Northern Ireland (Executive Formation etc) Act 2019 Section 7

Maria Caulfield Excerpts

Monday 30th September 2019 Commons Chamber

[Julian Smith]

I will talk in my speech about how we hope to make progress.

On the Floor of the House in July, the Government made plain their commitment to introducing legislation in the absence of a Northern Ireland Executive. Much progress has been made by my officials, working together with the Northern Ireland civil service to prepare all the necessary materials to do just that. On 4 September, I laid a report that sets out the progress that has been made in implementing the recommendations in the historical institutional abuse inquiry report. The House will have noted in that report that the inquiry published its findings and recommendations in January 2017. The collapse of the Northern Ireland Executive in that month has meant that the implementation of many of the recommendations has been delayed.

We should take a moment to remember that during his work on this very considerable report Sir Anthony Hart, who sadly passed away in July, showed immense compassion, empathy and determination to make a difference to the lives of victims. The inquiry he led uncovered evidence of systematic physical, sexual and emotional abuse of children in institutional care, as well as neglect and unacceptable practices in children’s homes. Thanks to Sir Anthony’s commitment, focus and sensitivity, victims finally had a voice after so many years of suffering. As one of the prominent campaigners for redress remarked,

“It was Sir Anthony who believed in victims and it was Sir Anthony who delivered the truth when others failed.”

The Executive Office is to be commended for the progress made in the absence of Northern Ireland Ministers. It prepared draft legislation in 2018 and undertook a consultation exercise which concluded in March 2019. It was with the benefit of that progress that the Northern Ireland political parties were able to discuss in detail the implementation proposals for a commissioner for survivors of institutional child abuse and a redress scheme. It is worth noting that all political parties in Northern Ireland have been supportive of the Bill. The discussions between the Northern Ireland parties on the legislation and the policy decisions required to finalise it demonstrate that there is a genuine will to reach agreement. The resulting Bill was provided by the Northern Ireland Office on 18 July and has been the focus of work in my Department to make ready everything necessary to introduce the Bill at Westminster. It is a complex Bill and those documents have required significant input from legal advisers and policy officials.

The UK Government commitment to introducing the Bill by the end of the year in the absence of a restored Northern Ireland Executive remains resolute. To answer directly the question from my hon. Friend the Member for North Down (Lady Hermon), I hope that we will have a resolution in the coming weeks.

[Maria Caulfield (Lewes) (Con)]

Does the Secretary of State recognise the frustration and distress that victims will feel when they see the Chamber so empty today, given that previous Northern Irish legislation has been rushed through all its stages in one day, and given that the last time the Executive Bill was in this place the House was packed with Members hellbent on using it as a tool for delaying Brexit? Will he commit, when he gets a date for the Bill, to rushing it through in the same manner as other pieces of Northern Irish legislation earlier this year?

[Julian Smith]

There are some complex issues that need debate. I know that my hon. Friend has stood up steadfastly and consistently for victims of child abuse in Northern Ireland, and I hope that we will be able to introduce the Bill in short order.

--- Later in debate ---

[Julian Smith]

My right hon. Friend knows that the Government, like the previous Government, view taking more decisions from Westminster with great caution. We respect the Good Friday agreement and want to encourage local institutions to take the decisions required.

[Maria Caulfield]

Can I gently remind the Secretary of State that periods of this abuse—between 1922 and 1995—were periods of direct rule, when this place was responsible for those children, and so while there is not an Assembly in place, this place also has some responsibility to ensure that those victims get compensation?

[Julian Smith]

My hon. Friend makes an important point. Again, we need to encourage Stormont to get up and running and we need to deliver on this legislation, and I believe that we can achieve both.

--- Later in debate ---

[Maria Caulfield (Lewes) (Con)]

As we all know, the inquiry looked into the abuse of children in 22 homes and institutions between 1922 and 1995, but abuse happened in around 76 institutions: the inquiry touched on the tip of the iceberg in respect of the children affected.

I agree with the hon. Member for Belfast South (Emma Little Pengelly): the poorest of poor children and the most vulnerable children were put in these homes and had no voice to speak out when they faced abuse, sexual abuse, starvation and neglect. I serve on the Select Committee and have heard grown men in tears, recalling what happened to them as children and feeling voiceless and helpless once again. It was bad enough to be a child abandoned in a home with no one to look out for them and to have to face what they faced, but it is heartbreaking for them to reach adulthood and still be in a situation where no one seems to want to listen to what they have been through.

As I have said previously to the Secretary of State, many of the cases of abuse took place during a period of direct rule, when this place was responsible for those children. From an administration point of view, the Assembly should be responsible for a compensation scheme, but this place has a responsibility to look after those adults now and pay them compensation, which will in no way take away the pain they endured but will at least be recognition of what happened to them.

It is heartbreaking that Sir Anthony Hart, who led the inquiry—who was the only voice that many victims had for years—has not lived to see the victims get compensation. Tribute should be paid to the head of the Northern Ireland civil service, David Stirling, who has taken up the mantle, prepared the legislation, put it before the Secretary of State and asked the Secretary of State and his predecessor to bring it forward in this place so that people can get the compensation they deserve.

I agree with my hon. Friend the Member for North Dorset (Simon Hoare): I will be deeply upset—I cannot emphasise enough how upset I will be—if the legislation is not in the Queen’s Speech. It is just not good enough to say that it will be passed by the end of the year; it needs to be passed by the end of October. We in this place sat for one day to pass legislation on the renewable heat incentive and the Northern Ireland budget, and to pass the Executive formation Bill. If we can do those measures in a day, why cannot both Houses do this legislation in a day?

When the Executive formation Bill went through the other place in a day, an amendment to bring forward the legislation for institutional abuse victims was dropped. I do not decry the importance of equal marriage or abortion—I do not want to get into those debates—but the Northern Ireland (Executive Formation etc) Act 2019 allowed the introduction of legislation and gave that legislation a date, but that was not the case for historical institutional abuse. Why? I feel that, under the radar, historical institutional abuse was being used as a tool in the talks about getting the Executive back up and running, such that if other parties came back to the table legislation would be passed pretty quickly. It is outrageous if that was the case.

These victims should be our No. 1 priority—way ahead of the renewable heat incentive, budgets and Executive formation. These people have lived for 70 years with the abuse that they suffered at the hands of institutions. The legislation has cross-party support, both in this place and in Northern Ireland. It is our duty to make sure that legislation happens. Thirty victims have died already. Nearly every day another victim dies.

It is very much welcome that an interim advocate is now in place, but survivor groups have done much of the work on their own for years, without funding and administrative support. Many survivors have travelled to inquiries and had to pay their fares themselves. They have travelled a number of times to Select Committee hearings and paid their air fares. They have supported other victims. Some have never disclosed to family and friends the rape, abuse and torture that they experienced as children. Fellow survivors are the only support they have and we are providing no funds and no administration for people to carry on their essential work. A small amount of funding is provided by the Executive Office, but that runs out in March. Even if we pass the legislation tomorrow, it will take years to compensate all the victims. So far, only 500 victims have come forward as part of the inquiry; it is estimated that there are at least 2,500 victims, and that could be just the start of things. The only support they have is the victims groups. We need to support them properly. It is not fair to ask fellow survivors to be doing the heavy lifting when it comes to getting compensation for all those affected.

I have three asks of the Secretary of State. First, although the interim advocate is welcome, we need to fund the survivor groups properly and give them the support that they need. Secondly, we need a legislation date in the Queen’s Speech and, even though it is mentioned in the Queen’s Speech, we need legislation delivered by the end of October. There is no rhyme or reason why that cannot happen. If there is a general election in November or December, the legislation will fall. How much longer will these people have to wait? If we are serious and want to work together across party lines, we need the legislation to be delivered by the end of October. If we do not set a date, it will never happen.

Finally, we need to look at the support for all the victims. Many have not come forward, and many who do come forward will relive the horrific experiences that they went through as children. We cannot expect them just to apply to an administration fund and ask for some compensation, and then leave them with the consequences of having to disclose to friends and family what they have been through. We have let these victims down. Even if we act now, there is still a legacy. They will have to live with the incompetence of this place and of the Assembly. We have to take up the mantle. We are all that is blocking people getting their compensation. We need to take that responsibility seriously.