Draft Historical Abuse Bill (Northern Ireland)

Debate between John Penrose and Emma Little Pengelly

Wednesday 24th July 2019 Commons Chamber

[John Penrose]

I devoutly hope so. The talks have been ongoing—until last night—and I devoutly hope that they will continue. There is a sense of commitment and determination, but there is still further to go. My hon. Friend is absolutely right to point out that had there been a Stormont Assembly, most people here would have expected the MLAs in the Assembly and the Executive to have sorted this out long since, given the horrific nature of the abuse that she rightly pointed out, and that that urgency would therefore have resulted in answers and a redress scheme well before now. That is a good example of why getting the Assembly back up and running is so important.

[Emma Little Pengelly (Belfast South) (DUP)]

I thank the Minister for his response today and add my voice strongly to the calls for the Bill to be moved forward as swiftly as possible. There is deep frustration about how this matter has been handled over the last number of years. When we look at such processes all over the world—particularly involving redress—we see that there is a significant contribution from the institutions that are found to have liability. That issue has been raised here. There is concern that those conversations have not yet commenced with the institutions, as far as I am aware. A significant number of the bodies mentioned in the report are non-governmental organisations. Will the Minister outline what he is intending to do? All parties and the all-party group on this matter agreed that this process should commence as soon as possible and that there must be a contribution from the other institutions to help to support victims.

[John Penrose]

I understand the concern around this matter. Given the need to move this process at speed, we have mainly been focusing on getting the commissioner and the redress scheme outline legislation in-house, and we are going through it at speed now. At the moment, therefore, that issue has not been at the front of priorities. I take the point that it will need to be addressed, but perhaps I can write to the hon. Lady to confirm how we might take that forward. I do not want to make any commitments on what might be the right answer for that at this stage, but I hear the concerns that she and my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) raised. This clearly needs to be thought through.

Pensions for Severely Disabled Victims (Northern Ireland)

Debate between John Penrose and Emma Little Pengelly

Monday 22nd July 2019 Commons Chamber

[Emma Little Pengelly (Belfast South) (DUP)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if she will make a statement on the eligibility criteria for the pension for severely injured victims.

[The Minister of State, Northern Ireland Office (John Penrose)]

I am delighted to have the opportunity to respond to this urgent question and to clear up some worrying misconceptions that have been circulating over the weekend. Before I do, the more observant here today will have noticed that I am not the Secretary of State. She is at Stormont, where discussions are ongoing. I am sure we all wish those discussions every success.

I am happy to confirm that it remains the Government’s position that, while it is right and proper to provide a pension for victims of troubles-related terrorist incidents, it should not become a pension for terrorists. There is no moral equivalence between a bystander badly injured in a terrorist explosion through no fault of their own, and the people who manufactured the bomb, placed the bomb and detonated the bomb. I therefore happily confirm to the House that under the Northern Ireland (Executive Formation) Bill, which we debated last week and the week before that, if the Stormont Executive is not reformed by 21 October we will bring forward regulations to ensure a victims’ payment scheme is in place in Northern Ireland by the end of May next year. The eligibility for the scheme will reflect the basic principle I have just outlined.

There will be many important and sensitive details to work out. We will do that in discussion with the Northern Ireland political parties as the regulations are written and developed, but the foundations will be as I have described. I am delighted to have the opportunity to put that on the record here today.

[Emma Little Pengelly]

First, let me thank you, Mr Speaker, for allowing this urgent question—it is very much appreciated. I can, with confidence, extend the thanks of the many, many victims in Northern Ireland, who were deeply distressed by the recommendation over last week and the weekend. It proposed that the person who went out to murder, maim and cause hurt would also be eligible for this pension if in doing so they injured themselves.

Sadly, an appalling moral corruption lies at the heart of victims-related issues in Northern Ireland: the repugnant proposition that equates a victim with their victim makers. The hallmark of any peace process should be how we treat our victims. Sadly, too often—time and again—victims are being asked to compromise; to get much-needed help and support, they have to facilitate and allow those victim makers to get it also. That is fundamentally wrong.

Many challenging and difficult issues relate to the legacy in Northern Ireland, but we must never lose sight of what is right and what is clearly wrong. Therefore, I warmly welcome the clear statement from the Minister today that eligibility for this special pension will not extend to those victim makers—those terrorists who planted the bombs. This has caused deep distress for many, many years, particularly during the last week. Will the Minister outline when those people will be excluded? What immediate next steps is he intending to take to bring in this much-needed pension swiftly, and give those victims and survivors the help they need?

[John Penrose]

First, I am delighted to hear that we are so strongly on the same wavelength. I refer not just to the hon. Lady and myself; as she rightly pointed out, this is a widely shared view on all sides of the community, both in Northern Ireland and, more broadly, right the way across the UK. I am glad that we are in the same place on this issue.

The hon. Lady asked about the timetable. Their lordships are considering the final stages of the Bill and so, technically, it has not quite cleared Parliament yet. Once it does and it is law, we will, in effect, work backwards from the due date at the end of May—it will then be laid out in statute—with, if necessary, a series of discussions, consultations and whatever it may be to get the necessary regulations in place in time. In the meantime, we will be making sure we have time to have conversations properly and carefully on these extremely sensitive, carefully approached issues, which will need to be addressed to get this right.

Northern Ireland (Executive Formation) Bill

Debate between John Penrose and Emma Little Pengelly

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Vicky Ford]

rose—

[Emma Little Pengelly]

rose—

[John Penrose]

I will give way to my hon. Friend the Member for Chelmsford (Vicky Ford), and then to the hon. Member for Belfast South (Emma Little Pengelly), but then I must make progress.

[John Penrose]

I am not sure that I have time, but I could go through other technical concerns. That is only one of the potential issues—there are broader points that would need to be fixed. But the question is whether or not the House is interested in the principle here, I suspect, on a free vote.

[Emma Little Pengelly]

Is it not the case that the way in which new clause 10 is drafted is very broad and covers all the recommendations? There are many technical issues in those recommendations and there are many policy questions that need to be asked. It is wholly inappropriate that that should happen by regulation, with no scrutiny or process to decide what the policy should be on each and every recommendation.

[John Penrose]

As I mentioned in my response to new clause 1, it is entirely probable that it would not be possible to achieve this by October at all and, when we made those changes more broadly for the rest of the UK in previous years, that was done by primary legislation, not secondary legislation. The hon. Lady makes a valid point. I want to make sure, as people reach principled decisions on an issue of conscience, on a free-vote issue on both sides of the House, that they are aware of the technical concerns so they are making an informed principled choice as well.

I will move on to new clauses 4 and 8; I am trying to pick up speed so that I do not run out of time. These new clauses would oblige the Government to schedule a debate on the issue of progress towards meeting international obligations in relation to the reproductive rights of women, and on the issue of progress towards implementing marriage for same-sex couples in Northern Ireland. I have already mentioned that the Government intend to make an oral statement to accompany the report under clause 3. I hope that people will be comfortable with that and that the Opposition Front-Bench team will feel able not to press those amendments.

I will now move on to victims’ pensions. Amendment 10 and new clause 2 commit the Government to publishing a report on progress towards preparing legislation implementing a pension for those seriously injured in the troubles, and for that report to be debated in Parliament. This is a very important issue and the UK Government take it very seriously. That is why the Secretary of State requested updated and comprehensive advice from the Victims’ Commissioner, which we have recently received. The completion of that advice represents an important step in taking forward a pension for victims of the troubles. The Northern Ireland Office is therefore undertaking detailed work on the next steps, based on that advice, with factual input and support from the Northern Ireland civil service. We will keep the House fully updated on progress and we will therefore be accepting amendment 10 to provide a report on those issues.

--- Later in debate ---

[John Penrose]

I should probably start by formally begging to move that clauses 1 to 4 stand part of the Bill. If I do not say that, bad things will probably happen and we will not get to the important part of our proceedings.

I begin with the four amendments tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), which would require the first progress report under clause 3 to be made on 4 September, not 21 October. As he mentioned, fortnightly reports would then be required from 9 October until 18 December if an Executive had not been formed. Any report under clause 3 or any regulations under clause 2 would be subject to an approval motion in this House and a “take note” motion at the other end of the corridor.

The Government agree that Parliament must be kept closely informed of progress towards restoring an Executive in Northern Ireland, which is precisely what clause 3 provides for, and we are willing to consider or accept various other reporting obligations, as I made clear in response to the earlier group of amendments. I continue that good will and positive approach under this second group of amendments.

Given the fundamental importance of these issues, I am happy to confirm that we accept my right hon. and learned Friend’s amendment 14, on the progress report to Parliament on or before 4 September. However, I have to disagree with him and oppose his other amendments.

The requirement for regular fortnightly reporting throughout the autumn, subject to a vote on each occasion, would simply be an excessive and unnecessary procedure. I also note that the requirement for fortnightly reports and motions would attach to many of the other reporting obligations on different topics that hon. and right hon. Members seek to add to clause 3. The amount of parliamentary time we booked up throughout September and into the autumn, should the Executive in Stormont not have been created, would start to mount.

I appreciate that what lies behind my right hon. and learned Friend’s amendments is not solely a concern to keep abreast of the progress towards restoring the devolved Government in Northern Ireland. He is very clear that his interests are a great deal broader and are primarily motivated by concerns about Brexit. We happily accept amendment 14, but, for the reasons I have laid out, I hope he will understand that we are not minded to accept his other three amendments, which I hope he will not press after he has had a chance to consider my remarks.

I thank my right hon. Friends the Members for Sevenoaks (Sir Michael Fallon) and for New Forest East (Dr Lewis) for tabling amendments 6 and 7 on veterans. There is broad agreement, after a couple of urgent questions and a couple of debates in Westminster Hall and in the House over the past month, that the current legacy system is not working well for pretty much anyone. The system has to change, and it has to provide better outcomes. The system has to ensure that everyone is treated fairly, particularly the armed forces and police officers.

The draft Bill on which we consulted last year would require a new body investigating legacy cases to do so in a fair, balanced and proportionate manner. We have just finished consulting, and we have published the responses in the past week. Interestingly, there were strong and widespread views against either an amnesty or immunity from prosecution, and both my right hon. Friends were keen, and rightly so, to make clear the difference between those two proposals and the ideas proposed in their amendments.

There is widespread concern about former soldiers being pursued by vexatious and unfair court cases 40 or 50 years after they finish serving. Amendments 6 and 7 would require the Secretary of State to report on progress towards introducing a presumption of non-prosecution, and they would require the Attorney General for Northern Ireland to produce guidance on legacy cases with a presumption in favour of prosecution in cases where a weapon had been unlawfully obtained. That is a worthy attempt to make a distinction and to unravel the tendency in some cases for people to try to create moral equivalence between terrorists and Her Majesty’s armed forces.

It is important to be clear that the specifics of the particular or associated issues that are being proposed here did not form part of the Stormont House agreement. They were not recommended or supported widely in the responses to the consultation either. There are also some other technical concerns about whether the UK Government can direct the Attorney General for Northern Ireland—I think that is problematic. In principle, however, the point is this: I intend to take the two amendments in the spirit in which I think they are intended. I think they are intended to be a valid and sincere attempt to move this issue forward.

It is time and past time that a solution was found to this issue. Whether or not the precise details of these specific proposals are approved of in all their details in the report or approved of only in part and other things perhaps brought forward instead is beside the point. The important thing is that these two reports could serve as a way to advance that cause, identify solutions and move this forward. It is overdue that we do so and I am delighted to support the amendments.

I now move on to the points made about the armed forces covenant, which several right hon. and hon. Members, particularly from the Northern Ireland Benches, put eloquently and with great passion. I am dealing here with new clauses 15 and 16, and amendment 18. As we have heard, the armed forces covenant is hardly a new policy and it has always extended, in principle, to Northern Ireland. We continue to need to strengthen the delivery of the covenant in Northern Ireland. We have heard today some concerning and sometimes shocking examples of occasions when it could and should have been applied but had not been. The principle of the covenant was formalised in the Armed Forces Act 2011. In accordance with the Act, the Secretary of State for Defence is legally obliged to publish an annual report, which sets out the key deliverables under the covenant. This report incorporates progress in delivering the covenant across the whole UK, including Northern Ireland. We also ensure that covenant delivery is kept on track through a number of committees and boards.

Everyone in this House has, as our Government and our Democratic Unionist party confidence and supply partners certainly have, consistently demonstrated a commitment to upholding the principles and universality of the covenant, which is evident in the work reported in each of the annual reports laid in the House. We will continue to report progress to Parliament, we recognise our commitment to our confidence and supply partners to have full implementation of the armed forces covenant across the UK, and we are committed to looking at further legislation if that is required.

Amendment 19 and new clause 18 relate to the definition of a “victim” and stand in the name of the right hon. Member for Belfast North (Nigel Dodds). The definition of a victim is laid down in legislation—the Victims and Survivors (Northern Ireland) Order 2006, which is the responsibility of the Northern Ireland Assembly. As a devolved matter, any change to this definition would need to be agreed with the parties in the Executive and, ultimately, by the Northern Ireland Assembly. The Government recognise that the definition of a victim is something that a number of right hon. and hon. Members have campaigned on for a number of years, and we commit to looking UK-wide at how we can make sure the victims are duly recognised and protected in law. I hope that, with this commitment and the one I made previously, the right hon. Gentleman is willing not to press his amendment.

[Emma Little Pengelly]

It is important to highlight what I believe is not an accurate description of the legal position. The 2006 order refers only to matters pertaining to the Commissioner for Victims and Survivors in Northern Ireland. There is no general definition of victim, and our argument is that a victim in Northern Ireland is the same as a victim across the UK. Sadly, there are many victims of terrorism across the UK, and this should rightly be a matter for the British Government, to be legislated on here.

[John Penrose]

I hope that the commitments I have just made and the words I was able to adduce have reassured the right hon. Member for Belfast North and his colleagues, and that on that basis they will be willing not to press their amendments. I think we are in agreement on the issue, but I am sure they will intervene on me if not.

Finally, let me turn to amendments 21 and 22, to which my hon. Friend the Member for Congleton (Fiona Bruce) spoke briefly and eloquently late on in our proceedings. The amendments would require reports on gambling and the progress towards looking after gambling addicts, and on people who were victims of human trafficking. On the basis that we have been willing to consider other reports, I am of course willing to respond to that request and to accept the amendments.

I hope we have managed to dispose of the various amendments in reasonably good order, that everybody will treat the Government’s approach to those amendments in as constructive and positive a way as possible, and that we will therefore be able to dispose of the remaining business in Committee easily and straightforwardly. I therefore wish to do something quite unusual for a politician, which is to draw my remarks to a close, stop talking and sit down.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Clause 3

Progress report

Amendment made: 14, in clause 3, page 2, line 13, leave out “21 October” and insert “4 September”.—(Mr Grieve.)

This amendment would bring forward the date for a progress report to 4 September 2019.

Amendment proposed: 6, in clause 3, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report on progress made towards protecting veterans of the Armed Forces and other security personnel from repeated investigation for Troubles-related incidents by introducing a presumption of non-prosecution, in the absence of compelling new evidence, whether in the form of a Qualified Statute of Limitations or by some other legal mechanism.”—(Dr Julian Lewis.)

The subsection would include placing a duty on the Secretary of State to report on the options available to ensure that veterans of the Troubles would be able to assist in a truth recovery process, for the benefit of bereaved families, without fear of prosecution.

Oral Answers to Questions

Debate between John Penrose and Emma Little Pengelly

Wednesday 3rd July 2019 Commons Chamber

[Mr Speaker]

Order. I call Emma Little Pengelly.

[Emma Little Pengelly (Belfast South) (DUP)]

The Belfast city deal has huge potential to bring investment and economic growth to Belfast and the wider region. Will the Minister outline in a little more detail what discussions he has had with the head of the civil service and with the city councils about getting those projects to implementation stage? When does he anticipate that the first project will be rolled out?

[John Penrose]

The difficulty is that city deals are by definition local initiatives. We can lay foundations, but they need to be taken forward by local partners and local councils. Also, ultimately, as soon as we get the Stormont Executive re-established, they will have to have an essential role in this. Although we are making progress as fast as we decently can—so are local councils—we are ultimately also dependent on the progress of the talks.

Northern Ireland Executive

Debate between John Penrose and Emma Little Pengelly

Tuesday 23rd April 2019 Commons Chamber

[John Penrose]

I share the frustration on both sides about this issue. We need to be extremely careful. It may be clear to one person on one side of the House, or to another person on the other side, that a particular Department in the Northern Ireland civil service is acting to the full extent of its powers or perhaps drawing back a little further from using those full powers, but the point is that at some stage, that becomes a political judgment rather than a professional civil service judgment. When it becomes a political judgment, the answer at that point, of course—as many people on both sides of the debate have rightly said so far this evening—is for there to be an Executive at Stormont and for the devolved Assembly to come back into play. Ultimately, until that happens, the judgment of the civil servants has to be just that—within the scope of the Act. It is very hard for politicians to say that this civil servant is doing a good job and that civil servant is doing a bad job unless we get the politicians in place in Stormont who have the natural legal locus and the democratic mandate to do so.

[Emma Little Pengelly (Belfast South) (DUP)]

Although the Minister has stated that this could become a political judgment in terms of civil servants, the reality is that the law is there. There are parameters around the exercise of the powers given within that legislation. We would like to see consistency in the discretion that each of the permanent secretaries or senior civil servants has. I asked the Secretary of State on a previous occasion to consider looking at guidance being issued to permanent secretaries to get that type of consistency. What all of us are finding at the moment is that there is a disparity in the way that permanent secretaries and civil servants are operating the powers that they have been given objectively in the Act.

[John Penrose]

I accept that there will be different views about whether some Departments are using those powers to their full extent and others are not. To coin the phrase used by the hon. Member for Ealing North (Stephen Pound), who spoke for the Labour party, we are being asked to tread down a primrose path in saying that this particular part of the Northern Ireland civil service is using those powers to its full extent and this one is not. Ultimately, this has to be something that is decided, led and ultimately arbitrated by the devolved Assembly and devolved Ministers. All of us feel this frustration, but it is becoming a rather circular argument if we say that we should be trying to push them one way or the other. We have to set those rules, but ultimately, if people are not happy with the way that they are being applied, provided that they are being used within the rules of the law that we have set in the EFEF Act it is then up to the Northern Ireland Assembly. I am afraid that it is as fundamental, as simple and as difficult a truth as that. The only answer is for the Northern Ireland Assembly to come back.