Northern Ireland Update

Chris Heaton-Harris Excerpts

Tuesday 6th June 2023 Written Statements

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

Section 9 of the Northern Ireland (Executive Formation) Act 2019 (“the NIEF Act”) places me under a legal duty to ensure that the recommendations in paragraphs 85 and 86 of the 2018 report of the Committee on the Elimination of Discrimination Against Women (“the CEDAW report”) are implemented in full.

I have today laid regulations in Parliament to implement the CEDAW recommendation to

“make age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights, a compulsory component of curriculum for adolescents, covering prevention of early pregnancy and access to abortion in Northern Ireland, and monitor its implementation”.

The regulations will mirror the approach taken in England with regard to education about the prevention of early pregnancy and access to abortion. This is provided for in regulation 2(2).

It has always been my preference that, as a devolved matter, the Department of Education in Northern Ireland updates the curriculum. However, nearly four years have passed since the NIEF Act, and adolescents in Northern Ireland are still not receiving comprehensive and scientifically accurate education on sexual and reproductive health and rights.

Today, I am therefore laying regulations that:

Amend the Education (Northern Ireland) Order 2006, and the Education (Curriculum Minimum Content) Order (Northern Ireland) 2007 for adolescents, to make age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights, covering prevention of early pregnancy and access to abortion, a compulsory component of curriculum for adolescents.

Place a duty on the Department of Education to issue guidance, by 1 January 2024, on the content and delivery of the education required to be provided.

Place a duty on the board of governors and principal of every grant-aided school to have regard to this guidance.

Place a duty on the Department of Education to publish a report by 1 September 2026 on the implementation of education on sexual and reproductive health and rights in grant-aided schools, and lay the report before the Assembly.

I recognise the sensitivity of this topic and that some parents may wish to teach their child about sex education themselves, or make alternative arrangements for sex education to be provided in line with their religious or other beliefs. In recognition of this, the regulations also place a duty on the Department of Education to introduce a mechanism to ensure that a pupil may be withdrawn from education on sexual and reproductive health and rights, or elements of that education, at the request of a parent. This follows the approach taken in England and Scotland.

Consultation with parents on relationship and sexuality education is already common practice in Northern Ireland and we expect the Department of Education to ensure schools afford parents the opportunity to review relevant materials.

I wish to be clear that educating adolescents on issues such as contraception, and access to abortion in Northern Ireland, should be done in a factual way that does not advocate, or oppose, a particular view on the moral and ethical considerations of abortion or contraception.

While the changes to the curriculum will come into effect from 1 July 2023, there will be a period of implementation and a need for meaningful engagement with teachers, parents and young people. To allow for this, the regulations place a duty on the Department of Education to issue guidance on the content and delivery of the required education by 1 January 2024.

[HCWS824]

Independent Reviewer of National Security Arrangements: 2022 Report

Chris Heaton-Harris Excerpts

Thursday 18th May 2023 Written Statements

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

The role of the independent reviewer of national security arrangements in Northern Ireland is to monitor compliance with annex E of the St Andrews agreement 2006, reviewing the relationship between MI5 and PSNI in handling national security matters.

Professor Marie Breen Smyth, the independent reviewer of national security arrangements in Northern Ireland, has sent me her report for 2022. What follows is a summary of the main findings of the report covering the period from 1 January 2022 to 31 December 2022. Professor Breen Smyth states:

“My contact with MI5 and the PSNI was largely conducted in person. I was given a clear insight of both the current direction, the prevailing budgetary conditions and the interaction between both organisations. The policy of wider collaboration and further community initiatives has continued.

During the COVID-19 pandemic, due to the restrictions introduced by the UK government, the level of activity amongst terrorist and paramilitary groups abated somewhat. With the ending of restrictions and a return to previous levels of mobility and freedom of movement, that suppressive effect has ended and these groups have returned to their previous levels of operational activity.

Although the threat assessment for Northern Ireland was lowered in 2022 from Severe to Substantial, in their Fifth Report the Independent Reporting Commission pointed out that paramilitarism remains a clear and present danger. The threat from Dissident Republican (DR) groups remains a concern for law enforcement.

The two main loyalist groups, the Ulster Defence Association (UDA) and the Ulster Volunteer Force (UVF) continue to operate, and sections of both groups, largely in the Belfast area, are involved in intimidation, criminality and violence.

The PSNI reported that work continued on broader communication and improving protocols between PSNI and MI5 in order to increase cooperation in releasing information whilst maintaining security protocols. Dialogue between the Human Rights Advisor to the Policing Board and MI5 has established a relationship of mutual understanding. Regular meetings and exchanges at a high level between PSNI and MI5 are noticeable and commendable.”

“My conclusions in relation to Annex E of the St Andrews agreement are as follows.”

To reinforce this comprehensive set of safeguards, the UK Government confirm that they accept and will ensure that effect is given to the five key principles, which the chief constable has identified as crucial to the effective operation of the arrangement:

a: All Security Service intelligence relating to terrorism in Northern Ireland will be visible to the PSNI

I am informed that the PSNI continues to have sight of all security service intelligence relating to NIRT. There is compliance.

b: PSNI will be informed of all Security Service counter terrorist activities relating to Northern Ireland

There are a number of processes in place to ensure that the PSNI is fully informed. There is compliance.

c: Security Service intelligence will be disseminated within PSNI according to the current PSNI dissemination policy, and using police procedures

This continues to be organisational practice. There is compliance.

d: The great majority of national security CHIS in Northern Ireland will continue to be run by PSNI officers under existing handling protocols

The PSNI and security service continue to work jointly on cases and arrangements for this continue to be jointly negotiated and agreed. There is compliance.

e: There will be no diminution of the PSNI’s responsibility to comply with the Human Rights Act or the Policing

PSNI continues to operate within the National Security arena in strict compliance with ECHR. There is compliance.

[HCWS783]

Independent Commission for Reconciliation and Information Recovery: Implementation

Chris Heaton-Harris Excerpts

Thursday 11th May 2023 Written Statements

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

The Northern Ireland Troubles (Legacy and Reconciliation) Bill represents the Government’s pledge to address the extremely complex and sensitive legacy of Northern Ireland’s past. The Bill aims to deliver better outcomes for those most affected by the troubles, while at the same time putting in place mechanisms to encourage and promote reconciliation. In seeking to achieve this critical objective, the Bill establishes a new body, the Independent Commission for Reconciliation and Information Recovery (the ICRIR).

The Government believe that the success of the ICRIR will rely on its ability to operate independently of Government. This is why it is being established as an arm’s length body. It will not report to Ministers, but instead to a board of commissioners, and will be staffed by public servants and seconded police officers who will be accountable to the commissioners.

Last month Lord Caine, Parliamentary Under-Secretary of State for Northern Ireland, provided Parliament with information about the Government’s proposed approach to appointing ICRIR commissioners. This included criteria for each role and the selection processes which would inform the exercise of my power to make ICRIR commissioner appointments. The Government outlined the importance of beginning the process of advertising and identifying candidates for commissioner roles, so they could begin work to design and set up the body as soon as the Bill completes its legislative process.

Following the process set out for the selection of the Chief Commissioner, having received advice from the judiciary, I have identified the right hon. Sir Declan Morgan to be appointed Chief Commissioner of the ICRIR. His appointment will take place following Royal Assent and the establishment of the ICRIR, taking account of any further considerations and final requirements of the Act.

Sir Declan brings a wealth of experience from his previous role as Lord Chief Justice of Northern Ireland from 2009 to 2021. A hallmark of his distinguished career has been his commitment to addressing Northern Ireland’s past. I am confident that he will bring the highest level of experience, expertise and integrity to this post, which will help build public confidence in the ICRIR.

Sir Declan will begin work from early next month to identify other commissioners and to design how the new commission will carry out its role. In particular, the Chief Commissioner will lead the process to recruit the commissioner for investigations and provide a recommended candidate to me. The broadest possible field of experienced candidates is sought to fill this important role. The role is currently advertised and is subject to fair and open competition, with appointment on merit.

In light of the announcement of the Chief Commissioner, the deadline will be extended until 1 June to allow him to lead the appointment process and form a panel.

The Government are committed to delivering the legislative framework to address the legacy of the Northern Ireland troubles and promote reconciliation, and to ensuring that, subject to parliamentary process, it is implemented swiftly, and in the best possible ways, so that it can serve the people of Northern Ireland.

[HCWS767]

Northern Ireland Finances 2023-24

Chris Heaton-Harris Excerpts

Thursday 27th April 2023 Written Statements

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

Despite the progress that has been made with the Windsor framework it is with considerable disappointment that I find it is necessary for me to once again step in and set a Budget for Northern Ireland for 2023-24. The challenging budget position means that Northern Ireland Departments need clarity on their budget allocations now to deliver a balanced budget. I will bring forward a Budget Bill in due course.

The context of setting the Northern Ireland Budget for 2023-24 has been very difficult.

With agreement from the Chief Secretary to the Treasury, flexibility has been granted on the repayment of the £297 million overspend from the 2022-23 Budget. This will provide some protection to frontline public services in Northern Ireland from having to take the most severe reductions. However, difficult decisions remain in order to live within the funding available.

To support this, I am committing any future in-year Barnett consequentials for 2023-24 to repaying the Reserve claim. Should this not amount to £297 million, I will work with HM Treasury to reallocate funding from previously announced Northern Ireland funding packages, with the residual to be repaid in 2024-25.

The UK Government have for many years recognised the unique challenges 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. The Northern Ireland Budget per person is around 20% higher than equivalent UK Government spending in other parts of the UK. Yet the level of public services offered is still not affordable and outcomes are not improving. We need the Executive back so that they can progress much needed and long promised public service transformation.

2023-24 Budget allocations

I set out below the resource and capital allocations which I consider to be an appropriate settlement for Northern Ireland Departments.

In deciding these allocations I have engaged intensively with the Northern Ireland civil service. I am grateful to them for their engagement. I have also met with Sir Robert Chote, the chair of the Northern Ireland Fiscal Council, and I have received a range of representations from public groups and individuals.

Non-ringfenced resource funding

On the resource side, this Budget position delivers:

For health, this Budget provides £7.3 billion in funding. It also ringfences funding for abortion services, as ensuring availability of services is a statutory duty on me as the Secretary of State for Northern Ireland.

For education, this Budget provides £2.6 billion in funding.

For justice, this Budget provides £1.2 billion in funding.

For economy, this Budget provides £772 million in funding, including £1.1 million for the public service obligation route from City of Derry Airport to London.

Capital departmental expenditure limits

For capital, this Budget provides continuing investment and enables key projects to progress. It also ensures sufficient funding to meet departmental capital commitments that can progress in the absence of an Executive.

Revenue raising

My Department has continued to work closely with the Northern Ireland Department of Finance on a sustainable and strategic approach to public finances, which includes options for revenue raising in line with the rest of the UK. The lower levels of revenue generation but higher public service provision in Northern Ireland compared to the rest of the UK is unsustainable.

Governance

The Government must also ensure that Northern Ireland Departments can continue to operate. That is why the Government have today introduced the Northern Ireland (Interim Arrangements) Bill to ensure ongoing governance in the short term, should Northern Ireland remain without Ministers beyond 5 June.

The Bill continues the powers already afforded to permanent secretaries in Northern Ireland Departments in the absence of an Executive. It also grants powers that will allow the UK Government to explore, with the Northern Ireland civil service, options for increasing budget sustainability including further revenue raising in Northern Ireland.

The right way for Northern Ireland to be governed is through locally accountable and elected Government. But we have a duty to the people of Northern Ireland and in managing public funds to ensure Northern Ireland’s finances can be put on a sustainable path. That is why these powers are deliberately focused on official advice and public consultation. The final decisions for any implementation are best taken by Northern Ireland’s elected leaders. But we are taking these steps now to ensure that work progresses towards a more sustainable system in Northern Ireland that better reflects what is happening across the rest of the UK.

Attachments can be viewed online at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2023-04-27/HCWS748/.

[HCWS748]

New Decade, New Approach: Third Update

Chris Heaton-Harris Excerpts

Wednesday 26th April 2023 Written Statements

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

During the passage of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act in the House of Lords, the Government committed to making a written ministerial statement every six months setting out the commitments in New Decade, New Approach (NDNA) we have delivered on to date. The first of these statements was published on 23 March 2022 and the second on 20 October 2022. This is the third statement.

The NDNA agreement facilitated the restoration of the devolved institutions in January 2020 after three years of hiatus. It is deeply disappointing that Northern Ireland once again is in a period of political stalemate. Since the last statement, the UK Government have delivered the Windsor Framework, which fundamentally amends the text and provisions of the original Northern Ireland Protocol. This agreement delivers free-flowing trade within the whole United Kingdom, protects Northern Ireland’s place in the United Kingdom and safeguards the sovereignty for the people of Northern Ireland. It is now for the Northern Ireland parties to move forward and deliver the strong, accountable devolved institutions that those who elect them expect and deserve.

The UK Government will always work to uphold the Belfast/Good Friday Agreement and support political stability in Northern Ireland. To that end, we have continued to implement the commitments we signed up to in NDNA. Since January 2020, the UK Government have:

published four reports on the use of the Petition of Concern mechanism;

passed the Northern Ireland (Ministers, Elections and Petitions of Concern) Act to implement the institutional reforms agreed in NDNA;

passed the Internal Market Act 2020;

held a meeting of the Board of Trade in Northern Ireland;

announced an £18.9 million investment in NI’s Cyber Security industry, supporting NI’s development as a global cyber security hub and the target of achieving 5000 cyber security professionals working in Northern Ireland by 2030;

renegotiated the Protocol and restored the free-flow of trade from Great Britain to Northern Ireland through a new green lane, ensuring that Northern Ireland remains an integral part of the UK internal market;

ensured that Northern Ireland can access the trade deals the UK is striking across the world;

invited representatives of the Northern Ireland Executive to all meetings of the UK-EU Joint and Specialised Committees;

changed the rules governing how the people of Northern Ireland bring their family members to the UK, enabling them to apply for immigration status on broadly the same terms as family members of Irish citizens;

appointed Danny Kinahan as the first Northern Ireland Veterans Commissioner in September 2020;

passed the Armed Forces Act which further enshrines the Armed Forces Covenant in law; conducted a thorough review of the aftercare service, the purpose of which was to consider whether the remit of the service should be widened to cover all HM forces veterans living in Northern Ireland with service-related injuries and conditions;

marked Northern Ireland’s centenary in 2021 with a £3 million programme of cultural and historical events, including the delivery of the Shared History Fund and schools planting project; brought forward regulations to ensure designated Union Flag flying days remain in line with those observed in the rest of the UK;

recognised Ulster Scots as a National Minority under the Council of Europe Framework Convention for the Protection of National Minorities;

provided £2 million in funding for NI Screen’s Irish Language and Ulster Scots Broadcast funds, which support a range of film, television and radio programming;

established a new hub—Erskine House—in the heart of Belfast, increasing the visibility and accessibility of UK Government Departments in Northern Ireland;

reviewed the findings of the Renewable Heat Incentive Inquiry Report to consider its implications for the use of public money in Northern Ireland; and

continued to foster closer ties and better collaborative working across sectors such as tourism, sport and culture, including through the joint UK and Ireland bid to host the 2028 European Championships.

The UK Government have provided a total financial package of £2 billion for New Decade, New Approach. This financial package includes a £1 billion Barnett-based investment guarantee for infrastructure investment and £1 billion in funding across key priorities as set out in the deal. Of the £1 billion in funding, over £769 million has been spent towards such outcomes as:

bringing an end to the nurses’ pay dispute in January 2020;

securing additional funding for the Executive in the 2020-21 financial year;

the creation of a new Northern Ireland Graduate Entry Medical School in Londonderry;

supporting the transformation of public services;

supporting low carbon transport in Northern Ireland, enabling the Department for Infrastructure to commit to ordering 100 low-carbon buses to be deployed in Belfast and Londonderry; and

addressing Northern Ireland’s unique circumstances through projects and programmes that tackle paramilitarism, promote greater integration in education, support economic prosperity, and support linguistic diversity.

We have investigated options for the Connected Classrooms and Homecoming programmes and concluded that there is no viable delivery route for either programme that meets the key requirements of regularity, propriety, value for money and feasibility. Delivery of these programmes will, therefore, not be pursued at this time, although this will be kept under review.

Finally, in the absence of Executive progress on the matter, the UK Government passed the Identity and Language (Northern Ireland) Act in order to progress NDNA commitments relating to identity and language. This Act includes provisions to support the establishment of the Castlereagh Foundation.

The Government will continue to deliver their commitments and look forward to working with a restored Executive on the opportunities ahead.

[HCWS743]

Belfast/Good Friday Agreement: 25th Anniversary

Chris Heaton-Harris Excerpts

Thursday 30th March 2023 Commons Chamber

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

I beg to move,

That this House has considered the 25th anniversary of the Belfast (Good Friday) Agreement.

It gives me great pleasure to open today’s debate on the 25th anniversary of the Belfast/Good Friday Agreement. This is an historic occasion, not just for the people of Northern Ireland, who have benefited directly from the peace, prosperity and host of other benefits the agreement has brought, but for the entire United Kingdom and for all of us in this House. I know that right hon. and hon. Members will have their own unique reflections on this momentous occasion.

The agreement ended almost 30 years of armed conflict in Northern Ireland. That will always remain its most profound and important legacy. The generation that has grown up since its signing has only known relative peace and increasing reconciliation. That in itself is a remarkable achievement.

As many of us know, the agreement comprises three closely interrelated strands, all of which underpin the peace and prosperity that Northern Ireland enjoys to this day. Strand 1 established the Northern Ireland Executive and Assembly, enabling decisions on health, education, employment and much more to be undertaken locally for the benefit of everyone in Northern Ireland. These institutions provide an important guarantee on inclusive decision making on governance, representative of all communities in Northern Ireland.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does the Secretary of State agree that one of the most important elements under discussion is the role of education in creating the necessary conditions for having more united communities in the future?

[Chris Heaton-Harris]

Yes, indeed. I think that is even more vital now that we have a generation of people across our United Kingdom who did not experience the troubles at first hand. It is very important that knowledge is transferred to them, so that they can learn from the mistakes of the past and rebuild the foundation and network the hon. Lady identifies.

Strand 2 of the agreement provided for co-operation between Northern Ireland and Ireland, and established the North South Ministerial Council. Strand 3 included the establishment of the British-Irish Council and the British-Irish Intergovernmental Conference, which are conduits for the important and enduring friendship and dialogue we enjoy with the Irish Government and with jurisdictions across these islands today. The Government are steadfastly committed to upholding each of the three strands, which balance the aspirations of all communities in Northern Ireland and remain vital elements in Northern Ireland’s constitutional settlement.

The Belfast/Good Friday agreement is also based on guarantees of rights. It recognises the crucial birth right of all people of Northern Ireland to identify and be accepted as Irish, British or both, and confirms that the right to hold one or both citizenships is accepted. The Government delivered the powerful new institutions set up by the agreement to secure and protect the rights of the whole community. The agreement enshrines the principle of consent—an important principle that safe- guards Northern Ireland’s place in the Union and means that Northern Ireland will remain part of the United Kingdom for as long as the majority of its people want it to be.

We must credit the agreement with helping to set Northern Ireland on a path to permanently ending armed conflict. That achievement was delivered with the support of many other countries, including the United States, Finland, South Africa and Canada.

One of the most important and most tangible aspects of the agreement was the return to devolved Government in Northern Ireland after nearly 30 years. There has been a long history of devolved decision making in Northern Ireland since its foundation 101 years ago. The agreement recognised that previous devolved Governments had not been inclusive of the whole community, and the agreement established important guarantees and principles setting out that a devolved Government should work for all parts of the community in Northern Ireland.

With a functioning Executive, Northern Ireland enjoys the best of all worlds—a strong Northern Ireland Assembly and a strong United Kingdom Government. Regardless of which part of the community people are from, the importance of locally accountable decision making in the interests of Northern Ireland is something that everyone should be able to agree with.

[Christine Jardine (Edinburgh West) (LD)]

I thank the Minister for giving way in what is a significant debate to all of us, marking an important milestone for peace in Northern Ireland. Does he agree with me that we need to be very careful that we do not take that peace for granted? We have seen the threat level increase recently and increased tension. It is as incumbent on all of us now as it was 25 years ago to do whatever we can to protect what is an ongoing process in the peace agreement.

[Chris Heaton-Harris]

The hon. Lady utters very wise words. It falls on all our shoulders and on those of all politicians across the United Kingdom, especially in Northern Ireland, to continue to build on the peace process and the Belfast/Good Friday agreement and what it stands for today, and to do so deep into the future, because it is so important. As we have seen this week, with the rise in the threat level of Northern Ireland-related terrorism in Northern Ireland, we cannot take anything for granted.

[Stephen Farry (North Down) (Alliance)]

The Secretary of State rightly comments on the change in the security threat assessment; I note in particular the threat relating to dissident republicans. He will also be acutely aware of the rise of activity within loyalism, with a spate of attacks in recent days in my constituency and that of my colleague the hon. Member for Strangford (Jim Shannon). Will the Secretary of State tell us a little more about the Government’s commitment to crack down on continuing loyalist activities and ensure that those people who are involved in illegality face the full rigours of the law?

[Chris Heaton-Harris]

Yes. This is probably not the appropriate time or space to do that, but the hon. Gentleman is absolutely right that there has been an increase in loyalist paramilitarism. The Government are supporting the Police Service of Northern Ireland in clamping down on it; we are well aware of it, and are working with politicians across the piece in Northern Ireland. With the Police Service of Northern Ireland, there is a lot that we can do both to decrease tensions in those communities and to make sure that those who are using criminal activity at the expense of their neighbours in their communities face the appropriate penalties.

Let me return to the Belfast/Good Friday agreement. For our part, the UK Government have continually supported and invested in Northern Ireland, its place in the Union and the Belfast/Good Friday agreement framework. We are committed to making it better still, as we have shown through the investment, support and commitment that we have provided as a UK Government to the Northern Ireland institutions through numerous successor agreements. Those agreements prove that the signing of the Belfast/Good Friday agreement 25 years ago was not the end of a journey, but a new beginning. Each of them has helped to pave the way to the Northern Ireland that we see today, whether it be the progress on policing and justice at St Andrews that enabled those matters to be devolved in the Hillsborough Castle agreement; the substantial capital funding that we provided for new shared and integrated schools in Fresh Start and Stormont House; or the investment that we provided in public services in New Decade, New Approach.

It is precisely because of the UK Government’s steadfast commitment both to the Belfast/Good Friday agreement and to Northern Ireland’s place in our Union that we have, through listening to and heeding the concerns among the people of Northern Ireland about the protocol, replaced it with the new Windsor framework, which makes fundamental amendments to it. The framework restores the delicate balance struck by the agreement and addresses problems with the protocol by removing the Irish sea border for UK goods, with a new green lane and UK internal market scheme for businesses trading from Great Britain to Northern Ireland, removing costs, paperwork and checks. Just as importantly, it gives the people of Northern Ireland a veto over new laws that apply there, in the form of the Stormont brake.

Northern Ireland has changed beyond recognition over the past 25 years, thanks to the peace and prosperity that the Belfast/Good Friday agreement has brought. Upon that foundation, Northern Ireland has built a dynamic and vibrant economy, as can be seen across the whole of the nation. Its world-leading screen and film production industry, which produced “Game of Thrones” and “The Northman” among others, has already contributed £1 billion to the Northern Irish economy. There is a fintech sector, a cyber-security sector and an engineering sector going from strength to strength in the Northern Ireland of today. Those sectors are creating thousands of highly skilled jobs, with Belfast now ranked as one of the top 25 tech cities in the world.

In the years since the agreement was signed, Northern Ireland has also taken positive steps towards greater reconciliation. I pay tribute to the work of community organisations, faith groups and individuals, and to all who have tried to foster that reconciliation, respect and mutual understanding in Northern Ireland in the journey to the agreement and over the past 25 years.

[Simon Hoare (North Dorset) (Con)]

In the list that he is rightly setting out, will the Secretary of State recognise the particular contribution that very many women in Northern Ireland, across the communities, have made in leading the dialogue, repairing their communities and building relationships of trust?

[Chris Heaton-Harris]

Yes, I will. Further into my speech, I might well mention just one or two of the remarkable women who have done exactly as the Chairman of the Select Committee on Northern Ireland Affairs says.

The fact that Northern Ireland now has a locally accountable police force demonstrates the huge progress that Northern Ireland has made. However, events such as the abhorrent shooting of DCI John Caldwell illustrate a point that hon. Members have already raised in interventions: that the peace that Northern Ireland now enjoys and that we have all worked so hard for cannot and must not be taken for granted. Yesterday, I made the announcement that the Northern Ireland-related terrorism threat level has been increased by MI5 from substantial to severe. Coming ahead of the agreement’s 25th anniversary, that news is particularly disappointing. However, it does not detract from the fact that Northern Ireland remains markedly more peaceful and reconciled than it was in 1998. That is a testament to the people of Northern Ireland, as well as to the PSNI and the security services that do so much to keep us all safe.

[Jim Shannon (Strangford) (DUP)]

May I put on the record my thanks to the Secretary of State for what he says about the PSNI? In the past two weeks, my constituency and that of the hon. Member for North Down (Stephen Farry) have been subjected to a lot of violence, including attacks on houses, discrimination and the intimidation of people who have had to move out. It is only a matter of time before that level of violence spills over into injury or death. The PSNI are the people in the middle who are keeping us safe. Our special thanks should go to the officer in charge of our area, Superintendent Johnston McDowell, and to all his police officers, who are doing a grand job of policing to the best of their ability. We should all be supporting them, because they are the people who are filling the gap.

[Chris Heaton-Harris]

The hon. Gentleman is absolutely right; I completely concur with his statement. We should also pay tribute to Chief Constable Simon Byrne, who has introduced community policing across Northern Ireland. Community policing is something that we are all used to in England, Scotland and Wales, but it is a different way of policing—a better way of policing—in Northern Ireland, and it is definitely helping across all communities. I completely agree with the hon. Gentleman’s words and would add to them.

As we approach the agreement’s anniversary, we must acknowledge that there is more to be done to realise other aspects of the agreement’s ambition for a society that is reconciled with the past and able to look to the future. We must never let the progress that we have seen allow us to be complacent about the challenges of the future. We are investing in the development of integrated education so that more children can be educated together. We look forward, rather than back to a divided past.

It is also our duty to tell the agreement’s story so that the next generation may appreciate Northern Ireland’s remarkable journey and build a more prosperous future. That is why, as part of our programme to mark the anniversary, we have launched the first phase of a pioneering educational package. The package has been developed by the National Archives for parents and teachers across the United Kingdom to use in assemblies and the classroom, thereby enabling this vital story to be told.

I would like to acknowledge the contribution that Members across this House, Members of the other place and those elsewhere made to the journey to the Belfast/Good Friday agreement 25 years ago and have made to Northern Ireland. No single party, Government, individual or organisation owned the journey to that agreement or owns the journey of Northern Ireland since. From the famous speech by the then Secretary of State for Northern Ireland, Peter Brooke, in November 1990 that announced that the United Kingdom had

“no selfish strategic or economic interest in Northern Ireland”,

to the 1993 Downing Street declaration between John Major and Albert Reynolds that provided a pathway to a negotiated settlement on the basis of the principle of consent, it is clear that the agreement was unlocked through the achievement, bravery and dedication of a great many people in politics, public life, religion, civil society and community over many, many years.

Last week I was privileged, along with other Members, to attend a reception at Speaker’s House where I met three inspirational Members of the Youth Parliament in Northern Ireland: Izzy Fitzpatrick, Ryan Kearney and Lauren Bond. I think that all who heard Lauren will agree that she made a barnstorming speech. She spoke powerfully about her future in her nation and, notably, about the forgotten role of women in the peace process, which was mentioned by my hon. Friend the Member for North Dorset (Simon Hoare). I hope I can begin to put that right today.

From one of my predecessors as Northern Ireland Secretary, Mo Mowlam, who enabled the Tony Blair Government to secure the Belfast agreement in April 1998 through an unrelenting bravery, a disarming personal touch and an unstoppable belief in the potential of peace, to the Women’s Coalition and people such as Monica McWilliams—a signatory to the multi-party agreement—women played a pioneering role, and rightly insisted that their voices be heard in the peace process. Pat Hume, a consummate diplomat, endured risks and threats to get people talking, and established warm relations with families of Unionist politicians, including Daphne Trimble, who later served in the two human rights bodies created by the Belfast/Good Friday agreement. It is clear that the full story of the agreement cannot be told without acknowledging the contributions of those and other brave and visionary women.

As we approach the 25th anniversary of that agreement, I am also aware that we will do so without some of its other architects—not least Lord Trimble, the leader of the Ulster Unionist party and the first of Northern Ireland’s First Ministers, and John Hume, the long-time advocate of civil rights through dialogue, campaigning and peaceful protest, alongside whom I had the pleasure of serving for five years in the European Parliament. They succeeded not just because they worked tirelessly, but because they took risks. In the face of opposition and, at times, threats, they pursued their vision of what they thought Northern Ireland could be. Northern Ireland is poorer without their leadership, but they serve as examples to generations of political leaders now and to come of what politics can do.

Others, too, took risks along the way to secure the gains of the past 25 years. The leadership of Sinn Féin, particularly Gerry Adams and Martin McGuinness, persuaded republicanism that its future lay in the ballot box, and in 2007 the late Reverend Ian Paisley—with whom, again, I served for five years in the European Parliament —led his party into power sharing. I note the contribution of Lord Alderdice—whose party provided a powerful voice for those who were not part of either of Northern Ireland’s two traditions—to the securing of widespread engagement with the peace process; and, obviously, we recognise the role of the Progressive Unionist party, and particularly the late David Ervine, in providing clear representation for loyalism. I know that I have omitted many other names involved in the journey to the agreement, but I also know that the whole House, including the hon. Member for Hove (Peter Kyle), will join me today in recognising their collective achievement.

If this anniversary can remind us all of one thing, it should be that progress did not come easily. It took decades of tireless work, leadership and steadfast commitment. Most important, it required the willingness of people to work across divides, sometimes with others with whom it had hitherto been unimaginable to work. The lessons from the leaders of 1998 will, I hope, prove instructive for all of us who have the honour of following in their footsteps. I know that Northern Ireland is on a path to a better, brighter and more prosperous future over the coming 25 years, thanks to the foundation of peace and stability that the Belfast/Good Friday agreement provides.

We are creating a platform for that more prosperous future by investing in the people of Northern Ireland, giving them the skills that they need to succeed and harnessing their entrepreneurial spirit. Only last month the Minister of State, Northern Ireland Office, my hon. Friend the Member for Wycombe (Mr Baker) announced £18.9 million of funding to boost the fantastic cyber-security sector in Northern Ireland. Together with more than £600 million of UK Government investment in city and growth deals for every part of Northern Ireland, those funds will ensure that the Northern Ireland of the next 25 years will be a byword for the cutting-edge technology and innovation for which it is already becoming known. We have addressed the issues caused by the Northern Ireland protocol by agreeing the Windsor framework, which fundamentally amends the old protocol. It protects the economic rights of the people of Northern Ireland, and provides us with the basis to move forward together as one United Kingdom. We, as the UK Government, will continue to support and invest in Northern Ireland to make it an even better place in which to live, work and start a business in the years to come.

The 25th anniversary of the Belfast/Good Friday agreement is an historic moment for Northern Ireland, for the whole United Kingdom, and for Ireland. It is a milestone that will be heralded in this country, and in the countries whose contribution to the peace process made the agreement’s success possible. Today’s debate affords us all an opportunity to recognise this remarkable achievement, and to reaffirm our commitment to protecting and upholding the Belfast/Good Friday agreement and supporting Northern Ireland’s journey in the 25 years to come in order to build a more perfect peace. I commend the motion to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the shadow Secretary of State.

--- Later in debate ---

[Chris Heaton-Harris]

With the leave of the House, I will take this opportunity to say thank you to right hon. and hon. Members for their many and varied contributions to this debate. Indeed, I feel blessed to have listened to them. This House is at its best when it comes together in a spirit of bipartisanship, and, today, we have seen so much support, so many good speeches and so much experience—113 years’ experience in three speakers alone. I wish to thank them all for their contributions.

My hon. Friend the Member for North Dorset (Simon Hoare), the Chair of the Northern Ireland Affairs Committee, reminded us about the all-island nature of the Belfast/Good Friday agreement. I can say to him that we do remain committed to that and to all its three strands. Indeed, one of the Prime Minister’s first engagements as Prime Minister was in Blackpool at the British Irish Council, which was established under the Belfast/Good Friday agreement. I think he was the first British Prime Minister to attend that summit for well over a decade to demonstrate how seriously this Government are taking all the institutions of the Belfast/Good Friday agreement.

The hon. Member for Gordon (Richard Thomson) reminded us how the Belfast/Good Friday agreement has been instructive and, to this day, continues to have value to those involved in peace processes across the globe. The hon. Member for Strangford (Jim Shannon) gave us the benefits of his experience—he might just have passed his apprenticeship. I thank him for his speech, its contents and the way that he delivered it. I know that we need to have a long conversation, but I am absolutely sure that we will get there in the end.

The right hon. Member for Leeds Central (Hilary Benn) spoke with true emotion and sincerity. I have learned many a lesson from him in my time in this place. Indeed, he was the speaker immediately after my maiden speech in this House, and I have always tried to take his advice from that speech—well, at least some of it. It was a pleasure to listen to him today. The elements of the lessons that he distilled about the step-by-step nature of peace and not giving up were unbelievably wise words.

The hon. Member for North Down (Stephen Farry) knows that we are involved in negotiations to get Stormont up and running, but I am not convinced that starving people in the last 24 hours of that is the right way forward this time. But he has experience of the negotiations, and he is a wise man; he knows what he is talking about. He, too, gave an excellent speech, and I will talk a bit about reform in a moment. The hon. Member for Blaydon (Liz Twist) talked about the women, especially Mo Mowlam, behind the peace process. I thank her for her excellent speech and I am so glad that other Members also raised the women behind the agreement. The hon. Member for Hornsey and Wood Green (Catherine West) mentioned that success has many fathers. I think the complete quote ends, “but failure is an orphan”, although we should add to it that success, especially in this case, also has many mothers. It was good to be reminded of that in her speech.

The hon. Lady asked me a couple of questions, and I will certainly try to answer at least one of them. I completely understand that the ECHR is integral to the Belfast/Good Friday agreement. The Prime Minister has said that we will honour the international obligations that we have made. I hope the hon. Lady and the House will see, as the Northern Ireland Troubles (Legacy and Reconciliation) Bill travels through its remaining stages in the other place and when it gets here, that my overall aim is to ensure that that Bill, whose compliance with the ECHR is currently questionable, will be compliant. The proof will be in the pudding as those amendments come forward.

The hon. Member for Easington (Grahame Morris) brought a different angle to the debate. I know Northern Ireland is a very difficult place to operate as a journalist, but it has a brilliant tradition of journalism; some of the greatest have come from Northern Ireland and, indeed, I believe it has a vibrant journalistic democracy in itself. I welcome what he said about the National Committee for the Safety of Journalists and I understand the points that he made about the case.

I wish to say thank you in particular to the hon. Members for Hove (Peter Kyle) and for Gower (Tonia Antoniazzi), not only for their thoughtful remarks about the agreement, the journey to it and the importance of protecting it and upholding it, but equally for their wise counsel and advice and the way that we can work across the Chamber. I hope we demonstrate that we do that, because we have the same ambition here: to honour this agreement, to mark it well and to ensure that we learn and move forward positively with it.

As I mentioned in my opening remarks, the agreement was unlocked through the achievement, bravery and dedication of a great many people over many years. We managed to name some of them, but there are many that we failed to name. I would like to think that over the course of the next few weeks, as we go to many different occasions to mark 10 April 1998, they will all get a mention—or at least that we can bow our heads in deference to those who travelled that journey to get to peace and sign that agreement.

The hon. Member for North Down talked about the need for reform of the Belfast/Good Friday agreement and some of its institutions. I can quite understand where he is coming from, and why voices in Northern Ireland and his party are reflecting on the current institutional arrangements and how they work, but he will forgive me if my primary focus at this time is the restoration of those institutions.

The hon. Gentleman knows that I believe the Windsor framework delivers stability for the people of Northern Ireland, protects Northern Ireland’s place in the Union and preserves the balance in the Belfast/Good Friday agreement. It also provides the Northern Ireland Assembly with a powerful say. It is now up to the parties in Northern Ireland to decide how they want to move forward together to create a better future for the nation. The Government remain open to hearing reform proposals that are consistent with the core principles in the Belfast/Good Friday agreement and command support across the communities.

The hon. Member for Strangford would expect me to say this, but he raised some points relating to Northern Ireland’s place in the Union, and I am very clear that the United Kingdom Government are proud of Northern Ireland and its place in our Union, and we will do all we can to support it. Northern Ireland will remain part of the UK as long as its people wish it to be, on the basis of the principle of consent, which he quite rightly highlighted in his speech.

I am delighted that we all, right hon. and hon. Members of this House, have had the opportunity today to share reflections on and recollections of the Belfast/Good Friday agreement, so close to its 25th anniversary on 10 April. This is a truly historic moment in Northern Ireland’s story. It is not hyperbole to say that the Belfast/Good Friday agreement has had a transformational impact on Northern Ireland, ending 30 years of armed conflict, ushering in an era of stability and prosperity, supporting progress towards reconciliation and so much more.

As we look forward to the coming 25 years, the UK Government are committed to the agreement in all respects, to marking this anniversary sensitively and to ensuring that Northern Ireland benefits from an even more prosperous and more reconciled future. I know that ambition is shared by all sides of the House, as we have seen very clearly in this debate.

Question put and agreed to.

Resolved,

That this House has considered the 25th anniversary of the Belfast (Good Friday) Agreement.

Northern Ireland Security

Chris Heaton-Harris Excerpts

Tuesday 28th March 2023 Written Statements

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

The threat level to Northern Ireland from Northern Ireland-related terrorism is constantly monitored and is subject to a regular, formal review. This is a systematic, comprehensive and rigorous process, based on the very latest intelligence and analysis of factors which drive the threat. The threat level review takes into account a range of factors and analysis of recent incidents.

The decision to change the threat level is taken by MI5, independently of Ministers.

MI5 has increased the threat to Northern Ireland from Northern Ireland-related terrorism from “substantial”, an attack is likely, to “severe”, an attack is highly likely.

The public should remain vigilant, but not be alarmed, and continue to report any concerns they have to the Police Service of Northern Ireland.

Over the last 25 years, Northern Ireland has transformed into a peaceful society. The Belfast/Good Friday agreement demonstrates how peaceful and democratic politics improve society. However, a small number of people remain determined to cause harm to our communities through acts of politically motivated violence.

In recent months, we have seen an increase in levels of activity relating to Northern Ireland-related terrorism, which has targeted police officers serving their communities and also put at risk the lives of children and other members of the public. These attacks have no support, as demonstrated by the reaction to the abhorrent attempted murder of DCI Caldwell.

I pay tribute to the tremendous efforts of the Police Service of Northern Ireland and security partners, and the determination and resilience of the Northern Ireland people, who are making Northern Ireland a safer place to live and work. The political future of Northern Ireland rests with the democratic will of the people and not the violent actions of the few. Together we will ensure there is no return to the violence of the past.

[HCWS683]

Northern Ireland

Chris Heaton-Harris Excerpts

Wednesday 22nd March 2023 Commons Chamber

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

I beg to move,

That the draft Windsor Framework (Democratic Scrutiny) Regulations 2023, which were laid before this House on 20 March, be approved.

It is my usual practice to take as many interventions as I possibly can during a debate; however, this debate is on a statutory instrument and is therefore time-limited, so although I will take interventions, I will not take as many as I normally would. I will, with the leave of the House, try to mop up all the questions raised at the end of the debate.

The Stormont brake is at the heart of the Westminster framework. It addresses the democratic deficit, restores the balance of the Belfast/Good Friday agreement, and ends the prospect of dynamic alignment. It restores practical sovereignty to the United Kingdom as a whole, and to the people of Northern Ireland in particular.

[Mr John Baron (Basildon and Billericay) (Con)]

As someone who served in the Province during the troubles and saw at first hand the pain and anger endured by all communities, may I ask whether my right hon. Friend agrees that the Windsor framework not only restores the balance of the Belfast agreement but offers the Province much greater prosperity by way of inward investment—and greater prosperity helps most situations?

[Chris Heaton-Harris]

I entirely agree with my hon. Friend. We are just coming up to the celebration of the 25th anniversary of the Belfast/Good Friday agreement, which has built peace and stability across Northern Ireland. I hope very much—as, I believe, does every single politician from Northern Ireland—that the next 25 years of the agreement, helped along by this Windsor framework, will bring to Northern Ireland an age of prosperity the like of which we have never seen before.

[Several hon. Members rose—]

[Chris Heaton-Harris]

I will give way first to the hon. Member for Strangford.

[Jim Shannon (Strangford) (DUP)]

It is not often that I am called before the others, but it is always a pleasure.

The Secretary of State and I will have some differences of opinion on this, but does he understand our frustration about the Windsor framework, or, as we Unionists call it, the Windsor knot? It is not a deal that enjoys or receives Unionist support, because the United Kingdom is giving the European Union sovereignty over the courts and power over Northern Ireland. Let me say respectfully to the Secretary of State, because I am a respectful person, that it has been shoved through the House by the Government, the Conservative and Unionist party—with some dismay, I now question the word “Conservative”, and where is the “Unionist”?—in a format that does not allow for scrutiny or due processes. Members on both sides of the House should take note of that and should vote against this statutory instrument, because it introduces a gravely important constitutional issue, and we are very concerned about it.

--- Later in debate ---

[Chris Heaton-Harris]

I thank the hon. Gentleman for his words, with which, however, I fundamentally disagree. I am a Unionist, and proud to be a Unionist. I believe that each of the four nations of our wonderful country makes it stronger, and I also believe that this is a massive step forward in terms of progress for not only Northern Ireland but the Union as a whole.

I disagree entirely with what the hon. Gentleman has said because the framework actually adds to the democratic scrutiny that is available. As one of Michel Barnier’s former advisers put it, the mechanism

“does amount to a clear veto possibility for the UK government, directive-by-directive, at the behest of a minority in the Northern Ireland Assembly.”

I think that people who know what they are talking about understand that this is a very, very good deal.

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

The right hon. Gentleman talks of prosperity. Seed potato growers in my constituency tell me that the framework is extremely welcome, because it means they can have access to the Northern Ireland market and in turn, via this mechanism, to the Republic of Ireland market. That is about the prosperity of my constituency, but perhaps this may lead to access to the Spanish and French markets, which could be useful in the future. I therefore believe that we should support the framework.

[Chris Heaton-Harris]

I thank the hon. Gentleman for his very, very pro-Unionist comments. He is entirely right. Through the protocol, seed potatoes and a host of other products were no longer available in Northern Ireland. The Windsor framework solves those issues and opens up market opportunities.

[Colum Eastwood (Foyle) (SDLP)]

I am grateful to the Secretary of State for giving way to me. I thought I was going to have to do a whole lot of squats just to get in.

One of the criteria for using the Stormont brake, and for signing the Petition of Concern, is that Members of the Legislative Assembly

“must be individually and collectively seeking in good faith to fully operate the institutions, including through the nomination of Ministers and support for the normal operation of the Assembly.”

Does this mean that Jim Allister will be precluded from signing the petition?

[Chris Heaton-Harris]

If the Assembly is sitting and he is sitting in it, which he would be as a fully elected member of his political party, I am absolutely sure that he could do that.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I commend the Prime Minister and my right hon. Friend for the work they have done. Does it not show that when we build bridges, when we show pragmatism, when we work with our continental colleagues, we can provide results? Does my right hon. Friend agree that, along with AUKUS, the Paris summit and indeed the Budget, this is a return to the statecraft that we want to see in No. 10?

[Chris Heaton-Harris]

It is, without doubt, statecraft emanating from No. 10, and I pay tribute to the Prime Minister for everything that he does in that respect.

[Several hon. Members rose—]

[Chris Heaton-Harris]

I will continue for a bit, if I may. I will give way in a moment.

We all believe, as democrats here, that in a democracy people should have a say over any change in the laws under which they live, but under the old protocol, that was not the case. Changes to laws were automatically imposed on Northern Ireland whether it wanted them or not, and, like many other Members, I as Secretary of State for Northern Ireland considered that to be an unacceptable state of affairs. The Stormont brake not only ends that situation, but ensures that changes made to rules and regulations have the consent of both communities, thus asserting a fundamental principle of the Belfast/Good Friday Agreement.

[Richard Graham (Gloucester) (Con)]

I am very grateful to my right hon. Friend, who has made all this progress hugely possible through his hard work. Does he agree that wherever we are starting from, it is clear to everyone who compares the Northern Ireland protocol with the Windsor framework that good progress has been made, that the framework is an improvement, and that it is strongly welcomed by most of the communities in Northern Ireland, and for that reason we should support it today?

[Chris Heaton-Harris]

Yes, I do believe that, and I thank my hon. Friend for making the point.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Secretary of State is making a powerful case about democratic scrutiny. In that spirit, will he confirm that in order to support the Windsor agreement, he will use his powers as Secretary of State to retain all the existing EU law that would otherwise be deleted by the Retained EU Law (Revocation and Reform) Bill by the end of this year? The European Union has written to us today warning us that if he does not do that, the agreement will be in doubt. This is not to do with the Stormont brake; it is the existing legislation that will be deleted by the sunset clause. The Secretary of State has the power to retain it. Is he going to do so, in order to support this legislation?

[Chris Heaton-Harris]

I am afraid I have not seen that letter; I know nothing of it. I believe that the Retained EU Law (Revocation and Reform) Bill will do a good job of work for the whole of the United Kingdom.

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

I fear that today we will respectfully have to agree to disagree. My right hon. Friend has described the brake on multiple occasions, including in BBC interviews, as a veto. Given that, if Stormont pulls the brake, UK Ministers may still not exercise the brake in exceptional circumstances—so it is down to ministerial fiat—and given that, even if they do, the EU can object and it will be referred to independent arbitration, where the UK could lose, that is a route to arbitration, isn’t it? That is not a veto. Will he accept that?

[Chris Heaton-Harris]

One, it is a veto; two, it is a route to arbitration; and three, it removes any element of the European Court of Justice being relevant in this decision. So I think we have actually delivered on some of the things that my right hon. Friend and I have campaigned on over the years.

[Hywel Williams (Arfon) (PC)]

In respect of grounds for seeking to apply the brake, in response to my written question to the Foreign Office on exports to Northern Ireland through the port of Holyhead, the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, the hon. Member for Aldershot (Leo Docherty) replied:

“The Green Lane is open to all UK businesses where they import or sell goods that are not ultimately destined for EU market. This includes goods travelling from Wales to Northern Ireland in transit through the Republic of Ireland, using the procedure”.

Can the Secretary of State confirm that that is indeed the case and elaborate, now or by letter, on how that procedure will work?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question, which I did not hear completely. The green lane will be open for goods travelling into Northern Ireland for consumption in Northern Ireland. There is a red lane for goods going into the Republic. If I misheard his question, I will write to him to clarify, if that is okay.

[John Redwood (Wokingham) (Con)]

Why do EU laws apply under this agreement to businesses in Northern Ireland that are not trading with the EU? How many EU laws apply, and why can we not see a list of them?

[Chris Heaton-Harris]

It is less than 3%. This preserves access for Northern Ireland businesses to the single market, and yesterday I listed a whole host of different areas in which these EU laws are disapplied in Northern Ireland.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

The Secretary of State is of course right to say that any political entity within a wider economic structure should have a say or some way of expressing its view on the rules and regulations of that economic structure. With that in mind, will the British Government be bringing forward a Senedd and Holyrood brake when it comes to the UK internal market?

[Chris Heaton-Harris]

I thought we already had it, but I will come back to the hon. Gentleman if that is not the case.

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

Will my right hon. Friend reconfirm, first, that the Stormont brake stops and gives total control to the Assembly in Northern Ireland on any new EU law or regulation; and, secondly, that this deal has made huge strides on seed potatoes, VAT, state aid, customs and all the aspects of the protocol that we in this House have debated for so long?

[Chris Heaton-Harris]

I have to agree with my right hon. Friend.

[Several hon. Members rose—]

[Chris Heaton-Harris]

I think I should now continue with my speech, so that I can explain all this to the House.

The brake is triggered if 30 Members of the Legislative Assembly from two parties object to an amending rule or regulation. These MLAs can be from the same community designation, so they can, in theory and in practice, come from two Unionist parties, or indeed two nationalist parties. The exercise of the brake will require no other process and no vote in the Assembly. Once the brake has been pulled, the law will automatically be disapplied in Northern Ireland after two weeks. The EU can challenge the use of the brake only through international arbitration, after the law has been suspended, where the bar to overturn it will be exceptionally high.

The Stormont brake is one of the most significant changes that my right hon. Friend the Prime Minister has secured. It is a robust change that gives the United Kingdom a veto over dynamic alignment with EU rules but, just as importantly, the regulations we are debating today put the democratically elected representatives of the people of Northern Ireland in the driving seat when it comes to whether and when that veto will be used.

[Ian Paisley (North Antrim) (DUP)]

I thank the Secretary of State for giving way. Could he answer, very clearly, this one simple question? Is it not the case that every single lorry that departs from the port of Cairnryan to Northern Ireland will have to have customs declaration papers for every product on that vehicle? Is it right that a vehicle travelling from one part of the United Kingdom to another part of the United Kingdom continues to be treated in that way?

[Chris Heaton-Harris]

Those vehicles will be using the trusted trader service. There will be 21 fields of information, mostly auto-populated, which will mean no certificates will be needed from vets or other third parties—

[Ian Paisley]

That is wrong.

[Chris Heaton-Harris]

I would say to the hon. Gentleman that I think I am right.

[Mr David Jones (Clwyd West) (Con)]

When my right hon. Friend appeared before the European Scrutiny Committee yesterday, he promised to deliver the list of the 3% of EU laws he says will remain as a consequence of this process. Can he please tell us where that list is?

[Chris Heaton-Harris]

I gave the majority of that list in the course of those proceedings, and I said that I would write to my right hon. Friend, which I will do.

The old protocol had some measures that were aimed at giving it democratic legitimacy. The UK had a vote over any new laws that the EU wanted to add to the protocol, but that veto did not extend to amendments of laws that were already there, and crucially, there was no role for the Northern Ireland Assembly in deciding whether and when to use that veto. Of course, it contained the democratic consent mechanism, an important means of giving the Assembly the right to end the application of articles 5 to 10 of the old protocol. Those measures were important, and the Windsor framework maintains them, but they were not, in themselves, enough to address the democratic deficit.

[Michael Fabricant (Lichfield) (Con)]

I wonder if my right hon. Friend could clarify something for me. He has spoken about the green channel for goods movements from Great Britain into Northern Ireland. This is a genuine question. As I understand it, the Northern Ireland economy produces around £77 billion-worth of goods, of which £65 billion-worth go to the rest of the UK. Is it not the case, though, that everything manufactured in Northern Ireland would have to meet EU standards, even if it is going to the rest of the UK?

--- Later in debate ---

[Chris Heaton-Harris]

I have made it perfectly clear that we are maintaining 3% of EU law in Northern Ireland. This is the bare minimum to maintain Northern Ireland’s access to the single market, which just about every business I have spoken to in Northern Ireland, and that has made representations on this, is delighted to be maintaining. Indeed, I have been lobbied by individual Members from Northern Ireland to maintain access to both the UK market—the fifth largest economy in the world—and the EU market for goods.

[Dame Andrea Leadsom (South Northamptonshire) (Con)]

I fully support what my right hon. Friend has done here. The Prime Minister and the whole of the Northern Ireland team have done a great job. Does my right hon. Friend agree that the Windsor agreement enables a huge opportunity in Northern Ireland not just to be a precious part of our United Kingdom but to be the target of enormous amounts of foreign direct investment because it will have the advantage of being an integral part of the United Kingdom as well as having open access to EU markets?

[Chris Heaton-Harris]

We are maintaining that 3% of EU law. My right hon. Friend has helped to answer the question that my hon. Friend the Member for Lichfield (Michael Fabricant) posed.

There will be a binding statutory obligation in domestic law on Ministers to pull the brake when a valid notification is provided by 30 MLAs. These regulations will add a new democratic scrutiny schedule to the Northern Ireland Act 1998 to codify the brake in domestic law. The UK Government must—let me repeat that: they must—notify the EU when a valid notification of the brake has been provided by MLAs. This is an important new function for Members of the Assembly, and it is vital that they exercise this new function with the right information and expertise. After consulting with Northern Ireland parties, these regulations provide for a standing committee of the Assembly to properly scrutinise the relevant rules.

[Stephen Farry (North Down) (Alliance)]

I am treating today’s vote as a recognition of the wider package and voting for it, with the Government.

The democratic scrutiny committee is new to the Assembly and will require a lot of resources, as will the necessity of engaging with Brussels on the development of new law from first principles. Will the Secretary of State have a conversation with the Assembly about the potential for new resources, to make sure it can fully do this job?

[Chris Heaton-Harris]

I very much look forward to having that conversation with a fully functioning Assembly and Executive.

Some have described this as a consultative role for MLAs, but it is not. It is a robust power for MLAs to stop the application of amended EU rules, a power that neither the UK Government nor the European Union can override, provided that the conditions in the framework are met.

Some have claimed that the EU must have some means of blocking the brake. These regulations demonstrate that the process is entirely one for the United Kingdom. The process is firmly and unambiguously within strand 1 of the Belfast/Good Friday agreement. There is no role for any institution outside the United Kingdom, whether that be the EU or anyone else, in determining whether the brake is pulled. It will be for the UK alone—for its sovereign Government, alongside elected MLAs—to choose whether the brake is pulled.

Some also claim that the Government might simply ignore the brake. These regulations make it clear that the Government have no discretion. MLAs cannot be ignored. Valid notifications of the brake must be notified to the European Union. The Government’s actions will be subject to all the normal public law principles attached to decision making. For the avoidance of doubt, the regulations are clear that the prospect of any remedial measures by the EU cannot be a relevant factor in the Government’s determination.

It is not enough simply to allow MLAs to temporarily halt the application of a rule, but then allow the United Kingdom Government simply to override them when the joint committee decides whether the rule should be permanently disapplied. So these regulations go much further and provide a clear, robust directive role to determine whether the Government should use their veto or not. Unless there is cross-community support in the Assembly, Ministers will be legally prohibited from accepting an amended or new EU law that creates a regulatory border between Northern Ireland and the rest of the United Kingdom, except in exceptional circumstances.

Let me be clear: “exceptional circumstances” means just that. The threshold for that exception is unbelievably high, and a Minister invoking exceptional circumstances must be able to defend that decision robustly and in line with normal public law principles. What is more, a Minister must account to Parliament where they have concluded that exceptional circumstances apply, or where they consider that a measure would not create a regulatory border. This represents one of the strongest statutory constraints on the exercise of ministerial functions under a treaty ever codified in our domestic law.

[Colum Eastwood]

Would the Secretary of State just confirm to the House: if there is no Stormont, will there be a Stormont brake?

[Chris Heaton-Harris]

The brake cannot even start to be a thing until Stormont goes back and the Executive function.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I thank the Secretary of State for setting out how the brake will operate. Will he join me in urging those considering these proposals before the House today to note that, for many years, people said it was impossible to have an application to stop the ratchet of EU law and to keep Northern Ireland in the Union?

[Chris Heaton-Harris]

I absolutely agree with my hon. Friend. I was also told that this would be an impossible ask. Throughout my time in the European Parliament and, indeed, as chairman of an illustrious body of MPs in this place, I never thought this would be achievable, yet the Government have managed to achieve it.

These regulations could scarcely make things clearer. The overwhelming presumption is that, unless the Assembly says yes, the Government must say no.

Finally, as with any international agreement, if the EU considers that the UK has improperly pulled the brake, it may choose to initiate a dispute, but we need to be clear that any dispute could only arise after the rules have been disapplied in Northern Ireland, and the resolution of that dispute would be for an arbitration panel. The European Court of Justice would have no role in resolving a dispute.

These regulations make the case for functioning devolved institutions in Northern Ireland even more compelling. The measures will become operable only when the institutions are restored. Denying the people of Northern Ireland will not only deny them the basic right to an effective, stable Government but will deny them full democratic input into the laws that apply to Northern Ireland, and that denial cannot be justified.

These regulations give domestic legal effect to this democratic safeguard and restore the UK’s sovereignty. We should consider carefully how we vote on this measure, without which Northern Ireland would continue to have full and automatic dynamic alignment with EU goods rules, with no say for the Northern Ireland Assembly and no veto on amending or replacing those measures. That is an intolerable situation, and I urge all hon. and right hon. Members to vote to end that full and automatic dynamic alignment. I therefore commend these regulations to the House.

[Mr Speaker]

I call the shadow Secretary of State.

Northern Ireland (Executive Formation) Bill

Chris Heaton-Harris Excerpts

2nd reading
Wednesday 22nd February 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.

More than a year has passed since the then First Minister of Northern Ireland resigned. Twelve months and one Assembly election later, people in Northern Ireland still do not have the strong devolved Government that they deserve. In the absence of those institutions, this Government have stepped in to protect the interests of the people of Northern Ireland. We have set a budget, delivered vital energy support funding and legislated to provide clarity on the decision-making powers of Northern Ireland civil servants to enable them to maintain public service provision. However, on each of those occasions, I have stood at this Despatch Box and expressed my deep disappointment that we still await the return of a functioning Assembly and Executive. I wish to restate that profound disappointment once again.

The restoration of the Executive, in line with the Belfast/Good Friday agreement, remains my top priority. I will continue to do everything I can to make that happen and to help the Northern Ireland parties to work together to do so equally. It was on that basis that we legislated last autumn to extend the Executive formation period through the Northern Ireland (Executive Formation etc) Act 2022. Since that period ended in January 2023, I have again been under a statutory duty to call an Assembly election, which would have to be held within 12 weeks—on or before 13 April.

I have spent time engaging with Northern Ireland political and community leaders, assessing the options available to me. I have also spoken to the Opposition spokesperson, the hon. Member for Hove (Peter Kyle), and I appreciate his advice and guidance. It remains my view that a further Assembly election at this time would be unwelcome and expensive and, crucially, it would bring us no closer to our objective of delivering fully functioning devolved institutions.

At this critical juncture, the best approach to facilitating the return of those institutions is built on flexibility, to allow time and space for negotiations on the Northern Ireland protocol between the UK and EU to continue, and to promote collaboration by the parties in Northern Ireland to form a Government, not to compete in an unwelcome election. On that note, I will briefly summarise the overall intention of the Bill.

[Simon Hoare (North Dorset) (Con)]

In order to concentrate the minds of those who hold the future of devolution in their hands, could I invite my right hon. Friend to confirm that joint authority and direct rule are not on his direct agenda, but that making sure that devolution works is front and centre?

[Chris Heaton-Harris]

I can confirm those points 100%.

This is a short Bill, and I propose to time my remarks accordingly. I will merely outline the Bill at this stage and save my discussion of the mechanics of its two clauses for Committee, which I hope will commence shortly. Having said that, I hope the House will permit me to pause and express my gratitude to Opposition Members and, indeed, everyone involved for their continued cross-party approach to delivering key legislation in Northern Ireland. I am grateful to the shadow Secretary of State for Northern Ireland, the hon. Member for Hove, for engaging thoughtfully with me on a number of occasions ahead of the Bill’s introduction.

The Bill will provide for a one-year retrospective extension to the Executive formation period from 19 January 2023, which means that, if the parties are unable to form an Executive on or before 18 January 2024, I will again fall under a duty to call for an Assembly election to take place within 12 weeks. However, as I said earlier, I believe flexibility is the order of the day if we are to play our part in encouraging and facilitating the return of the institutions.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Chair of the Select Committee prompts me to reflect that I am one of the handful of people here who had an active part in the last period of direct rule, in about 2004 or 2005. It was just about the most inadequate procedure imaginable, which is a high bar to clear in this place. Ultimately, without a functioning Assembly, and without direct rule or joint authority, the people who lose out are not the politicians, but the people who rely on public services.

[Chris Heaton-Harris]

The right hon. Gentleman is completely right that the people of Northern Ireland end up suffering from not having functioning institutions working for them.

The Bill provides me, as Secretary of State, with the important ability to call an early election, provided that offices have not been filled. Taken together, these provisions represent a delicate balance. Eventually, if the political impasse in Northern Ireland continues, people in Northern Ireland will rightly expect to return to the polls to have their say. However, the prospect of forcing an election when it would be unwelcome or unhelpful runs contrary to our goal of providing the time and space we need for our negotiations with the European Union on the protocol to continue to develop, and for an Executive to form.

Members with a keen eye for detail will no doubt have noticed that, unless an early election is called, the extension provided for by the Bill will run past the date on which the decision-making provisions contained in the Northern Ireland (Executive Formation etc) Act 2022 lapse, namely, 5 June 2023. During the Act’s passage late last year, we were clear that the current governance arrangements were not a sustainable long-term solution. I am therefore keeping those arrangements under review, in the continued absence of fully functioning devolved institutions, but I sincerely hope that an Executive are in place before those arrangements expire.

In the meantime, the provisions of the 2022 Act and its accompanying guidance provide Northern Ireland civil servants with the clarity they need on how and when they should be taking decisions. The decisions they have been taking under the 2022 Act are being published to ensure complete transparency. I am truly grateful for the work of Northern Ireland civil servants in making use of those provisions to maintain public services in Northern Ireland, but, as I have said many times, the right people to take those decisions are locally elected politicians, who should be doing their jobs in an Executive. The current arrangement is not and can never be a substitute for fully functioning devolved institutions.

I know everyone in this House has been deeply moved by the courage shown by a very young man, Dáithí Mac Gabhann. He and his whole family have fought for the implementation of organ donation changes. I recently met Dáithí and his family, and I met them again this morning. I am incredibly moved by his story and by his family’s dedication to seeing this important change to the law on organ donations in Northern Ireland implemented as quickly as possible.

I am a bit of a stickler for how we do things in this place, and I would never want to go against “Erskine May,” but Dáithí and his family are with us in the Gallery today. I am sure hon. Members will wish to join me in welcoming him and commending the whole family for their valiant efforts. They should not need to be here today to see this change, as the Assembly could and should have convened to take this across the finish line.

As I said in my letter to the Northern Ireland parties, they continue to have it within their power to recall the Assembly and deal with secondary legislation such as the regulations in this case. That would only require Members of the Legislative Assembly to work together to elect a Speaker—not necessarily to nominate a First Minister and a Deputy First Minister—but I was disappointed that the opportunity to do that was not taken during the Assembly recall last Tuesday. However, I recognise this issue is exceptional both in its sheer importance and in the cross-party support it commands, both in Northern Ireland and in this House. On that basis, the Government spent a lot of time with the lawyers. We have been able to table important amendments to this Bill to facilitate those changes, to be taken forward in the Assembly in the continued absence of a Speaker.

[Ian Paisley (North Antrim) (DUP)]

It is commendable that Dáithí and his family are here, and it is wonderful that the Government are doing the right thing. This law will now be in place faster than if the Northern Ireland Assembly were sitting, which is one of the peculiarities of the politics in which we live. We should not make political points on this. It is right and proper that it has been done for children across the United Kingdom who need organ donations, for which I thank the Secretary of State .

[Chris Heaton-Harris]

I thank the hon. Gentleman for his kind words. He is right that this is not a matter of politics. I know it is the family’s wish that the Bill is operational by the spring and that is what we will be able to achieve.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for introducing this Bill, and I thank Dáithí’s family, who are in the Gallery. The Bill will make organ donation an opt-out law in Northern Ireland, just as it is on the UK mainland. That is what we want: equal laws across the whole United Kingdom. As a result of the good work and commitment of the Secretary of State and the Government, we will now have an equal law. We all support an opt out on organ transplants.

[Chris Heaton-Harris]

I thank the hon. Gentleman for his kind words.

[Colum Eastwood (Foyle) (SDLP)]

I am also grateful to the Secretary of State for taking this action. I commend him and all the politicians who got us here, but does he agree that the real thanks and praise should go to Dáithí and his family for their fantastic campaign? It has been an extraordinary campaign, and they all deserve great praise.

[Chris Heaton-Harris]

Indeed. When I spoke to Dáithí earlier, I asked him whether he fancied his chances of being elected to this House and trying to put us all straight. A bit of common sense would probably go a long way in our dealings, and he and his family have displayed it in huge quantities.

Dáithí also met Mr Speaker and is now the proud owner of a Speaker teddy bear. I could make so many jokes, but I would never be called again if I went down that route. I know that he and his father Máirtín enjoyed meeting Mr Speaker. This change goes to show what can be done in politics when everybody comes together.

I will save my remarks on the technical details of the amendments for Committee, which I hope will commence shortly.

I have spoken a decent amount about the Bill’s dates and timelines, so I will conclude my remarks by noting an anniversary of which hon. and right hon. Members on both sides of the House are keenly aware—the upcoming 25th anniversary of the Belfast/Good Friday agreement. Members throughout the House will doubtless join me in celebrating the progress that Northern Ireland has made since that historic agreement, which has served as an example of peacebuilding across the world. Looking back on the signing of the agreement, and the great strides that Northern Ireland has made since then, gives me a great deal of optimism, but I am also struck by the huge importance of delivering the functioning devolved institutions that the people of Northern Ireland endorsed by voting for it.

This Government will always seek to implement, maintain and protect the Belfast/Good Friday agreement, and, as I said in my opening remarks, the restoration of the Executive therefore remains my top priority. The Bill will help to bring that about by avoiding an unwelcome election and providing space for the parties to work together to end the current impasse, but, of course, the Bill alone will not be enough to achieve that. We now need all Northern Ireland’s locally elected leaders to work together once again to make the most of the opportunity that it presents. I hope that they will take their cue from those who went before them and secured the Belfast/Good Friday agreement, and display the co-operation, courage and leadership that are needed to deliver functioning devolved government in Northern Ireland.

[Karin Smyth (Bristol South) (Lab)]

The British-Irish Parliamentary Assembly, of which I am a vice-chair, will meet for a session in Stormont in early March—led by the right hon. Member for Staffordshire Moorlands (Karen Bradley), who is not in the Chamber—bringing together people across the jurisdictions and across all parties, as happened before 1998. Those informal ties are very important, but it is also important that parliamentarians on all sides understand where we have come from and, crucially, look forward to where we are going. Will the Secretary of State endorse that aim, and encourage Members in all parts of the House to become more involved in cross-jurisdictional organisations so that we can understand each other and get ourselves out of the current impasse?

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[Chris Heaton-Harris]

Yes, 100%. The fact that people have not been able to meet face to face and build those relationships over a period is probably one of the hangovers of covid. The hon. Lady is entirely correct, although there is a different group of people I would rather see sitting in Stormont at this time, and I very much hope that that will be the case in the not too distant future.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State is right to say that Northern Ireland will succeed when our local politicians work together. We have done so in the past, and we have overcome much greater difficulties than this in the past. However, this issue is not about us; it is about what has been imposed upon us. Does the Secretary of State recognise that while all of us in Northern Ireland, collectively, will serve our people, it has been the case for too long in London that the personalities may change but the playbook does not? Too many consider Northern Ireland politics to be but a game, although for us—for all of us, across communities—it is too important to be treated as a political game. I say that in the aspiration and hope that the Secretary of State recognises that what we have had for the past few years is not good enough, and that the determination to crack the protocol and the impositions that are plaguing all communities in Northern Ireland will resolve those issues.

[Chris Heaton-Harris]

I hope the hon. Gentleman does not mind if I gently push back. I have yet to meet anyone in Government who thinks that the politics of Northern Ireland, and the people of Northern Ireland, are anything to do with a game. This Government take their responsibilities for every part of the Union, including and especially Northern Ireland, unbelievably seriously, and I hope we will be able to demonstrate that, with the hon. Gentleman, in the coming days and weeks.

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

I can give, on a personal level, the assurance that those of us who have been involved with Northern Ireland politics take it seriously. Some of us actually resigned from the Northern Ireland Office and sacrificed our ministerial careers because we cared passionately about Northern Ireland, and it is certainly not a game from the viewpoint of many of the Ministers who have served there—and most certainly not a game from the viewpoint of this Minister who resigned on principle.

[Chris Heaton-Harris]

The former Secretary of State has, in his own words, described the seriousness with which everyone takes Northern Ireland and its politics, and especially its people—and those people in Northern Ireland want their locally elected representatives to go back to work. So do I, and so, I believe, does everyone in the House, notwithstanding the tiny bit of work that we have to do with our European Union partners. This Bill will lay the groundwork for that to happen, and I therefore commend it to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

May I add my own warm welcome to our very special guest Dáithí and his family?

I now call the shadow Secretary of State.

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[Chris Heaton-Harris]

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

[Peter Kyle]

As always.

[Chris Heaton-Harris]

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

[Debbie Abrahams]

The Secretary of State will have heard my intervention on my right hon. Friend the Member for Leeds Central (Hilary Benn). Can he reassure the House on the issue that I raised about the review of the medicine Roaccutane, which was completed in 2021 but has not been published because of the Northern Ireland protocol, according to the Medicines and Healthcare products Regulatory Agency? Will that be included in any new protocol?

[Chris Heaton-Harris]

I admit that I was unaware of that case, but I like to think that we would address all the significant issues that occur around medicines in general. I am afraid that the hon. Lady will have to wait, as will everyone else, for the conclusion of the ongoing talks and negotiations.

My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) made a number of points with which I concur, and I look forward to our continued conversations. He spoke of a “Taste of Northern Ireland” event that he attended on Monday evening, which alas, because of other matters—he might guess what they were—I could not attend. I was provided, however, with some of the products that I could have tasted had I been able to attend. It must have been a very warm evening in the Jubilee Room, because most of the liquid in the bottle of Irish whiskey that I was sent seemed to have evaporated. I hope that I can have a taste of the wee dram that remains when I finish with dry February.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for his reference to the Taste of Ulster event. The distillery that presented the whiskey is Hinch Distillery in my constituency, and the Secretary of State would be more than welcome to come with me on a visit. I am sure that we can replenish that which he has lost.

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[Chris Heaton-Harris]

That is genuinely very kind of my right hon. Friend, and I add just a small sidebar to my officials: please clear the diary for 24 hours after that.

I always enjoy the contributions made by the right hon. Member for East Antrim (Sammy Wilson). I remember our weekly meetings when I was Government Chief Whip. He was Chief Whip of the DUP, and he would come in and tell me exactly what was going on. He will know that I completely understand his, and his party’s, position. In his usual timid, shy way, he reminded us of the importance of sorting out the issues with the protocol, and he is not wrong. I hope he will forgive me for gently pushing back on what he said about civil servants in the Northern Ireland Office. They are good—some of the best in Government—and if mistakes or decisions are made that he does not like, that is not down to them. Advisers advise; Ministers decide. Any mistakes are mine.

There were a whole host of other very good contributions, and a lot was said about a young man who is here with us, aged six, who I think will make some history today as we move forward with these proceedings.

Question put and agreed to.

Bill accordingly read a Second time.

Northern Ireland (Executive Formation) Bill

Chris Heaton-Harris Excerpts

Committee stage
Wednesday 22nd February 2023 Commons Chamber

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

It is a pleasure to see you in the Chair today, Dame Rosie, and to move seamlessly to Committee of the whole House on this important Bill. I will speak to the two short clauses comprising the Bill, and to the Government amendments selected for debate following the motion of instruction that was agreed to a few moments ago. A number of amendments were tabled that were similar in intention to the Government amendments. Based on the conversations that we have had, I would like to think that they will not be pressed to a Division, because we will get the job done.

Clause 1 amends section 1 of the Northern Ireland (Executive Formation etc) Act 2022 and section 16A of the Northern Ireland Act 1998 to retrospectively extend the period for filling ministerial offices after the elections held on 5 May 2022 by a further 52 weeks, so that it applies from 19 January 2023 until 18 January 2024. That means that if the parties are unable to form an Executive on or before 18 January 2024, I would again fall under a duty to call for an Assembly election to take place within 12 weeks. The clause also provides the Secretary of State with a discretionary power to propose a date for a poll at any time within the extended period for Executive formation. Clause 2 is consequential and concerns the Bill’s extent, commencement and short title.

The Government amendments all relate to organ donation in Northern Ireland, were tabled ahead of Second Reading, and were selected for consideration by the Committee on foot of the Government’s motion of instruction a few moments ago. I will speak chiefly to Government new clause 2, as the remainder of the amendments are simply consequential. New clause 2 and its consequential amendments would insert a new clause to amend the procedure for making regulations under section 3(9)(a) of the Human Tissue Act 2004 while no Presiding Officer or deputy is in post. This change would mean that the relevant regulations would be subject only to the negative resolution procedure by the Northern Ireland Assembly.

In short, the clause and its consequential amendments would allow for the regulations needed to give effect to Dáithí’s law without need for the election of a Speaker. Obviously, I want an Assembly in place, which could have done this, but as hon. Members from across the House have said, this issue is so important that it warrants an exceptional intervention from the Government. I therefore hope and expect right hon. and hon. Members to support the five Government amendments, and to allow the Assembly to take Dáithí’s law across the line. I stress the word “exceptional” once again. It continues to be my sincere hope that we will see the return of the institution sooner rather than later.

My short remarks reflect the length of the Bill, but I hope that I have provided the Committee with sufficient detail on what the Government are seeking to do through it, and through the amendments that we have tabled. I look forward to hearing Members’ contributions, and will endeavour to respond to as many points as possible when I wind up—shortly, all being well.

[Tonia Antoniazzi (Gower) (Lab)]

It has been only a few minutes since I last spoke about the Bill, but I am sure that colleagues are delighted to hear from me again. Joking aside, the swift passage of this Bill is an essential step to getting a fully functioning Executive in Northern Ireland, which, as we have heard from colleagues from across the House, is desperately needed. In my role as shadow Minister, I am starting to feel a little as though it is groundhog day: I again find myself offering cautious support to a Bill from the Northern Ireland Office—a Bill that we are discussing only because of the failure to form an Executive in Stormont, and that should not need to come before this House at all. The people of Northern Ireland are contending with a vast democratic deficit that must be rectified. I sincerely hope that this Bill is the last of its kind that we discuss in this House.

The shadow Secretary of State, my hon. Friend the Member for Hove (Peter Kyle), has already offered our support for Dáithí’s law—a shining example of what can be achieved when devolution in Northern Ireland is working, and a reminder of what its dysfunction can delay. Dáithí’s law should have passed months ago at Stormont, but I am proud that we are making it a reality today. It is possible only because of the dedication of campaigners from across communities in Northern Ireland, who have shown how powerful their collective voices are. I again pay tribute to their unending energy and drive to ensure that this law becomes a reality.

Tradition says that a shadow Minister’s speech should end with a final line directed at their opposite number on the Government Benches, but mine will not do that today, because, frankly, I think the Minister has got the message. I thank Dáithí, who is an inspirational little boy. I am not sure he knows yet quite how much of a difference he and his family have made across Northern Ireland. Frankly, he has made history.

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[Chris Heaton-Harris]

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

I thank my officials and others for their help with this legislation.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Mr Deputy Speaker (Mr Nigel Evans)]

Congratulations, everybody—particularly those in the Public Gallery.