Northern Ireland (Executive Formation etc) Act 2019 Section 3(5)
Debate between Robin Walker and Gavin Robinson(4 years, 6 months ago)
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Mr Walker
My hon. Friend is absolutely right. As we heard from the hon. Member for North Down (Lady Hermon) at the beginning of the debate, the legislation is already proceeding in the House of Lords, but I have undertaken to write giving more details about the timetable, and I am happy to repeat that undertaking.
Concerns have been raised about supposed backstreet abortions. We should be very clear that repealing criminal offences specifically relating to procuring abortion does not repeal other relevant criminal laws that exist to protect individuals. Medical procedures are carefully regulated and have to be carried out, as has been noted, on regulated premises with appropriate quality and care oversight. The guidance we published should help to support that.
The repeal of sections 58 and 59 of the Offences against the Person Act 1861 means that women who take pills without prescription and medical supervision will be able to seek assistance and proper aftercare treatment without fear of prosecution. It will remain an offence under medicines legislation to sell or supply abortion pills online without a prescription. It is also an offence to carry out an abortion where the child is capable of being born alive except where it is necessary to save the woman’s life.
As I said in my opening remarks, we will enhance the travel scheme to enable more women to access services free of charge in England and Wales. The point was made that this is not an ideal situation—it is not a situation that anyone wants to persist—and that is why, in answer to the question asked by the hon. Member for Belfast East, services will be available under the framework after March 2020, as required by the law. That is an issue we intend to address. I would say, however, that we believe that the net effect will be to reduce the number of women who might otherwise seek a termination without adequate and appropriate medical assistance; I think Members across the House will welcome that.
Mr Walker
I will not be able to answer all the hon. Gentleman’s questions, but I undertake to write to him after this debate and to try to come back with more details on that front.
The hon. Gentleman also raised the important issue of veterans, and I am certainly happy to respond on that. We are clear that the current system for dealing with the past is not working well for anyone, and we want to see more progress on this issue. The Government remain fully committed to finding a solution for dealing with the legacy of the troubles that works for everyone, and that means a solution that meets the needs of victims and survivors, ensures that members of the armed forces and the police are treated fairly, and complies with the UK’s domestic and international legal obligations.
The Prime Minister has said he wants absolutely to protect the armed forces covenant and protect our veterans, and I absolutely support him in that, and my Secretary of State has undertaken to work with the new Office for Veterans’ Affairs to ensure that we can do that in the appropriate way.
As the report notes on the sensitive issue of abortion, if the duty comes into effect on 22 October, relevant criminal law will be repealed and a criminal moratorium will come into effect, but services are unlikely to be widely available given the policy and delivery considerations required in the following months to implement the new framework, and we are going to work at pace to ensure that the appropriate measures, including publication of further guidance and communications, are brought into effect. I absolutely commit to engaging with women’s groups in the process of the consultation period, and with the medical professionals at the forefront of this issue, making sure we get it absolutely right.
It is important that we move forward in a sensitive manner on these issues. It is clear that the time for the Executive to take this into their own hands and for the parties in Northern Ireland to shape this process is running out; only a matter of days are left for them to be able to step up and influence that process. I come back to a point that was made by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald): greater challenges have been overcome in the past by the parties in Northern Ireland being prepared to work together. I would ask them to rise to that challenge, as the House has so clearly demanded today, and to ensure that we have an Executive in place in the shortest possible order.
Question put and agreed to.
Resolved,
That this House has considered the Report pursuant to section 3(5) of the Northern Ireland (Executive Formation etc) Act 2019, which was laid before this House on Monday 14 October.
Northern Ireland
Debate between Robin Walker and Gavin Robinson(4 years, 6 months ago)
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Gavin Robinson (Belfast East) (DUP)
The Minister knows we are well known for looking forward rather than backwards, but the hon. Member for North Down (Lady Hermon) is right that the statutory instrument had been scheduled for 21 October. I thank the Minister for all that he did to ensure the provisions were brought forward to this evening. As a former member of the Bar Library of Northern Ireland—I have raised this point with him—we will be able to proceed with Queen’s Counsel appointments in Northern Ireland, something the profession has been looking forward to for some time. Individuals have had a tap on the shoulder. This is an important step to progress their professional development and appoint them to the positions they rightly deserve.
Mr Walker
The hon. Gentleman is absolutely right. He has been forthright in pressing for this to be brought forward. I am glad we are able to do so today. He says that he is looking forward rather than backward. I want to set out some context in my opening remarks, so he will have to excuse me if I look briefly backward before focusing on what the statutory instrument achieves.
The Government are committed to the Belfast agreement. At its heart is a devolved power-sharing Executive Government, and restoring that Executive remains our priority. Northern Ireland needs the fully functioning political institutions of the Belfast agreement and its successors. That being said, in the absence of devolved Government, the UK Government continue to have a responsibility to ensure good governance and that public confidence is maintained in Northern Ireland.
In November of last year, primary legislation was brought forward, which among other measures addressed the need for urgent appointments to be made to a number of bodies. The initial phase of appointments under the Act enabled: the reconstitution of the Northern Ireland Policing Board, which continues to fulfil its important functions, including the recent recruitment of a new chief constable; the replacement of the outgoing chair and board members of the Probation Board for Northern Ireland; and the appointment of a new police ombudsman for Northern Ireland.
Under the 2018 Act, the Secretary of State also gave a commitment to make further appointments that may arise in the absence of an Executive. A statutory instrument was subsequently approved by the House in February 2019, which added six additional offices to the 2018 Act. As a result of that piece of legislation, critical public appointments were made in Northern Ireland, including that of the Commissioner for Children and Young People, the Attorney General for Northern Ireland and appointments to the Northern Ireland Housing Executive. The Government maintain that it is important, while prioritising the restoration of the Executive, to ensure the maintenance of good governance and public confidence in Northern Ireland. The appointments made to date under the provisions of the 2018 Act have contributed to that.
This new statutory instrument specifies further critical offices to be added to the Act, allowing for appointments to be made that will continue to safeguard the quality and delivery of public services in Northern Ireland. In preparing this instrument, my officials have worked closely with the Northern Ireland civil service to identify those critical appointments that will arise between now and the end of the year. The instrument would add to the list in section 5 of the Act, thereby enabling the Secretary of State, as the relevant UK Minister, to exercise Northern Ireland Ministers’ appointment functions in relation to the following offices: the board of the Northern Ireland Council for the Curriculum, Examinations and Assessment; the board of the Consumer Council for Northern Ireland; the board of the Northern Ireland Transport Holding Company, or Translink as it is formally known; the Drainage Council for Northern Ireland; the Agricultural Wages Board for Northern Ireland; the board of National Museums Northern Ireland; the Northern Ireland Historic Buildings Council; and the Arts Council of Northern Ireland. Those are the bodies that the Northern Ireland civil service has put forward as the most critical at this time.
As has been raised, the instrument would enable the Lord Chancellor to make Queen’s Counsel appointments, a matter whose urgency has been raised a number of times in this House by the hon. Member for Belfast East (Gavin Robinson), the hon. Member for North Down (Lady Hermon) and the hon. Member for Belfast South (Emma Little Pengelly). These are important offices for which the exercise of appointment functions in the coming months is vital for the continued good governance of Northern Ireland. I commend the regulations to the House.
Northern Ireland (Executive Formation etc) Act 2019 Section 5
Debate between Robin Walker and Gavin Robinson(4 years, 7 months ago)
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Mr Walker
I want to come to the specific point about the information that the report does and does not contain. Clearly, as it sets out, there were concerns, given the small number of individuals involved, that to disclose their immigration status could result in some of them being identified. That was the reason the Northern Ireland civil service did not want to go further in disclosing that information. That said, the hon. Lady raises an important point: the aftercare should be there.
Gavin Robinson (Belfast East) (DUP)
The paucity of information in the report is staggering and the response about immigration status totally inadequate. It says that the Department of Justice does not hold this information and would have concerns if it did because of the limited number of people involved. The legislation passed by this House does not ask for that information from the Department, as is accepted in the second footnote where it states it would be possible for a competent authority to provide the information. We would understand that to be the Home Office. If there had been any serious intent behind the research for this report to the House, in compliance with the legislation, it would not have been much trouble to ask the Home Office for that relevant information. It is a point of concern. It has been raised by three Members now and it would be appropriate for the Minister to push back and ask for that information.
Mr Walker
I certainly take onboard that feedback from a number of Members, but it is not just that the Department of Justice in Northern Ireland does not hold that information. We recognise that another competent authority could advise on immigration status, but given the small number of victims involved—16 over three years—the concern was that information on their immigration status could make it possible to discern their identity. That is why the view was taken not to include that information in the report, but I recognise the strength of feeling, and I will reflect on it in any follow-up action.
I want to come back to the Department of Justice’s role. I have read its 2019-20 modern slavery strategy and I note the priorities of pursuing offenders, protecting victims and preventing further vulnerability to modern slavery. The nature of Northern Ireland and its structures—one police service, five health and social care trusts—and its relatively small geographical size can only help to support a truly joined-up strategic and operational response. Partnership is key to delivering that strategy, as are training and awareness, together with strong links with colleagues in neighbouring jurisdictions.
The report, which was laid before Parliament on 4 September, contains information specifically on how many times the Department of Justice has considered it necessary to provide ongoing assistance and support for victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking of human beings, under the discretionary power under section 18(9) of the 2015 Act. It also outlines the reasons the Department has decided it is necessary to provide that support. I recognise the importance of the support that is provided to adult potential victims of modern slavery under section 18 to assist them in recovering from their experiences—we should acknowledge that separate arrangements are in place for children.
It was clearly the will of Parliament that the Secretary of State should report on this issue. We have already discussed the caveats for the one area where we have perhaps been unable to report in the detail that the legislation originally specified. I will certainly take away the strength of feeling that we have already heard in the debate, and I look forward to hearing what hon. Members across the House have to say.
Oral Answers to Questions
Debate between Robin Walker and Gavin Robinson(5 years, 10 months ago)
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Gavin Robinson (Belfast East) (DUP)
The Secretary of State will understand that the natural consequence of proceedings on Tuesday was that amendments regarding Northern Ireland, the devolved regions and the border did not get the thoughtful or considered reflection that they should have. Will the Minister use his influence to ensure that, should those amendments come back to this House, any programme motion will be framed in such a way that thoughtful and considered reflections can be made during our proceedings?
Mr Robin Walker
The hon. Gentleman raises a good point. We did spend quite a lot of time discussing some of these issues during the earlier stages of the Bill. I think the amendment that was eventually passed reflected some of that debate, as well as the very good debate in the Lords. But of course these are very important issues, and we will look carefully at the programme motions for any further stages.