to terrorists, and another item.

The right hon. Gentleman mentioned money. The response to such a significant breach will obviously come with a cost. The UK Government are clear that security is paramount, and the focus remains on support and expertise at this point. With Northern Ireland’s policing being devolved, it is for the Department of Justice to set its budget and ensure it can fulfil its duties and responsibilities, but it still remains a fundamental responsibility of the Executive—in their absence, Northern Ireland Departments—to run a balanced and sustainable budget. Where additional funding is required, the correct process, which includes a whole host of different things, must be followed. However, I completely understand the right hon. Gentleman’s point.

[Theresa Villiers (Chipping Barnet) (Con)]

This whole episode is agonising. I want to put on record my support and sympathy for all those brave men and women of the PSNI who fear for their security and that of their families as a result. I urge the Secretary of State to do everything possible with the PSNI to ensure that documents of this sensitivity are subject to sufficient protection so that a mistake of this sort can never ever be made again.

[Chris Heaton-Harris]

I think that the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) referred to it in his question as a “self-inflicted” wound, and it surely was. To be frank, checks and balances should have been in place. I completely agree with my right hon. Friend, and we will do what we can to assist the PSNI and the Department of Justice, as she would expect. We keep abreast of these matters, as I hope I detailed in my answers, but this is a really significant breach. As one police officer put it to me, “When I joined the police service, I used to think when I went to work that maybe people knew what I did for a living, but now that has completely flipped—I feel that they absolutely know what I do for a living.” That has changed the psychology around the whole piece. I know that a lot more assurances need to be given for us to get to the place that my right hon. Friend wishes to get to.

[Mr Speaker]

I welcome the new shadow Secretary of State.

[Hilary Benn (Leeds Central) (Lab)]

May I say that I look forward to working with the Secretary of State in the interests of peace, prosperity and progress in Northern Ireland?

The release of the names and workplaces of thousands of PSNI officers and staff was doubtless inadvertent, but its consequences could not be more serious. That has now been recognised by the chief constable, Simon Byrne, who is resigning—I join the Secretary of State in thanking him for his service. Those who serve in the PSNI confront great risks every day in their job to keep the public safe, and we thank them. But they already knew that dissident republicans were targeting them and their families, and now they know that those who would do them harm have this list. The damage to morale and confidence should not be underestimated. They are asking urgently, “What will be done to reassure and protect us?”

Does the Secretary of State agree that the inquiry needs to be completed as quickly as possible? Can he confirm that he will approve the appointment of the new chief constable in the absence of a Justice Minister in Northern Ireland? Does he intend to review the operation of the Northern Ireland Policing Board and how it functions? Does he recognise that there will be additional costs in protecting staff, as well as responding to potential civil claims? There were already great pressures on the Northern Ireland policing budget, and the cuts it now faces will, in the words of the PSNI, leave the service “smaller…less visible, less accessible and less responsive”.

Finally, the whole House wants to ensure that the staff get the support, protection and reassurance they need, but to succeed in doing that we need leadership from the Government and the political parties in Northern Ireland, to get the Assembly and the Executive up and running again as quickly as possible.

[Chris Heaton-Harris]

I welcome the right hon. Gentleman to his place and look forward to working with him. As I mentioned outside the Chamber, I will happily brief him on any aspects and will arrange technical briefings from my officials so that he can be brought up to speed quickly. I would like to put on record my thanks to the former shadow Secretary of State, the hon. Member for Hove (Peter Kyle), who is present, for the way he went about his business and for the very co-operative way we dealt with business. I appreciate it and wish him well as we move forward.

The right hon. Gentleman asked about the inquiry. Yes, it needs to be expedited. A timetable has been set up by the Policing Board, which is independent, and I believe that it reports in three months’ time. It is quite a fundamental inquiry, and I hope in that time it will be able to bring all the answers required to the table. He asked about the appointment of a future chief constable; if the institutions of the Executive and the Minister for Justice are not present, we will have to pass secondary legislation in this place to allow that to happen. All that depends on the Policing Board going about its business and recruitment—I believe that is very much a rubber stamp of its work.

The right hon. Gentleman asked about the Policing Board and reform. I spoke to a number of board members before the resignation of the chief constable, and they all know that the spotlight is on them and how they deal with this. I would like to wait and see how they discharge their duties over the course of the next few weeks before I commit to reform, because there are good people there who have the ability to do the job.

Finally, on the budget, which I mentioned in my answer, the right hon. Gentleman forgot to mention that the Information Commissioner will come out with a decent fine for the data breach. We will have to take a whole host of things into account. As and when they materialise, we will look at them.

[Shailesh Vara (North West Cambridgeshire) (Con)]

The Secretary of State mentioned the independence of the PSNI, and that funding issues lie with the Department of Justice and the Northern Ireland Executive, but may I press him on this issue? Will he use his considerable influence to ensure that the safety of all people is first and foremost, and not the cost? It is important that the influence he has is exerted to its fullest, because these are good people who find themselves in a very, very difficult position through no fault of their own.

[Chris Heaton-Harris]

I like to feel that I have considerable influence in Government, but I am not sure that is completely correct. However, I will use the influence I have to do the right thing by all those who work for the PSNI. All sorts of issues have come up over the past 25 years and since policing was devolved, but policing in Northern Ireland certainly seems to look and feel better, and it is beginning to get good outcomes for those who are being policed. I can only praise the officers and say that I will do everything in their support.

[Mr Speaker]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

I join the Secretary of State in offering my thanks to Simon Byrne for his service. I believe his decision today, however, is the right one. This represented a shocking breach of confidentiality not just in relation to people’s personal data, but a shocking breach in the confidence that PSNI officers and staff can have in the organisation. I pay tribute to the dedicated PSNI officers and staff who daily protect and serve the people of Northern Ireland.

The PSNI, as has been alluded to, is already suffering a crisis of funding and therefore resourcing. The officer complement is lower than it has been in the police service serving Northern Ireland than at any point since 1979. The UK Government pay £30 million a year in additional funding to meet the security challenge, but that funding was inadequate even before the breach and is surely even more inadequate now. Will the Secretary of State be a little clearer on exactly how he will give funding guarantees to the PSNI going forward, because I do not believe this is something where the buck can be passed entirely to those who are currently charged with administering devolved budgets?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question. He talks about the additional security funding that the Government put in. The UK Government’s contribution to the financial year 2022-23 is £32 million in this space. The cost implications of the PSNI response are rightly being discussed with the Department of Justice. Any additional asks for funding would come through an established process. While it would not be right for me to pre-empt that, the Government are clear that security is paramount. Our focus remains currently on the asks that have been made of us, which are to provide specialist support and expertise in response to the latest assessment.

[Julian Smith (Skipton and Ripon) (Con)]

PSNI officers face significant physical risks, but they also face significant reputational and relationship risk when they are revealed to be members of the PSNI. The Catholic Police Officers Guild and the Police Federation for Northern Ireland have done brilliant work over the past few weeks. Will the Secretary of State confirm that he is engaging with those organisations as the Government seek to support the impact of the breach?

[Chris Heaton-Harris]

I have not yet spoken to the Catholic Police Officers Guild personally, but my officials have done so on a number of occasions and I am very happy to do so. Initially, we were receiving high-level briefings from the chief constable and his senior management team, and, as I mentioned, the Cabinet Office committee that was set up was receiving and imparting information at an officer level. We are at the beginning of the process, so there is still a very long way to go. The PSNI will have to reflect on today’s news of the chief constable’s resignation. There is a lot more for the Government and the Secretary of State to do in this space, and I fully recognise that.

[Colum Eastwood (Foyle) (SDLP)]

I think that Simon Byrne has made absolutely the right decision in resigning today, given everything that has happened in recent weeks. However, there is a much deeper and more significant problem than just one individual, and it is one about which we have been warning for years: the real crisis in the recruitment and retention of Catholic PSNI officers and staff. Does the Secretary of State agree that the best way of dealing with that crisis is to bring back 50:50 recruitment?

[Chris Heaton-Harris]

During a conversation I had with the hon. Gentleman last week, he talked about the Patten reforms and 50:50 recruitment, and said it had been a backward step to depart from that point. I am a great believer in the original principle of policing, in Peelism, whereby a police force reflects the community that it polices. That is how it gains its confidence. I may be mistaken, but I think I was briefed recently that there had been good levels of recruitment to the PSNI from Catholic communities, but situations such as the one we are discussing today damage the prospects of that continuing, and it is our job—the job of all of us—to ensure that that does not happen.

[Sir Robert Buckland (South Swindon) (Con)]

If anyone was in any doubt about the particularly difficult and sensitive role played by police officers in Northern Ireland, they should not be in any doubt now following this appalling incident. Has my right hon. Friend been satisfied thus far that within the PSNI, suitable measures have already been taken to ensure that freedom of information and subject access requests are dealt with by people of sufficient seniority, and that there is vetting and double-checking of information before it is disclosed into the public domain?

[Chris Heaton-Harris]

I thank my right hon. and learned Friend for his wise question, and I can give him that assurance. The processes behind the issuing of freedom of information answers have been very well checked and will, I am sure, be checked and checked and checked again—and, I believe, simplified, with much more senior eyes making sure that information goes out correctly.

[Karin Smyth (Bristol South) (Lab)]

I was in Northern Ireland during the week after the breach, and the fact that officers continued to go out and go about their duties is a testament to them and their service. However, it is unacceptable that the job they do remains a secret from many people, and that we somehow think this is normal in Northern Ireland 25 years after the peace process; it would not be normal in any other part of the United Kingdom, or in Ireland. What is the Secretary of State doing with the co-guarantors of the peace process, the Irish Government, and those in the field more widely to deal with what is now clearly a crisis?

[Chris Heaton-Harris]

I personally agree entirely with the first part of what the hon. Lady has said. Policing should be much more normalised in Northern Ireland, as, indeed, life should be. However, there is an interesting, rich and troubled history in Northern Ireland that has led us to where we are now. What the Chief Constable did in introducing community policing means that the hon. Lady will be able to walk around all sorts of places and have the sense of a much more normal policing experience.

I have had conversations with my Irish counterparts, although this is very much an issue that rests with the UK Government, but everyone is interested in how freedom of information requests are now dealt with.

[Stephen Farry (North Down) (Alliance)]

I, too, thank Simon Byrne for his service, and join others in recognising that in the current circumstances he made the right decision in resigning, given that his position was no longer tenable. On the issue of the data breach, can the Secretary of State assure the House that money will be no obstacle in the short run when it comes to the relocation of any officer? There will be people, particularly those from a Catholic nationalist background who are operating in intelligence and highly sensitive security roles, who are particularly exposed, alongside everyone else who is at risk. Can the Secretary of State assure us that there will be no barriers to ensuring their safety, which is paramount?

[Chris Heaton-Harris]

I must be careful about how I answer that question, because it relates very much to security matters, but I think I can say that the hon. Gentleman is correct in assuming what he assumes.

[Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

I am heartened by the Secretary of State’s commitment to money and support for his officers, although money cannot put this right. Ministers come and go, as do Governments, so will he also commit himself to giving regular and confidential updates to, perhaps, the Intelligence and Security Committee or the Northern Ireland Affairs Committee on the ongoing costs? There is a danger that while there is a long-term risk for officers, short-term Government thinking can mean that support of this kind can wither on the vine.

--- Later in debate ---

[Chris Heaton-Harris]

I will happily find out the appropriate way of reporting, as the hon. Lady suggests. As I have said, I think this is going to have a very long tail, so the ramifications as it plays out will ripple through the system for a very long time indeed.

[Gavin Robinson (Belfast East) (DUP)]

On behalf of my colleagues, I welcome the new shadow Secretary of State to his place. I look forward to working with him. I also thank his predecessor for all his efforts to engage with us.

It is important to correct a number of inaccuracies in the Secretary of State’s response. There was no hidden table but, as is common with Excel spreadsheets, there was more than one field. There was human error, but there were five levels of security to assess what was going out, all of which failed. That speaks to systemic failure within the PSNI. I welcome the resignation of the Chief Constable this afternoon and I think it is important that collectively—politically and in society—we all work together. I hope the Secretary of State will support us in this to instil confidence again in the Police Service of Northern Ireland.

[Chris Heaton-Harris]

I did not know that the hon. Gentleman was such an expert in Excel. I am certainly not, so I am happy to be corrected by him on the detail of that, but I think my statement was pretty thorough and I agree with what he says.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

As some Members will know, my wife comes from County Armagh. We got married at the height of the troubles—the bombings and the shootings—and it sent a chill down my spine when I read of this leak. First, the hon. Member for Foyle (Colum Eastwood) has referred to the difficulty of recruiting to the Police Service of Northern Ireland, and this will only make it worse. Secondly, it will not do much for our relationship with the police in the Republic of Ireland. The danger is that we just say that this is a matter for the PSNI and take a view from across the Irish sea, but Northern Ireland is a constituent part of the United Kingdom and I hope that a United Kingdom solution will be sought involving police forces on this side of the Irish sea and, if necessary, the UK’s intelligence services to find out what happened.

[Chris Heaton-Harris]

The hon. Gentleman is absolutely correct. That is why I detailed the meetings of officials in the Cabinet Office, who have chaired a large number of regular operational meetings bringing together the PSNI, Government Departments and world-class cyber-security experts to ensure that all our collective skills across the Union are galvanised in this space.

[Sammy Wilson (East Antrim) (DUP)]

I welcome the resignation of the Chief Constable. It is a pity it took so long. I think he saw that the writing was on the wall when he knew a motion was going to the Policing Board calling for his resignation, and so he should. He has lost the confidence of officers, not just because of this data breach but because he was prepared to throw two junior officers to the wolves in order to placate Sinn Féin, and it is right that he should go.

The Secretary of State has been a bit confusing in his answers about money. He says that he recognises there will be considerable expenditure involving the Information Commissioner, mitigation measures, the relocation of officers and so on. On one hand, he says that this will have to come from the Justice Department budget, but on the other hand, he seems to indicate that the Government recognise that there will be additional expenditure for the police. Given that the police are already 600 officers under strength, will he give a commitment that any additional costs as a result of this will not have to come from the existing overstretched budget?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his question. I hope he will forgive me for pushing back slightly, but I think I have been particularly clear on this, and all of this could be solved much more easily if there were an Executive in place. I very much hope that that happens.

[Claire Hanna (Belfast South) (SDLP)]

The last few weeks have been hugely damaging to hard-won progress in our still fragile society. Ordinary officers are feeling vulnerable and demoralised, and we are thinking of them and also of the families of the victims of the Sean Graham murders, who have been thrust into a political row that they did not seek due to a heavy-handed response. In the interests of officer morale and impartial policing, it is important that we know, following that Ormeau Road incident, who in the Northern Ireland Office spoke to the Chief Constable and, when the issue came up of Sinn Féin withdrawing from the Policing Board, what the NIO said to the Chief Constable.

[Chris Heaton-Harris]

If the hon. Lady would kindly nod to indicate whether she means in the last couple of weeks—[Interruption.] I am afraid I will have to come back to her with that answer, if I may, because I do not have those details.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for his response.

Ever mindful that this is a practical, physical issue for my constituents, will the Secretary of State outline what additional support and help is to be made available to PSNI officers who are under threat and whose families feel unsafe in their homes? Over my 38 years as an elected representative—as a councillor, an Assembly Member and a Member of Parliament—a number of RUC and PSNI officers have come to me in need of assistance after being threatened. That assistance was available fairly urgently. Will the Secretary of State confirm that a budget is available to rehouse, as a priority, those 10,799 police officers and civilian staff who are under threat, taking into consideration those who have moved from one district to another for safety reasons? They feel open and vulnerable to attack, and an apology is simply not enough to allow them to lie safely in their bed at night. What is needed is a practical, physical solution. That is what I am asking for.

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question, and for the way he puts it. We are currently at a stage where officers and staff who have a concern are reporting it to their senior management, and a triage process has been in place. As of 30 August, 3,954 people have self-referred to the emergency threat management group within PSNI.

If the hon. Gentleman will forgive me, I am very wary of mentioning security matters for those at highest risk, so I will not do so. There is a continuing process to make sure PSNI has both the budget and the process available to ensure that extra security measures can be taken, and to ensure there is extra training and conversations to reassure people. It will be a little while before we see much upward pressure on budgets, and I will then happily update the House.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Chris Heaton-Harris Excerpts

Consideration of Lords amendments
Tuesday 18th July 2023 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I beg to move, That this House disagrees with Lords amendment 20.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss:

Government amendments (a) and (b) in lieu of Lords amendment 20.

Lords amendment 44, Government motion to disagree, and Government amendments (a) to (c) to the words so restored to the Bill.

Lords amendments 1 to 19, 21 to 43, 45 to 118 and 120 to 129.

Lords amendment 119, and Government consequential amendment (a) to Lords amendment 119.

[Chris Heaton-Harris]

I am delighted to speak to this Bill following its year-long passage through the other place. I pay tribute to Lord Caine for his expert stewardship of the Bill in that place, as well as to all the Opposition spokespeople for their patience and engagement on the Bill.

Hon. and right hon. Members will know all too well that the legacy of the troubles remains one of the outstanding issues since the Belfast/Good Friday agreement was reached in 1998. As a Government, we have sought to make a realistic assessment of what we can do to best deliver for those affected by the troubles over a quarter of a century after that agreement and well over 50 years since the troubles began. I recognise, and I know the House recognises, that this is a hugely difficult task. That is reflected in the many valiant attempts made to address this issue since the signing of the Belfast/Good Friday agreement all those years ago. It is also incumbent on us to ensure that any process for dealing with the past focuses on measures that can deliver positive outcomes for as many of those directly affected by the troubles as possible, as well as for society in Northern Ireland as a whole. We maintain that the Bill before us is the best way of doing that.

The Bill contains finely balanced political and moral choices that are uncomfortable for many, but we should be honest about what we can realistically deliver for people in Northern Ireland, in circumstances where the prospects of achieving justice in the traditional sense are so vanishingly small. The Bill seeks to deliver an approach that focuses on what can practically be achieved to deliver better outcomes for all those who suffered, including those who served, and it aims to help society look forward together to a more shared future.

The Bill left the House of Commons over a year ago. In that time, my ministerial colleagues and I have held more than 100 meetings with victims groups, veterans groups, Northern Ireland political parties, the Opposition, the Irish Government, academics, US interlocutors and Members of both Houses, in an effort to make meaningful changes to improve the Bill. As a result of that extensive engagement, the Government have brought forward a significant package of amendments that provide greater assurance regarding compliance with our international obligations; enhance the independence of the new Independent Commission for Reconciliation and Information Recovery—I will call that by its catchy nickname, ICRIR, from here on—provide a much greater focus on the interests of victims and families; and strengthen provisions related to the process of granting immunity from prosecution to those who engage meaningfully with the commission, while keeping open the possibility of prosecution for those who fail to do so.

Let me run through the Government’s Lord amendments thematically, as well as our responses to Lords amendments 20 and 44. First there is conditional immunity and incentives to co-operate with the ICRIR. As I said from the outset, the aim of the Bill is to provide more information to more people than is possible under current mechanisms, and we will do that by creating an effective information recovery process. The commission will conduct reviews with the primary purpose of providing answers to those who want them, and will grant immunity from prosecution only if individuals provide an account that is true to the best of their knowledge and belief.

I know that is challenging for many, but conditional immunity is a crucial aspect of the information recovery process. The Government believe it is the best mechanism by which we can generate the greatest volume of information in the quickest possible time, to pass on to families and victims who have been waiting for so long. That is why the Government cannot accept Lords amendment 44, which seeks to remove clause 18 and conditional immunity from the Bill.

As many Members of the House will know, there is a significant precedent regarding limited immunities and amnesties in Northern Ireland and in the Republic of Ireland, following periods of violence. That includes, following the Belfast/Good Friday agreement, an amnesty for the decommissioning of paramilitary weapons, and limited immunity for individuals who share information about the location of victims’ remains. If we look back further, the newly created Irish state legislated three times between 1923 and 1924 for amnesties, dispensing with civil and criminal liability for violence for UK state forces, republicans and Free State forces.

Through Government amendments, we are making the conditional immunity process more robust. That includes amendments to clause 18 in my name, which were agreed in the other place but fell when the clause was removed from the Bill. The commission is already required to consider all relevant information that it holds when forming a view on the truth of a person’s account, as part of their application for immunity, including information obtained through a related review. Through Lords amendment 49, we are strengthening that provision by placing the commission under a positive duty, requiring it to take “reasonable steps” to secure information relevant to that assessment.

The Government are further strengthening the immunity provisions by introducing circumstances under which immunity may be revoked, or may not be granted. I have restored Lords amendment 60, which makes it clear that where a person applying for immunity is subject to an ongoing prosecution, immunity may not be granted if there is a risk that it might prejudice that ongoing prosecution. Through Lords amendment 63 we are creating a new criminal offence for those who wilfully or recklessly choose to mislead the commission when providing information. Individuals who are granted immunity will automatically lose it if they are convicted of such an offence.

[Ian Paisley (North Antrim) (DUP)]

Can the Secretary of State confirm to the House how many ongoing IRA trials are taking place vis-à-vis how many ongoing trials against members of the security services are taking place?

[Chris Heaton-Harris]

I do not have those figures with me, but I will get them from my officials and give them to the hon. Gentleman when, with the leave of the House, I reply to the debate later.

Building on what I was just outlining, Lords amendment 62 ensures that a grant of immunity must be revoked if an individual is subsequently convicted of terrorism offences or offences connected to terrorism committed after the immunity has been granted. That includes offences relating to fundraising, involvement in terrorist fundraising arrangements and the encouragement of terrorism and dissemination of terrorist publications. The offender will also be precluded from obtaining immunity for offences within the scope of the revoked grant.

We are also disapplying the Northern Ireland (Sentences) Act 1998 for future convictions. That means that individuals who choose not to engage fully with the commission and are not granted immunity, but who are subsequently convicted of an offence, will not be able to apply for early release and will be liable to serve a full sentence. I thank my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for raising that issue before the Bill left the Commons this time last year. Alongside that, having listened to suggestions in the debates in this House, we are increasing the financial penalty for non-compliance with the commission from up to £1,000 to up to £5,000, which is in line with the asks during this Bill’s passage.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

The Secretary of State said that it has taken a year for the Bill to go through the House of Lords—I and others campaigned for four years for the Bill even to be introduced in the first place. I fear that some of the Government’s own amendments introduced in the other place have had the effect of swinging the pendulum too far—I admit it is a delicate balance—against our veterans who served in Operation Banner in Northern Ireland. Specifically, the Bill now gives the independent commission extremely wide and latitudinal powers to decide whether a veteran should still be investigated, even despite the Bill’s so-called double-jeopardy provisions. The decision still ultimately lies with the commission. It also has great latitude in deciding whether a veteran has complied with an investigation, which would then allow them immunity. They would not get it if the commission ruled they had not complied. Can the Secretary of State absolutely assure me in his heart of hearts that we are not institutionalising the mechanism for a republican lawyer fest, which would be totally contrary to the whole point of bringing in the Bill in the first place?

--- Later in debate ---

[Chris Heaton-Harris]

I am a great believer in short and honest answers to such questions, and the answer is yes.

I now turn to the conduct of reviews by the commission and, in particular, Lords amendment 20, which establishes minimum standards for reviews conducted by the ICRIR to ensure that conduct is investigated to criminal justice standards, along the lines of Operation Kenova.

[Mr Francois]

Will the Secretary of State give way?

[Mr Francois]

I thank the Secretary of State for that clear answer, but could he just with a couple of sentences pithily explain why he is so confident that he is right?

[Chris Heaton-Harris]

I will turn to elements of this later in my speech, but I referred earlier to the importance of the conditional immunity clause. I think what my right hon. Friend will hear in the course of this debate is how many people think the pendulum has swung in this delicate balance, as he has put it, too far in the opposite direction to the way he believes it has swung.

[Sir Julian Lewis (New Forest East) (Con)]

The Secretary of State will be aware that it was back in April 2017 that the then Defence Committee first recommended drawing a line with a statute of limitations coupled with a truth recovery process. We recognised that the process had to be for everyone or for no one. Does he accept that there is a risk of having overcomplicated the process, and is any remedy likely to be available if, in putting this into practice, it is found that service personnel are not being sufficiently protected for ongoing prosecutions?

[Chris Heaton-Harris]

There is obviously no statute of limitations. The Bill has moved on and, as I said, I would like to think it has been improved a great deal. But it will be an independent body that allows for these things to happen. That is vital both in dealing with the issues of the past, as my right hon. Friend outlined, and in helping all victims perhaps to get some information about the circumstances by which they lost loved ones or others.

[Mrs Natalie Elphicke (Dover) (Con)]

We recently held the memorial concert for the Deal marine musicians who were murdered by the IRA bomb in Deal in 1989. No one has ever been brought to justice for that. Will my right hon. Friend confirm that the process will apply across the whole of the United Kingdom? What information can we hope might come forward that has not already done so in more than 30 years?

[Chris Heaton-Harris]

In answer to my hon. Friend’s first question, I confirm the geographical jurisdiction. On her second question, it rather depends on the evidence that might be held by individuals or organisations. I know that the case she raised has been subject to a number of past investigations, and there is limited information in the public domain.

[Jim Shannon (Strangford) (DUP)]

The Secretary of State mentioned the issue of all the victims. The justice that many victims want is quite clear to me and to others on the Opposition side of the Chamber. I think my hon. Friend the Member for East Londonderry (Mr Campbell) has said that even if there was only a candle of light of a possibility for justice some day, we would all want to see that—I want to see that for all the people I know. The Secretary of State will remember how, last time we spoke on this, I named every one of those people who we really feel justice is not there for. Whenever he talks about justice for all, I do not see it, and my people do not see it. Where is it?

[Chris Heaton-Harris]

It is contained within the Bill and within the independence of the commission, which will be able to conduct criminal investigations when the families ask it to do so. I have met numerous families in my time as Secretary of State for Northern Ireland, and there is a complete range of views as to what people want when it comes to seeking information about what happened to their loved ones. I know, as I mentioned at the top of my speech, that the Bill will not satisfy everybody. However, lots of time has passed—the hon. Gentleman will know that better than most—and there is now a dwindling opportunity for investigations leading to criminal prosecutions. People do need to have information, if it can possibly be found.

[Jim Shannon]

Fifty-one years ago, my cousin Kenneth Smyth was murdered—[Interruption.] Kenneth Smyth was murdered. His friend Daniel McCormick, a Roman Catholic, was also murdered. Fifty-one years later, there is no justice for my family and no justice for Daniel McCormick’s family. And there is no justice for the four Ulster Defence Regiment men murdered in Ballydugan, or for the young lad Stuart Montgomery, also murdered. Our pain is still here; our pain is still raw. Our people grieve; my constituents grieve. The Secretary of State says that they will have justice, but we cannot see justice.

The people who killed my cousin—three of them—ran across the border and got sanctuary in the Republic of Ireland. Two of them are dead and one is still living. There was no justice. Nine people were involved in the murder of those four UDR men, and one of them is dead today—it was in the paper this week—Colum Marks, an IRA commander. He is in hell, burning—the best place for him. Where is the justice for my family and for my constituents? I do not see it. The Secretary of State says we are going to have it. No, we are not. I do not see it at all.

[Chris Heaton-Harris]

First, I completely recognise the emotion with which the hon. Gentleman has expressed his views. He knows that I have met a huge number of people who have reflected with passion on the people they have lost. I cannot put myself in the hon. Gentleman’s shoes—I would not try to—and nor can I right the wrongs of something that happened 51 years ago. The hon. Gentleman’s family have gone without justice or much information for 51 years. He knows that, unlike him, there are families across the piece, some of whom are his constituents, who have not had any information about the circumstances in which they lost loved ones during the course of the troubles.

This Bill is definitely not perfect. But after 51 years, should people choose to use the powers of the independent commission in this legislation, they might just able to get some information that allows them to remember their loved ones in the appropriate way. My heart goes out to the hon. Gentleman. I know that this is an imperfect Bill for him, but it might just work for some others. This piece of legislation is a difficult balancing act.

I was talking about Lords amendment 20, which raises a number of important issues that have been addressed by Government amendments tabled in the other place and for Commons consideration. We cannot accept any amendment that seeks to make every review a criminal investigation. The legislation rightly ensures that the independent commission, via the commissioner for investigations, has the flexibility to determine if and when it is appropriate to utilise police powers during the course of its review.

A one-size-fits-all approach requiring criminal investigation in all cases would remove such flexibility and significantly increase the likely time to complete reviews, further delaying the provision of information for many families. I point to a case raised with me in oral questions only a few weeks ago by my hon. Friend the Member for Wrexham (Sarah Atherton), should anyone not believe that such investigation is useful. Further, in cases where the investigative duty under article 2 or 3 of the convention applies, a criminal investigation may not be sufficient means of discharging that duty. That is because there may have been failings by the state that contributed to a death, but which were not themselves criminal in nature.

Lords amendment 20 also seeks to introduce a reference to compliance with the European convention on human rights. As a public authority, for the purposes of section 6 of the Human Rights Act 1998, the ICRIR and its commissioners are required to be compatible with convention rights within the meaning of the Act when exercising their functions under the Bill. Government Lords amendments 19 and 22 expressly confirm that the commissioner for investigations must comply with obligations imposed by the Human Rights Act when exercising operational control over the conduct of reviews and others functions,.

Lords amendment 20 references gathering as much information as possible and exploring all evidential opportunities. The commissioner for investigations is required to ensure not only that a review is carried out when a valid request is received, but that each review looks into all the circumstances of the death or incident -in question, including but not limited to criminal activity. Furthermore, as I set out, Lords amendment 49 will place the commission under a positive duty to take reasonable steps to secure information for that assessment.

To strengthen further our commitment around the conducting of reviews, I have tabled amendments in lieu of Lords amendment 20, which seek to clarify that the duties of the commissioner for investigations when looking into the circumstances of a death or serious injury apply regardless of whether a criminal investigation forms part of the review. They also place a duty on the chief commissioner to provide, where possible, answers to questions posed as part of a request for a review.

[Mr Francois]

Sinn Féin has always argued that, because in the early years of the troubles fatal shootings by armed forces personnel were investigated by the Royal Military Police, and only after a few years was that transferred to the RUC, those investigations were not article 2 compliant. As the Government have deliberately strengthened the role of article 2, via their own amendments, does that mean in practice that every single fatality prior to 1972 is likely to be reinvestigated in order to be article 2 compliant?

[Chris Heaton-Harris]

No.

Turning now to the role of victims and families—

[Mr Francois]

Sorry, does the Minister want to explain that?

[Chris Heaton-Harris]

I will happily explain a bit later, when I have finished what I am saying.

Turning now to the role of victims and families, through our extensive engagement with stakeholders we have sought to make the Bill more victims-centred. To achieve that, I am placing the commission, when exercising its functions, under a duty to have regard to the general interests of persons affected by troubles-related deaths and serious injury. The Bill will also make it clear that in exercising its functions, the commission’s principal objective is to promote reconciliation. That is a crucial overarching principle that will embed the need to promote reconciliation in everything the ICRIR does when carrying out its work.

The commission will also be placed under a new duty to offer victims and their families the opportunity to submit personal impact statements, setting out how they have been affected by a troubles-related death or serious injury. The statements must be published if the person making the statement so wishes, subject to limited exceptions that ensure no individuals are put at risk and that the Government’s duty to keep people safe and secure is upheld. We tabled the amendment as a direct result of engagement with the Commissioner for Victims and Survivors in Northern Ireland, who maintained it was crucial that victims had a voice in this process. We agree.

The Government fully recognise the need for the commission to have credibility, expertise and legitimacy so that effective investigations can be carried out and information provided to families as soon as possible. On 11 May, I announced the intended appointment of the former Lord Chief Justice of Northern Ireland, Sir Declan Morgan KC, as chief commissioner-designate, having obtained input from the Lord Chief Justices of Northern Ireland, and England and Wales, and the Lord President of the Court of Session in Scotland, all of whom I would like to thank publicly. To allay further concerns around the integrity and independence of the immunity process, the Government’s Lords amendments place a duty on the commission to produce guidance that is related to determining a request for immunity. That will replace the power that previously rested with the Secretary of State for Northern Ireland.

There are also amendments relating to oral history and memorialisation. We are, I am afraid, never going to agree in Northern Ireland on a common narrative about the past, but we can aim to put in place structures to help all in society, including future generations, have a better understanding of the past, with the overarching aim of enabling people to move forwards. Therefore, our memorialisation strategy will seek to build consensus around inclusive new initiatives to commemorate those lost in the troubles and seek to ensure that lessons of the past are not forgotten. I fully understand concerns raised regarding the need to prevent the glorification of terrorism in relation to the memorialisation strategy and other measures in part 4. As a result, we have added an overarching requirement to clause 48 so that designated persons must have regard to the need to ensure that the way in which the troubles-related work programme is carried out promotes reconciliation, anti-sectarianism and non-recurrence.

We also amended the Bill to broaden the requirement to consult the First Minister and Deputy First Minister with a duty to consult organisations that are experienced in reconciliation and anti-sectarianism, and to consult relevant Northern Ireland Departments before deciding on a response to each recommendation in the memorialisation strategy. We added an additional requirement in clause 50 that the Secretary of State must consult organisations that have an expertise in reconciliation and anti-sectarianism before designating persons for the purposes of this part of the Bill.

There are also Government amendments relating to interim custody orders. We have made the amendments in response to concerns raised by Members of both Houses over the 2020 Supreme Court ruling concerning the validity of the interim custody orders made under the troubles-era internment legislation. To be clear, it has always been the Government’s understanding that interim custody orders made by Ministers of the Crown under powers conferred on the Secretary of State were perfectly valid. In order to restore clarity around the legal position and to make sure that no one is inappropriately advantaged by a different interpretation of the law on a technicality, the Government tabled amendments that retrospectively validate all interim custody orders made under article 4 of the Detention of Terrorists (Northern Ireland) Order 1972, as well as paragraph 11 of section 1 of the Northern Ireland (Emergency Provisions) Act 1973. That has the effect of confirming that a person’s detention under an ICO was not unlawful simply because it had been authorised by a junior Minister rather than by the Secretary of State personally.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State has made an important point about the R v. Adams case and the disregarding of the Carltona principle by the Supreme Court in 2020, and he is right to affirm the Government’s view that the signing of warrants by a Minister of the Crown was always a lawful act, but why has this taken three years, and why did the amendments originate from the Back Benches rather than the Government? Is the Secretary of State right to describe them as Government amendments? For a great many people in Northern Ireland who thought that this was a welcome step during Bill’s passage, it came rather late.

[Chris Heaton-Harris]

Well, perhaps it is a case of better late than never. These are Government amendments, but I am the first to admit that amazingly good ideas sometimes emerge from the Back Benches of both Houses of Parliament.

The amendments could also prohibit certain types of legal proceedings—including civil cases, applications for compensation as a result of miscarriages of justice and appeals against conviction, which rely on the 2020 ruling—from being brought or continued. To align with the other prohibitions in the Bill, the continuation of pending claims and appeals in scope would be prohibited immediately from commencement. There is a specific exemption in the Bill for certain types of ongoing criminal appeals, where leave to appeal has already been granted or where there has been a referral by the Criminal Cases Review Commission by the time of the Bill’s commencement. The exception would not allow for the payment of compensation flowing from the reversal of such convictions, and I want to make it clear that the amendment would not lead to the reinstatement of convictions that had already been reversed.

There are other amendments relating to criminal justice outcomes. The Government’s primary focus has always been on establishing one effective legacy body seeking to provide better outcomes for families. We also want to ensure that organisations such as the Police Service of Northern Ireland, the Police Ombudsman for Northern Ireland and the judiciary are able to concentrate their capabilities on more present-day issues.

It remains our view that the independent commission, when established, should be the sole body responsible for troubles-related cases, but we are also mindful of the concerns raised about the ending of the ongoing processes, especially given the current legislative timetable and the expected timeframe for the commission’s becoming fully operational. Our amendments would therefore ensure that ongoing criminal investigations, ombudsman investigations, the consideration of prosecution decisions, coronial inquests, and the publication of reports will continue until 1 May 2024, when the commission will become fully operational. We hope that the additional time provided will allow such cases to conclude their work, while ensuring a smooth transition between the ending of the current mechanisms and the commission’s taking on full responsibility for outstanding legacy cases.

[Stephen Farry (North Down) (Alliance)]

Does the Secretary of State recognise the huge concern felt by families who do not think it is practical to expect all inquests to be completed by next spring? Some have not even begun, and it is feared that a two-tier approach will emerge. Owing to a number of factors, some cases scheduled by the former Lord Chief Justice will have started and may well finish, while others have not even had a chance to start. Notwithstanding what the Secretary of State has said, people do not believe that the new process will have the rigour of an inquest.

[Chris Heaton-Harris]

Our amendment provides until 1 May 2024 for inquests to conclude. Since the Bill’s introduction, expeditious case management of inquests in order to reach “an advanced stage” has resulted in the overloading of a system that was already struggling under incredible pressure, causing delay and frustration. We hope that the amendment will ensure that resources will now be focused on completing those inquests that have a realistic prospect of conclusion in the next year. The Government expect troubles-related cases that do not conclude via the coronial process by 1 May 2024 to be transferred to the fully operational ICRIR, led by Sir Declan Morgan as chief commissioner-designate, through the use of provisions already contained in the Bill, and I believe that those provisions will allow him to maintain the relevant level of investigation.

[Ian Paisley]

The Secretary of State is very kind and generous to give way. Before he concludes, would he care to mention any response to the Irish Government threat that they intend to take His Majesty’s Government to court on these matters? How does he view that threat, and what has been the response back to the Irish Government, given their own dire record of dealing with legacy?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question. There have been a number of quite forthright conversations between the Taoiseach, the Tanaiste and myself on this matter. Obviously anything could be tested in legal action as we move forward, but I believe that the Bill is article 2-compliant. I do not see that as negative, because there are five elements to article 2 compliance—independence, capability of leading to the identification and punishment of perpetrators, prompt and reasonably expeditious, involvement of next of kin, and a degree of public scrutiny, which I think are all included in this. So I think we are in a strong place to resist any such potential charges, and I would like to think that means that we can happily move on together.

[Mr Francois]

I have been waiting patiently for the Secretary of State to answer the question that I asked him earlier about the interrelationship between article 2 and pre-1972 investigations. I am sure he meant to answer the question before he sat down. He has very few bits of paper left. Could he now please give a direct answer to my question about the interrelationship between the two?

[Chris Heaton-Harris]

I think my hon. Friend will remember that I gave him a direct answer and he wanted something that was a bit longer. I have just given him something that is a bit longer that identified why there is article 2 compliance, and we believe—[Interruption.] I did directly, which I think is the best way of dealing with this.

[Mr Francois]

It does not answer my question.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order.

[Chris Heaton-Harris]

The ICRIR has always, as a public body, needed to comply with all its duties under the Human Rights Act. We have made it clearer, on the face of the Bill, that the commissioner for investigations must comply with those duties when carrying out their reviews. It is a very straightforward—it generally is a straightforward—answer to a straightforward question, and I hope that my hon. Friend, when he reads Hansard, will see that his questions have been answered threefold in what I have said.

[Mr Francois]

No they have not.

[Chris Heaton-Harris]

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 (Hove) (Lab)]

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.

--- Later in debate ---

We oppose what the Government are putting forward today. I do it for all the victims I have named, I do it for my constituents and I do it because it is the right thing to do. I am really, really disappointed—I really am. I am very sore and my people are sore about where we are. I think the Secretary of State grasps some of the pain we have—I think he does—but the Bill hurts us deeply, and I must register that.

[Chris Heaton-Harris]

With the leave of the House, I would like to answer a few of the points that have been raised.

First, I recognise the passion, the emotion and the very personal nature of many of the contributions today, including those from the hon. Members for St Helens North (Conor McGinn), for North Antrim (Ian Paisley), for North Down (Stephen Farry), for Upper Bann (Carla Lockhart) and for Strangford (Jim Shannon). As I said, I can never put myself in the shoes of the hon. Member for Strangford and nor would I want to. The question was raised by his party leader, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) about the choice in the Bill between justice and information. I believe the Bill delivers opportunities for both. The ICRIR allows for criminal investigations to take place, but it also allows for information to be gathered for those families who would be happy with just that. One reason for rejecting the amendment about the Kenova-style investigations is the fact that it rules out allowing for the full remit of reviews through to criminal investigations, which I would like to see.

I thank the hon. Member for Belfast East (Gavin Robinson) for acknowledging that the Bill has been improved on its journey. The one thing of which I have no doubt is the principled position taken by him and by his party on the provisions relating to amnesties and immunities. That position has been well stated and has been constant throughout my political lifetime and before, and I completely understand it.

The hon. Member for Foyle (Colum Eastwood) talked about Stormont House. I am not quite as sure as he was that the search for consensus on this subject came together in Stormont House; in fact, I think that that consensus has eluded successive Governments. I seem to recall that one political party in Northern Ireland did not agree with Stormont House from the very start, namely the Ulster Unionists, and I am not entirely sure that all political parties on the Unionist side do so now. There may have been consensus on the principle of the idea, but I am led to believe that when it came to trying to deliver on the agreement, the First and Deputy First Ministers came to what was then Her Majesty’s Government and said, “This is all too difficult to do in Stormont: please do it in Westminster.”

[Colum Eastwood]

That is an interesting take on the matter, given what I remember happening at the time. Yes, the Ulster Unionists had some reservations about the agreement, but all the other parties supported it. It was up to the British Government, along with the Irish Government, to implement it, and it is only because the British Government went off on their own—without the Irish Government—and undermined it by ignoring rather than implementing it that the Bill has ended up in this place. In my strong view, this is where the British Government have always wanted to take things.

[Chris Heaton-Harris]

Let me say to the hon. Gentleman, with the greatest respect, that he has his particular view of what happened following Stormont House, but I believe that history says something a bit different.

Herein lies the issue for us all. It is a question for the party opposite, and it is a question for all Members in this place: if not the Bill, then what? There is no agreement following Stormont House. Families have gone for years, for decades, without answers to what happened to their loved ones, and I believe that the Bill is the right way forward at this point. History has been revisited in many different ways when it comes to how agreements might have worked in the past.

[Stephen Farry]

May I just point out that “New Decade, New Approach”, which was authored by this Government through one of the Secretary of State’s predecessors, contains a specific commitment to implementing Stormont House? As recently as January 2020, it was the explicit policy of the Government to deliver it. It is there, in black and white, in “New Decade, New Approach”.

[Chris Heaton-Harris]

The hon. Gentleman is right, but that became unworkable and impractical because the political consensus simply was not there when it came to legislation.

The hon. Member for Foyle asked what would happen if someone lied to the ICRIR. Well, that person simply would not be granted immunity: he would lose that immunity as a result of the new offence in the Bill.

[Colum Eastwood]

Can the Secretary of State think of any time in history when a murderer lied?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his concise argument, but I can also think of no part of Northern Ireland’s history when we have managed to reach a point at which there is consensus on this issue. I believe that the ICRIR will have the ability both to carry out criminal investigations and to conduct reviews and get information for families, and that must be a step forward.

My right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) asked about article 2. Let me make it clear that the Government amendments go no further than existing obligations under the Human Rights Act 1998, and that, specifically, they do not alter the material or temporal scope of those obligations as they apply to troubles-related cases, including those that he mentioned. I think I answered that in a slightly more concise way when he picked it up.

The hon. Member for Hove (Peter Kyle) mentioned a host of things, but I believe he misrepresented the Bill and a number of things in it. What he said about the perjury aspects of the Bill was straightforwardly wrong. Perjury provisions exist in the Bill. Anyone providing an account to the ICRIR when applying for immunity will have to provide an account that is truthful and if they do not, they will not get immunity.

May I start to conclude my comments by thanking my civil servants for all the work that they have done on the Bill, especially over the course of the past year. I would like to think that everybody recognises the huge amount of work that has gone on.

[Ian Paisley]

Will the Secretary of State give way?

[Chris Heaton-Harris]

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]

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]

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

Chris Heaton-Harris Excerpts

2nd reading
Monday 10th July 2023 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I beg to move, That the Bill be now read a Second time.

In doing so, I once again speak with a strong sense of disappointment. At multiple junctures since becoming Secretary of State last year, I have stood at this Dispatch Box when realistically I should not have been doing so. That sentiment very much applies today, because I believe these decisions should be taken by locally elected politicians.

The Government have brought forward this Bill because the Northern Ireland parties have been unable to form an Executive and subsequently set a budget for this financial year. The Government have therefore been compelled to step in again and set another budget. I set out the headline departmental budget allocations via a written ministerial statement to Parliament on 27 April this year, and this Bill puts those allocations on a statutory footing. We have also published more detailed information in respect of each of the Northern Ireland Departments’ spending plans through the main estimates, which I laid as a Command Paper on 3 July.

Today’s debate is only the Second Reading of this legislation, with the remaining stages due to take place after the summer recess. The summer therefore presents an opportunity for the Northern Ireland parties to come together as a restored Executive and take their own budget legislation through the Assembly, making the remaining stages of the Bill in this place superfluous.

It is no secret that the pressures on Northern Ireland’s public finances are acute. As with the 2022-23 budget, setting this budget was not an easy task, but it was necessary to deliver a balanced budget and provide the Northern Ireland Departments with budget clarity to help get their spending under control. As far as possible, we have aimed to protect frontline public services. In recognition of the pressure on the health service, over half of the total budget is to be spent on health.

Of course, these pressures on Northern Ireland’s finances did not appear overnight. Successive former Executives have failed to make the strategic decisions required to put the public finances on a sustainable footing and make public services affordable. The unsustainability of Northern Ireland’s finances cannot continue. It is fundamentally the responsibility of the Northern Ireland Executive to run a balanced budget, and until they do, the outcomes for citizens will not improve. That is why the Government stand ready to work with a restored Executive on budget sustainability, including the implementation of revenue-raising measures.

[Jim Shannon (Strangford) (DUP)]

Very quickly, in relation to the budget, my hon. Friend the Member for Belfast East (Gavin Robinson) has always referred to the time for the Barnett consequentials to be looked at, and the population of Northern Ireland is up some 200,000 in 10 years, and 100,000 in five years. Does the Secretary of State not agree that it is time to look at the whole budget for Northern Ireland because of the extra population increase and the diverse community we now have? There has to be money in place, but that money has to reflect the demands of our population in Northern Ireland.

[Chris Heaton-Harris]

I thank the hon. Gentleman for his point, and we could consider introducing a needs-based factor into the Barnett formula for Northern Ireland—it would be a similar mechanism to that implemented in Wales—to put Northern Ireland’s public finances on a more sustainable footing. However, the absence of a functioning Executive has an impact on what can be done to address the systemic issues that Northern Ireland faces. Locally accountable leadership is urgently required to ensure that Northern Ireland has a stable and flourishing economy, and to advocate for reform of Northern Ireland’s public finances. To completely answer the hon. Gentleman’s point, negotiations between the Welsh Government and the Treasury on a fiscal framework and Barnett formula adjustments took over seven years. This is not an issue that could be solved overnight, even with the best will in the world.

[Gavin Robinson (Belfast East) (DUP)]

I am very grateful to the Secretary of State for that confirmation that he is at least willing to discuss considering public finances on the basis of need. Of course, the reason why the Holtham Commission process took so long was that it was the first example of the Government having to get their head around need—they had to understand it, and recognise that the public finances should respond to need. Now that the principle is clear, surely he does not believe that it would take as long this time around.

[Chris Heaton-Harris]

I very much hope that no discussion with a future Executive would take seven years to come to any conclusion. In the meantime, we have a responsibility to ensure that public services and the management of public funds can continue. That is why I have commissioned a range of information and advice from the Northern Ireland civil service on potential measures for raising more public revenue and otherwise improving the sustainability of public finances in Northern Ireland that an incoming Executive could consider. That is the UK Government’s first step in supporting the development of revenue-raising measures in Northern Ireland. It will allow us to better understand the challenges of taking this work forward, and support the Northern Ireland civil service in delivering it. The Government have for many years recognised the unique challenges that Northern Ireland faces. We have provided around £7 billion in extra funding to Northern Ireland since 2014, on top of the Barnett-based block grant.

I am grateful to officials in the Northern Ireland civil service for keeping public services running until an Executive are in place. The Government will continue to support the Northern Ireland civil service where we can, but it is important to note that responsibility for the difficult spending decisions flowing from this budget will ultimately continue to rest with the Northern Ireland Departments in the absence of an Executive. I do not want that to happen, and I encourage the people of Northern Ireland to urge their locally elected politicians to return to Stormont, so that decisions can be taken by those who were democratically elected to do that. As I say, the difficulties that Northern Ireland Departments face are a result of tough decisions not having been taken by elected representatives in Northern Ireland, not just this year, but over successive years. Funding alone will not solve the issues; that will require strong, responsible leadership, backed by a stable, devolved Government. We need the Executive back, so that they can progress much-needed and long-promised public service transformation.

Like others, I welcome the parties’ ongoing discussions with the head of the Northern Ireland civil service. There is a great deal of work going on behind the scenes about what a plan for government, and a budget for government, would look like, and how critical issues will be addressed when the Executive come back—issues such as budget sustainability and better, more efficient public services, which should be everyone’s priority. However, the head of the Northern Ireland civil service has written to me to say that things now need to become more political. In a way, I agree, but if that is to happen, all the parties must confront hard choices and ensure stability, rather than regular political crisis.

We must restore confidence in the institutions and show the people of Northern Ireland and the world what good devolved government looks like. I look forward to speaking with all the party leaders in the coming weeks, and receiving their proposals for the budget and a programme for government.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

As one of those leaders, may I be absolutely clear? My objective is to ensure that we get solid foundations for the restoration of our devolved Government, and that we do not meet another crisis in six months’ time, or a year’s time. That is why I will continue to work with the Government to get this right, and to put in place the measures that are necessary to safeguard Northern Ireland’s ability to trade within its own country—within the United Kingdom—and its internal market. That is essential to building the stability of which the Secretary of State speaks.

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his point. He and his party representatives, and indeed all the political parties in Northern Ireland, have been working extremely hard behind the scenes—and in front of the camera, after each occasion—to develop what will, hopefully, be a plan for government, and proposals for the budget. As I say, it is time to bring those proposals forward into more political discussions. I know that each of the political parties will require a little time to develop those plans within their political committees and what have you. I should acknowledge, though, that I have already received budget proposals from the Alliance party, and I would welcome similar engagement from all the other parties.

Before I briefly summarise the intention behind the Bill, I should express my sincere thanks to the Opposition for their continued co-operation with the Government as we seek to bring the Bill forward at the requisite pace. I am particularly grateful to the shadow Northern Ireland Secretary, the hon. Member for Hove (Peter Kyle), who, as always, has been constructive. I also thank others on the Opposition Front Bench for the way that they have approached the Bill, and my hon. Friend the Member for North Dorset (Simon Hoare), who is Chair of the Northern Ireland Affairs Committee, and the Committee members, for their interest in the Bill.

The Bill will place on a legal footing the budget allocations that I outlined to the House via written ministerial statement on 27 April. I am conscious that the hour is already relatively late, and lots of hon. and right hon. Members want to contribute. I therefore do not propose repeating the contents of that written ministerial statement, which sets out the departmental allocations reflected in the Bill.

[Mr Robin Walker (Worcester) (Con)]

I am very cognisant of the difficulties that the Secretary of State faces with the Bill, and his frustration at having to deliver it at all. It is clear, though, that the budget for education in Northern Ireland is going down, even though the budget for education in England is going up quite substantially this year. Given the pressures faced in education, and what the Education Committee has heard about those pressures, can he at least confirm to the House what per-pupil spending in Northern Ireland will be after these budget changes? How will it compare with per-pupil spending elsewhere in the UK? Or perhaps the Minister of State, Northern Ireland Office, my hon. Friend the Member for Wycombe (Mr Baker), can give those figures in his concluding speech.

[Chris Heaton-Harris]

I thank my hon. Friend for his question, and acknowledge his long-standing interest in this area. He does great work on the Select Committee. I know that he has read the Institute for Fiscal Studies report published on 21 April, which stated that Northern Ireland spent similar amounts to England and Wales per pupil in 2022-23. Spending per pupil in Northern Ireland grew by 11% in real terms between 2018-19 and 2022-23, after having fallen for almost a decade. I will try to get him the exact details; if I cannot do that by the end of this debate, I shall write to him with them, but we have been following this issue, and he has been prodding us along all the way.

I was talking about the budget’s departmental allocations. As in the 2022-23 Northern Ireland budget, the allocations were developed after extensive, sustained engagement with the Northern Ireland civil service. The Bill will mean that Northern Ireland Departments have a total resource budget available of £14.2 billion, and a capital budget of £2.2 billion. That includes the Northern Ireland Executive block grant, set at the 2021 spending review and through the subsequent operation of the Barnett Formula, and income from regional rates.

I emphasise—I will no doubt state this a number of times, in this debate and elsewhere—that the sum available for this budget would have been the same sum provided to the Executive for 2023-24, if they were in place.

I recognise that the Northern Ireland Departments, in the absence of elected Ministers, will face difficult decisions, but it is necessary to deliver a balanced budget. These decisions rest with the Northern Ireland civil service, but I will continue to work with them to protect frontline services in Northern Ireland.

[Stephen Farry (North Down) (Alliance)]

I fully concur with the Secretary of State about the importance of the Executive being restored. The other point he was making was about ensuring that the Budget is balanced. Does he recognise that there is a certain disjoint between the current guidance that the civil service has and the expectations placed on it in balancing the Budget? They cannot touch the statutory areas, which means that the non-statutory areas are being overly targeted. Also, the Departments are overspending because they cannot live within the budget controls. Unless some action is taken over the remainder of this year, we will see a massive overspend, which will create a bigger hole and a bigger challenge down the line and lead to deeper cuts.

[Chris Heaton-Harris]

The hon. Gentleman makes a wise point, and I know he follows this issue closely. We are working closely with the Northern Ireland civil service on this matter. As he alluded to, when the UK Government took over the responsibility overall, we inherited an overspend for 2022-23. A reserve claim of £297 million was provided to balance last year’s Budget. Despite projections of an overspend throughout the year and the UK’s agreement to the reserve claim, the final budget figures from 2022-23 show a slight underspend of £40 billion, so it came in at £257 million. I know that those big sums of money will still cause great concern over the budgetary issues in Northern Ireland, but it does demonstrate how monitoring rounds and monitoring spending bring about amazing behaviours for budgetary purposes. I would like to think we can work together in this space in the future. However, the one thing I do know—it has been demonstrated time and time again—is that that work would be better done by a locally elected Executive, with Ministers accountable to the people who elected them.

As I mentioned, with agreement from the Chief Secretary to the Treasury, my right hon. Friend the Member for Salisbury (John Glen), flexibility has been granted on the repayment of this reserve claim, which moves the repayment into the next financial year, not this one. Before I conclude, I will briefly run through the Bill clause by clause.

[Theresa Villiers (Chipping Barnet) (Con)]

Can the Secretary of State confirm that the UK Government still provide additional funding to the Police Service of Northern Ireland to reflect the lethal terrorist threat to which Northern Ireland is still subjected?

[Chris Heaton-Harris]

Indeed, we do provide that funding. It is to the value of £32 million a year this year and next year for sure, and then the future is the future.

Clauses 1 and 2 authorise the use of resources by Northern Ireland Departments and other specified public bodies, amounting to—I love figures like this—£27,403,000,514 in the year ending 31 March 2024, for the purposes specified in part 2 of schedule 1 and subject to the limits set out in subsections (4) to (7) of clause 2.

Clauses 3 and 4 authorise the Northern Ireland Department of Finance to issue out of the Consolidated Fund for Northern Ireland the sum of £22,790,893,000 for the purposes set out in part 2 of schedule 1.

Clause 5 authorises the temporary borrowing by the Northern Ireland Department of Finance of £11,395,447,000—approximately half the sum covered by clause 3. That is a normal safeguard against the possibility of a temporary deficiency arriving in the Consolidated Fund for Northern Ireland, and any such borrowing is to be repaid by 31 March 2024.

Clause 6 authorises the use of income by Northern Ireland Departments and other specified public bodies from the sources specified in part 2 of the schedule for the purposes specified in part 2 of the schedule in the year ending 31 March 2024.

Clause 7 provides for the authorisations and limits in the Bill to have the same effect as if they were contained in a budget Act of the Northern Ireland Assembly. It also modifies references in other pieces of legislation to Northern Ireland estimates, which would normally form part of the Assembly’s supply process.

Clauses 8 and 9 are self-explanatory and deal with “Interpretation” and “Short title”.

Finally, the schedule to the Bill sets out the amount of money authorised for use for each Northern Ireland Department, the purposes for which it can be spent and the other sources of income from which the Departments can draw.

Before I sit down, I express my sincere thanks for the ongoing hard work of the civil servants in Northern Ireland. With this Bill, I am only setting out the available total resource and capital budget for the Northern Ireland Departments of £14.2 billion and £2.2 billion respectively. I make it clear that in the absence of an Executive, it is now the responsibility of the Northern Ireland Departments to make the specific spending decisions to ensure that they live within the Budget limits as set out in the Bill. I recognise that is not an easy task and requires difficult decisions, but people in Northern Ireland rightly expect to see those decisions taken in Stormont, and I wholeheartedly agree with them. However, until a functioning Executive returns, this Bill will allow public services to continue functioning and will help to protect the public finances in Northern Ireland. I therefore commend this Bill to the House.

--- Later in debate ---

[Sammy Wilson]

The promise actually was broken by the Secretary of State. It was a two-sided promise: that would not be raised by Ministers, who would be sensitive to the issue, knowing what our answer to these issues are and, in turn, we would stick to the budget debate. That promise has not been kept, so it would be remiss of me not to make it clear, as has been made clear by my party leader in an intervention, that we want to see the Executive up and running, but there are rules for the working of the Executive. There are important safeguards for the Executive to work: the views of both communities have to be respected, accepted and reflected in the decisions made in the Executive and in the decisions made by the Executive.

As things stand, with the protocol and the framework, there will still be a requirement for foreign law to be imposed in Northern Ireland and for Ministers of a Unionist disposition to operate that system—a system that the Government, even in the Windsor framework discussions, indicated would lead to divergence between Northern Ireland and the rest of the UK. A paltry safeguard of the Stormont brake was put in but, even if it worked, it still would not stop Northern Ireland becoming further away from the rest of the UK because of decisions made in this House about laws that would affect the United Kingdom, excluding Northern Ireland.

I have to say to the Secretary of State that, while that situation pertains, he cannot ignore the requirements of the law in Northern Ireland. The views of both communities must be reflected, accepted and implemented in the Executive and the Assembly. If that does not happen, they cannot function because we do not have the basis for agreement and for decisions being made.

It is debatable, of course, but we can talk about the Executive, up and running, being able to decide and resolve some of the issues that have been talked about here today. As I go through my speech, I point out that the Executive, its implementation and existence is not essential to deal with some of the fundamental issues that have given rise to the budget problems that Northern Ireland is facing.

I wish to make two points, the first of which is about the impact of the budget on services in Northern Ireland. Like the SNP spokesperson, the hon. Member for Gordon (Richard Thomson), I do not want to go through every Department but, as this has been raised by two or three speakers already, one of the starkest indications of the budget problem we have in Northern Ireland is to be found in education. There will be a 2.8% reduction in education spending in Northern Ireland, while in England there will be a 6.5% increase. That will affect the aggregated schools budget: the amount of money that goes to individual schools. It will particularly affect youngsters with special educational needs because, of course, as has been said, the easiest things to cut are things like classroom assistants. Of course, spending on classroom assistants and support for people with special educational needs is to be cut by 50%. There are already 11,000 children diagnosed with special educational needs who will be affected, and there is a waiting list of 400 children who have not even been placed, so we can see the ongoing problem and the problems we will build up over the years because of the cuts in the education budget. I could also talk about aspects of the education budget that are designed to help youngsters from deprived backgrounds, such as measures on school meals that were introduced by the Minister from my party. They will have to be reduced as well, which again tends to affect children from the most disadvantaged areas.

Let us take the other example, which has also been mentioned. I served for some time on the Northern Ireland Policing Board. Policing is important for any community, and it is particularly important in Northern Ireland because of the ongoing terrorist threat, the problem of paramilitaries and the terror gangs and criminal gangs associated with them, and the impact that has on communities. New Decade, New Approach made a commitment to have 7,500 officers, yet the figure is set to fall to about 5,700 officers. In the next two years, 850 officers are going to retire. The money is available to recruit only 204, so the situation will get worse and worse in terms of police officer numbers, which will fall below the commitment made on how many are required in Northern Ireland.

[Chris Heaton-Harris]

We have just had a debate about making sure that we are factually correct in this place. I am quite sure that what the right hon. Gentleman is saying is absolutely factually correct. However, does he not recognise that the commitment to increase police numbers to 7,500 that he is talking about was a commitment by the Executive? Would the choices that he has outlined not be better served by an Executive functioning and an Assembly scrutinising?

[Sammy Wilson]

I know that the Secretary of State was not personally responsible, but he cannot wash his hands of the New Decade, New Approach agreement, which was between the parties in Northern Ireland and the then Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith). The Executive did not pull this out of the air and say, “We’re going to do this”; it was part of the agreement that was made. Indeed, I have heard Ministers in this place saying time and again, “You’ve got to get back to the New Decade, New Approach promises and the commitments that were made,” yet this is one of those very commitments, and it is one that will not be met because the money is not there.

The argument that we have heard tonight is: “Well, that’s partly the responsibility of the Executive. If the Executive were up and running, then you could spend the money better.” I have no difficulty with that. Only a fool would say there were no savings to be made in a resource budget of £14 billion, or that it could not be spent better. Anybody who looks at their own personal budget will find ways of saving money and allocating it better to meet their priorities, so of course the potential is there. Indeed, I know from my time in the Executive that we were able to find 3% savings across Departments, and I am not against what the Minister said—that there are ways we could spend money better.

We have dodged reforms over the years because some of them require difficult decisions. That is the responsibility of the Executive, if they were up and running. I could bore the House with lots of examples, but in the past our Ministers have shown how we have used money in order to use resources better. Indeed, we have even looked at co-operation with the Republic of Ireland, when it has come to spending money, and at how we could share resources to deal with those kinds of issues and make better use of money.

Our party believes in low taxation and the proper use of the public resources we have, so we are not going to ignore that. But the fact of the matter is that the Executive are not up and running. Even if they were up and running, the issues and the problems of public spending in Northern Ireland are so big that the Executive would struggle to make some of the necessary reforms. Do not forget some of those reforms require money to be spent to make the reforms, so there is a vicious circle.

The Budget is inadequate—that is the first thing we need to look at. The holes in the Budget are so big and the issues around it so difficult that even if we had a performing Executive tomorrow, they would not be able to get past those issues. The building of public sector housing has fallen by 25% because of capital costs.

There are also difficulties, when it comes to the Executive, of pure caution. I know the Minister will talk about how much money has been given to Northern Ireland, but do not forget that we have given back £471 million in financial transactions capital, because the rules tied around that required a degree of innovation by civil servants and the Northern Ireland Office that was not always possible. The main outlet for it was housing, and there is only so much that it could absorb. So when it comes to taking money off the Executive, let us not forget that where money could not be spent, it was returned to the Exchequer. Sometimes it was frustrating to find that money had been given that could not be spent because we were not being innovative enough.

That brings me to the second issue. I know the Minister will say how much money is given to Northern Ireland and how some constituents in the south of England would envy the amount of money that comes to Northern Ireland, but there is a mechanism for allocating money within the United Kingdom. At present, the Barnett mechanism works by simply giving Northern Ireland a percentage—3%. If there are Barnett consequentials for Government spending for the whole of the United Kingdom, we get 3%.

However, it was always recognised that across the United Kingdom the circumstances are different. It was first raised in Wales and, as has been pointed out, there is a greater need in some parts of the United Kingdom, because of a whole lot of factors that I will go into in a minute, and therefore the 3% given on a per head basis is not adequate. It needs to be topped up on a well-established needs basis. Because of needs in Northern Ireland, it was reckoned that for every £100 spent in England, £125 would need to be spent in Northern Ireland. In other words, it was a 25% uplift.

For example, if the Barnett formula showed that Northern Ireland should get 3%, on the basis that Northern Ireland has 3% of the UK population, then there should be a 25% addition—a 0.75% addition to the 3%—to that. That has not been happening. The Northern Ireland Fiscal Council has worked out that had that additional needs element been put in this year, then we would have had another £323 million. Incidentally, that would have plugged the gap in public spending.

If that were happening right across the United Kingdom and people were saying that they were not applying it in Scotland or Wales, then, I suppose, those in Northern Ireland would have no cause for complaint. The truth of the matter is that it is being applied in every other part of the United Kingdom, apart from in Northern Ireland. This is the only budget that is being brought forward where the need is recognised but not reflected in the moneys allocated.

The Secretary of State has argued that if the Assembly were up and running, we could make the case, but we do not need to make the case; it has already been agreed that the formula for Northern Ireland should be another £25 on top of every £100 spent in England. We do not need to fight over the definition of need, because it has already been established. The Holtham Commission made that quite clear. I take the point that was made earlier: I do not want Northern Ireland to become some sort of public sector-dominated economy, which makes us totally reliant. I want to see Northern Ireland becoming self-reliant. I want to see a growing economy; an economy that is generating taxes, income and revenue, and that does not need to be reliant on having a fight with the Treasury every year about the budget and whether we are getting the proper Barnett consequentials.

The definition of need is already well established. It is based on demographic figures—the number of people—and deprivation and cost measures, such as the under-16 dependency ratio, the retired persons dependency ratio, the percentage of population claiming income-related benefits, the percentage of population with long-term illness, the proportion of people outside settlements of 10,000 people, and so on and so forth. We do not need to fight about how much Northern Ireland is entitled to. We do not need to fight about the measure that determines that need. All we need is a decision that the need should be reflected in the budget allocation in Northern Ireland, just as it is in Scotland and Wales.

The Secretary of State argues that, if the Executive were up and running, we could make those arguments, but the arguments are made. The question is how long do we have to wait for what happens in other parts of the United Kingdom to be applied to Northern Ireland.

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[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the Chair of the Public Accounts Committee, the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier) because, in fairness, she has added a new and useful level to the debate. Hers was a very worthwhile contribution, so I thank her for participating and hope that she shows a renewed and continued vigorous interest in the issues of Northern Ireland.

There have been a number of very useful contributions so far in this debate, if we set aside that from the honourable Healy-Rae from Foyle—the hon. Member for Foyle (Colum Eastwood). We enjoy the hon. Member oscillating from a year and a half ago, when he was spending his time cajoling, provoking, ridiculing and mocking my leader and my party at a time when we were raising serious issues, to today, when he is poking, prodding, encouraging and saying, “Just get back to work”, again ignoring serious issues and not recognising the sincerity with which we have sought to highlight and the aspiration to address the issues that are frustrating the proper operation of devolution.

We have heard from my right hon. Friend the Member for East Antrim (Sammy Wilson), who talked about the imbalance between what was attempted to address the deficiency in democratic accountability on issues agreed in Europe and the lack of provision and the danger associated with divergence on Bills brought forward through this place. This week and last, for example, the Postal Packets (Miscellaneous Amendments) Regulations 2023 has been but one issue that jars entirely with what the Prime Minister said when the Windsor Framework was published.

We can see clearly how that will treat parcels coming to and from Northern Ireland as foreign parcels, and we can see clearly how it up-ends the commitments given to the people of Northern Ireland during the Windsor framework process—lest we forget—when the majority of parties in Northern Ireland said that there were no problems with the withdrawal agreement and that it should be rigorously implemented on the people of Northern Ireland. When the Windsor framework was published, they said it was a wonderful solution, yet here we are even today, and we can see that the issues left unresolved will continue to plague and cause difficulty for the shared aspiration of restoring devolution. I say that at the outset, because it is important to consider again the context of why we are considering this Bill.

When we have debates such as this, Members will hear criticism, and I will not shy away from that. From my perspective, touching on the principle of this Bill and the reason why we are here today, the Northern Ireland Office has not done enough, the Government have not given enough and the people have had just about enough. When I say that they have not done enough, we should listen to the hon. Member for Gordon (Richard Thomson). He and I do not share the same political perspective on these things, but he highlights accurately that here we are debating a Bill that has not had any pre-legislative scrutiny and that has not been before the Northern Ireland Affairs Committee.

We are implementing and allocating resource to a budget that has not been section 75 screened, and it is having huge and undetermined consequences for the public sector in Northern Ireland and the voluntary sector in Northern Ireland. Even if Members are willing, and I am not, to forget about them, it is affecting the ability of our Government Departments to fulfil their statutory functions—to educate children, to care for the elderly, to heal the sick. It is not me saying that, but every permanent secretary who has sought to engage with the Northern Ireland Office and has highlighted how difficult this process would be.

When the Children’s Law Centre, in the most non-party political way possible, writes to me and every other Member of Parliament to highlight just how deficient this process has been, it is amazing to see in the explanatory notes that the Bill is being rushed through because it is urgent. The written ministerial statement was issued on 27 April, and yet there has been nothing in between, knowing that the allocation on 27 April was not sufficient, and knowing at the time that permanent secretaries were saying they could provide their statutory and core functions, never mind extras such as extended schools or support for the most vulnerable members of our society. Let us not forget that that was a choice that the Northern Ireland Office made.

The explanatory notes say that there was no pre-legislative scrutiny, no consultation, and no equalities screening because the Bill had to be rushed, but when will Committee stage be? We do not know. Such a rush, but the Committee has not been scheduled. We hear that we are getting to the stage when things are becoming political. We also hear that there will need to be another Northern Ireland Bill—a Bill that gives the Secretary of State the ability to make decisions on behalf of permanent secretaries.

For the last two months, since the written ministerial statement about the allocation, there has been nothing. There has been no consultation on or scrutiny of the Bill, because it has to be rushed, but we do not know when its remaining stages will be. We now hear that there is need for a third Bill—by the way, a Bill specifically to provide the powers that the Northern Ireland civil service asked for, but that the Secretary of State chose not to include, in the Northern Ireland Budget Bill that received Royal Assent on 8 February. The Northern Ireland civil service provided draft provisions to the Northern Ireland Office, which refused to advance them. Now we hear that there is need of a third Bill, but we all know that there are very few weeks of parliamentary time left before this Session concludes. There will be recess in the summer. There are a couple of sitting weeks in September, but there are precious few weeks left. The Government are playing at this, and the NIO has not given enough.

I remember the debates that we had back in January about the Northern Ireland Budget Bill, and I remember the Minister of State responding, “Northern Ireland gets £1.20 where my constituents get just £1.” I remember crying out in the wilderness back in January about the Northern Ireland Fiscal Council, and the difference between what we are allocated and what we need. The only difference now is that more people seem to engage with that argument. The Fiscal Council has revised downwards its figure of how much spending Northern Ireland needs to England’s £1, from £1.28 to £1.24. Year on year, financial cycle after financial cycle, there is a deficit in the resources that we get. There is a compounding negative impact on the ability to deliver public services in Northern Ireland.

New Decade, New Approach was mentioned. That, and some of the industrial relation issues that arose at the time, were about pay parity. Pay for public sector workers in Northern Ireland was not keeping up with that for their counterparts in England, Scotland and Wales. Parity was achieved in 2020, yet the rates in Northern Ireland are now growing ever faster apart from those in England, Scotland and Wales.

[Chris Heaton-Harris]

indicated dissent.

[Gavin Robinson]

The Secretary of State shakes his head, but he knows the figures. In the next financial year, public spending in Northern Ireland will increase by 3.6%; public spending in England will increase by 6%. The disparity between what we get and what we need, and between what we get and what other parts of the United Kingdom get, continues to grow. That compounds the difficulties.

Some £297 million is scheduled to be taken out of our allocation this year and next. We are supposed to be grateful for the fact that it will not be taken out this year, and that the cut will be spread over two years. There is a projected overspend this year of £500 million, and a deficit of £575 million from public pay awards. That is £1.4 billion before we even start. I do not say that to be boring or over-detailed. Do I even care whether the Government agree with those figures? Not really, but people who should share our aspiration for a positive return to devolution when the circumstances are right need to recognise that there is nothing positive about the consequences of this budget—nothing positive at all. I am not an Assembly Member, but I suspect precious few will wish to take responsibility for the austerity and cuts that this Government have provided. That is why I say that people have just about had enough. They are not unfamiliar in Northern Ireland, despite how frustrating it is, with political discord. They understand the challenges in devolved Government. It is not lost on people, when we have just celebrated 25 years of the Good Friday agreement, that, for 40% of those 25 years, devolution did not operate. In fact, the majority of the time that it did operate was when the DUP and Sinn Féin were leading it, but the people of Northern Ireland are not unfamiliar with the frustrating circumstances that we find ourselves in. However, they want to hear a bit of realism.

When the Chairman of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare), who is not with us today, was batting back and forth with me in January on need and the Northern Ireland Fiscal Council, he dismissed those points. In fairness to him, we corresponded thereafter—it is not often I praise him, by the way—and he took my initiative. He talked to his colleagues and got Committee agreement to hold an inquiry on these financial issues. The evidence sessions have been useful, highly illuminating and will be in our best interests. That is why I say people want to see realism. They want to see us working together.

Yes, we will disagree about different methods and different ways of doing things, but we should recognise that, when there is a core problem, we need to work on the core solution. When there is a deficiency in how we are funded in Northern Ireland, we need to work to address that. When we need more resource simply to stand still—not to provide luxuries, but to provide essential services that people need and rely upon in Northern Ireland—we will do that collectively if needs be, but the Government should not sit back and wait for some collective ask. They know the facts and they have ignored the facts for month after month.

I am delighted to hear the Secretary of State say that they will now engage in the discussion on need. That is a departure from what the Northern Ireland Office has been saying for months. It is not a departure for Government in policy terms, given what has gone through in Wales previously, and it should not all be one-size-fits-all. We need to ensure that we invest not only in the financial aspects of how we deliver for people in Northern Ireland, but in Northern Ireland itself.

Oral Answers to Questions

Chris Heaton-Harris Excerpts

Wednesday 21st June 2023 Commons Chamber

[Claire Hanna (Belfast South) (SDLP)]

1. If he will have discussions with the Chancellor of the Exchequer on ensuring similar levels of funding for Northern Ireland to that announced for early learning and childcare in the spring Budget of 2023.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

Today is a day of reflection in Northern Ireland. It marks an opportunity for people to think about the tragic and needless loss experienced by so many families during the troubles. It also allows us all as a society to reflect on how far Northern Ireland has come from the most difficult days of the troubles, and the further work required to ensure that we never again return to violence and that Northern Ireland is a truly peaceful, prosperous and reconciled society, which is something this Government are determined to deliver.

If I may, Mr Speaker, I would like to note that my permanent secretary since January 2020, Madeleine Alessandri, is leaving the Department next week for another role within Government. I would like to place on record my thanks to her for all the help and guidance she has given me and everyone else over the last 10 months.

In answer to the question, in his spring Budget the Chancellor stated that Northern Ireland would receive Barnett consequentials for 2023-24 and 2024-25 as a result of increased UK Government spending on childcare policy reform in England.

[Claire Hanna]

The Secretary of State may be aware that there is no childcare strategy in Northern Ireland and very little support, which is placing many families under extreme financial pressure because of growing costs, exacerbating inequality among children and forcing many, particularly women, to abandon their career for years. Research by the advocacy group Melted Parents demonstrates that families in Northern Ireland have been consistently failed on this issue. Does the Secretary of State agree that childcare must be recognised as a core part of the economic and societal fabric, as well as a tool to give kids a great start in life? Will he support the Department of Education and others to ensure that families in Northern Ireland can finally access the benefits promised in the Budget, promised in New Decade, New Approach and promised before that as well?

[Chris Heaton-Harris]

The Government recognised in the Budget, as I have just mentioned, how important childcare is for all the reasons the hon. Lady gave, and we do work with the Department of Education as much as we can. According to its figures, in the 2022-23 academic year there were 22,715 pupils in funded pre-school education in Northern Ireland, which is 91% of three-year-olds in the population. However, she makes a very valid point about how this needs to go further, as it will do across the other parts of the United Kingdom.

[Simon Baynes (Clwyd South) (Con)]

2. What recent assessment he has made of the adequacy of the performance of the health service in Northern Ireland.

--- Later in debate ---

[Mary Glindon (North Tyneside) (Lab)]

3. What recent discussions he has had with Cabinet colleagues on restoring power sharing in Northern Ireland.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I regularly discuss Northern Ireland affairs with my extremely interested Cabinet colleagues and keep them fully abreast of the efforts being made to restore the power-sharing Northern Ireland Executive. My total focus is on the return of a devolved Government, and the Windsor framework is the basis on which to do that.

[Mary Glindon]

In the past, successful attempts to restore power sharing involved weeks of intensive talks between both Governments as well as the five main parties in Northern Ireland, but there is a vagueness about the current process. Can the Secretary of State confirm that he will try the previously tested methods over the coming summer?

[Chris Heaton-Harris]

I give an assurance to the hon. Lady that no stone will be left unturned in trying to get the Executive back up and running. 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.

[Alun Cairns (Vale of Glamorgan) (Con)]

The Windsor framework will make a significant difference to businesses and communities in Northern Ireland as they seek to trade with the rest of the United Kingdom. Does my right hon. Friend recognise that the Windsor framework agreement has an international dimension, in that it has improved the status of the UK around the world, allowing the Prime Minister and the President of the United States to agree the Atlantic declaration and other such agreements?

[Chris Heaton-Harris]

It is true, and I am slightly surprised by the element of pleasure that worldwide institutions—other Governments, the European Union and the United States Government, as my right hon. Friend says—have taken in seeing the Windsor framework come to fruition and, indeed, by how we are now talking about all sorts of important other things that seem to have been unlocked by the Windsor framework agreement.

[Mr Speaker]

We now come to the shadow Secretary of State.

[Chris Heaton-Harris]

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]

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]

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.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I join the Secretary of State in paying tribute to his outgoing permanent secretary, Madeleine Alessandri, and we wish her well in her new position.

The Secretary of State will be aware that since New Decade, New Approach at the beginning of 2020, we have pressed for legislation that will protect Northern Ireland’s ability to trade within the internal market of the United Kingdom and respect our economic rights under article VI of the Acts of Union. Are the Government any closer to bringing forward such legislation?

[Chris Heaton-Harris]

I very much look forward to being in a space where, following further conversations with the right hon. Gentleman, I can bring forward legislation in this place that does exactly what he needs it to do for his party to be able to give me a date when it will go back into the Executive in Northern Ireland.

[Sir Jeffrey M. Donaldson]

The Secretary of State will know that we want to see Stormont back up and running and fully functioning again, but it is critical for us that Northern Ireland’s ability to trade with its biggest market—which is, of course, the rest of the United Kingdom—is protected. We do have concerns about the practical outworking of proposals in the Windsor framework and what it means for the movement of goods in the non-EU lane. The Prime Minister has stated that there will be free movement of goods between Great Britain and Northern Ireland, and we need to see that reflected in the practical arrangements, which, I have to say, are not matched by what the EU is saying about the non-EU lane and its operation.

[Chris Heaton-Harris]

The right hon. Gentleman has detailed knowledge of this area, and I do enjoy our regular conversations on these points. He knows that in the Command Paper on the Windsor framework, which was published back in February, we detailed the British Government’s view of how we could bring in unfettered NI to GB trade as we move forward. We need to put more flesh on that bone—of that I am sure—but, as he knows, I constantly seek his guidance to ensure that I get this bit of my job completely right.

[Tim Loughton (East Worthing and Shoreham) (Con)]

4. What recent discussions his Department has had with representatives of the tourism sector in Northern Ireland on the implementation of the electronic travel authorisation scheme.

--- Later in debate ---

[John Mc Nally (Falkirk) (SNP)]

8. What recent assessment he has made of the adequacy of the budget for public services in Northern Ireland.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

For many years, the UK Government have recognised the unique challenges that Northern Ireland faces. We have provided around £7 billion in additional funding to Northern Ireland since 2014, on top of the Barnett-based block grant. Northern Ireland Executive spending per person is around 20% higher than the equivalent UK Government spending in the rest of the United Kingdom.

[Peter Grant]

A recent study has showed that 90% of people in Northern Ireland are having to cut back on their spending. The cost of living crisis means that a third are cutting back a lot on basics such as food, fuel and housing. Against that background, the Secretary of State’s Government are imposing real-terms budget cuts across almost the whole public sector in Northern Ireland. At the time of a cost of living crisis, are his budget cuts making the crisis better or worse?

[Chris Heaton-Harris]

The budget for Northern Ireland was set out in the spending review a couple of years and is unchanged. All UK Government Departments are being asked to absorb inflation and energy costs within their budgets; Northern Ireland’s Executive is no different. I am fully aware of what is going on with the cost of energy, food and other things in Northern Ireland, as I meet people regularly who tell me about it.

[John Mc Nally]

New research from Northern Ireland found that women were the shock absorbers of poverty, with 75% struggling to pay for food and 73% struggling to pay their electric bills, leading to mothers missing meals to feed their families. The saving efficiencies to the Northern Ireland budget include cuts to holiday hunger payments and, now, free school meals. Will the Minister explain why women and children are forced to starve to repair the chaos that the Tories caused to the economy?

[Chris Heaton-Harris]

The hon. Gentleman is wrong in one aspect. The budget is fair and allows for the statutory things to be delivered. I meet with women’s groups very regularly—I met a whole group of them last week. I fully understand the implications of the budget. However, it should be for Northern Ireland Ministers to sort it out.

[Mr Speaker]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

Beyond the cost of living crisis, there is a crisis facing public services across Northern Ireland. To give one very pertinent example, the chief constable of the Police Service of Northern Ireland, Simon Byrne, reported to the policing board last month that the force faced a budget gap of some £141 million. That is a gap that can only be met by cutting police numbers further. Given that police numbers are already at 6,500, which is 1,000 below the recommended establishment figure quoted by Chris Patten and the lowest number since 1978, that is clearly a poor situation. Given the severe terror threat, what will the UK Government do to ensure that Northern Ireland has a police force capable of meeting continued security challenges, as well as meeting the needs of the communities the police force is there to serve?

[Chris Heaton-Harris]

The police budget in Northern Ireland is devolved. It comes through the Department of Justice, which has to live within its means just like every other Department, but I regularly meet and talk to the chief constable. The UK Government also provide an extra £32 million a year for such security measures.

[Sarah Atherton (Wrexham) (Con)]

7. What recent progress his Department has made on establishing the Independent Commission for Reconciliation and Information Recovery.

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I have identified the right hon. Sir Declan Morgan to be appointed chief commissioner designate of the Independent Commission for Reconciliation and Information Recovery. Hopefully, his appointment will come into effect when the Northern Ireland Troubles (Legacy and Reconciliation) Bill receives Royal Assent.

[Sarah Atherton]

I welcome the progress made towards establishing the Independent Commission for Reconciliation and Information Recovery, but after 40 years of waiting—I have also been raising the case in the Chamber over the past three and a half years—Mr Vaughan-Jones and his family have never received a conclusive account of what happened to his brother Robert, 2 Para, at Warrenpoint in 1979. Will the Secretary of State agree to meet me to discuss the case and progress?

[Chris Heaton-Harris]

My hon. Friend raises a critical point and I would be delighted to meet her to talk about it. As I said earlier, many families across Northern Ireland and Great Britain still do not have the answers they require about the acts of serious harm committed in the troubles. The system has not worked as it is, which is why we need to pass the Bill and establish the ICRIR as soon as possible.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for that answer. When it comes to recognising the need for reconciliation and information recovery, it can never, ever be a substitute for victims’ access to justice. Will he confirm that innocent victims will always be a priority for the Northern Ireland Office and this Government?

[Chris Heaton-Harris]

I can do that, 100%. The hon. Gentleman is completely right.

[Andrew Selous (South West Bedfordshire) (Con)]

9. What steps he is taking with Cabinet colleagues to promote Northern Ireland businesses overseas.

Omagh Bombing Inquiry

Chris Heaton-Harris Excerpts

Monday 12th June 2023 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

On 2 February, I announced that I would establish an independent statutory inquiry into the preventability of the Omagh bombing, the Real IRA-perpetrated atrocity in August 1998 which killed 29 people and two unborn children, and injured 220 others. The responsibility for this appalling crime lies with the murderers and those that assisted them. It is important that all lessons are learned and that confidence in this is given to the families of those affected.

The inquiry will be established under the Inquiries Act 2005, with full powers, including the power to compel the production of documents and to summon witnesses to give evidence on oath.

Since that announcement in February, my Department has been steadily progressing the establishment of the inquiry, with a key priority being to identify a suitable chair.

After careful consideration, I am today announcing the appointment of Lord Alan Turnbull as chair of the Omagh Bombing Inquiry. Lord Turnbull has had a distinguished judicial career in Scotland. He was the lead prosecutor in the Lockerbie bombing case in 1998, and in 2006 was appointed a senator of the College of Justice, and a judge of the Court of Session and High Court of Justiciary—the Supreme Courts of Scotland.

Lord Turnbull’s appointment to the role of chair of the Omagh Bombing Inquiry follows a recommendation made by the Lord Chief Justice of England and Wales, in conjunction with his counterparts across the rest of the UK. Lord Turnbull’s long-standing judicial career and his previous experience of working on terrorism cases will provide the highest levels of knowledge and professionalism. I have no doubt that Lord Turnbull will bring to the inquiry the required rigour, independence and impartiality, and I am grateful to him for accepting this important job.

I will now work with Lord Turnbull to agree the terms of reference for the inquiry. I will update the House further once the terms of reference have been agreed.

[HCWS844]