Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 9th November 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Northern Ireland Affairs Committee.

[Simon Hoare (North Dorset) (Con)]

The Bill is welcome and, obviously, complex. Will my right hon. Friend assure me that the Government will see it through to the end, and will he confirm that this legislative proposal is very much the last-chance saloon? These are very complex, historical issues and this is the one chance that we have to try to resolve them. However, in the spirit of trying to build compromise and consensus, will he and the Government keep an open mind about cross-party amendments in the other place?

[Chris Heaton-Harris]

I am quite sure that the Bill is the last legislative vehicle with which any Government will try to address this problem, so it is very important, and it is incumbent on me as Secretary of State, to ensure that we use all the time that we have to improve the Bill, in such a way as my hon. Friend suggests. And yes—I am listening to all parties and all the consultees we talk to, and I am going out to visit victims and victims’ groups in Northern Ireland to try to gauge better what sort of amendments will improve the Bill.

Identity and Language (Northern Ireland) Bill [Lords]

Simon Hoare Excerpts

Wednesday 26th October 2022 Commons Chamber

[Jim Shannon]

I will make that point very clearly. My hon. Friend is right. That is our plea to the Minister. He and I entered this House together in 2010. We were good friends from the very beginning and we still are, but in the spirit of our good friendship, I suggest that we need some understanding of our point of view, and we are not convinced we have that at the moment.

[Simon Hoare (North Dorset) (Con)]

May I say very politely to the hon. Gentleman that I have had conversations with the Minister of State about the Bill. My hon. Friend understands the Bill and the issues completely; I share his understanding and think the Bill is fine as it is. Does the hon. Gentleman agree with me—my hunch is that he will not—that often when people say that somebody does not understand, what they mean is that that person does not agree with them, and until that person does so, they will continue to allege that that person does not understand?

[Jim Shannon]

The hon. Gentleman has a point of view that it will not surprise him and many others to hear I disagree with. When we say the Minister may not understand, we mean that we feel that he has not grasped as we have what the Bill will mean to those of an Ulster Scots persuasion, like me. It is not that we are anti-Irish language. What we want is parity and equality in the Bill. Perhaps the Chair of the Northern Ireland Affairs Committee will appreciate that.

The drive to put a political weaponised language Bill before other needs during this cost of living crisis sends the message to people throughout Ards and North Down—96% of whom have no knowledge of Irish and 12% of whom have Ulster Scots knowledge—that they do not have parity and their needs are not paramount. That is the issue. The Government must carefully consider the messaging, because at the moment it is simply wrong, and if it is wrong, it has to be righted. The Bill is set to go forward regardless of timing, so I will speak to the changes to the Bill that are imperative if it is even to come close to being accepted by the people of the Province.

We all agree that the two commissioners—the Ulster British commissioner and the Irish language commissioner—should be of equal value to their respective communities, and that to secure that goal they should have different functions. Not only have we agreed this; we have insisted on it. In arguing that different commissioners should have different functions, with the objective of their being of equal value to their communities, it is plainly essential that the enforcement powers of both in respect of their different functions should be equally robust in engaging that which they also have in common—exactly the same group of public bodies. There are around 70 of them and the idea is that they follow guidance issued by the two commissioners with respect to their different briefs.

There is a serious problem though. The Bill before us today places a statutory duty on those 70 public bodies to have regard to what the Irish Language commissioner says, but places no such obligation on them to have regard to what the Ulster Scots commissioner says. What is the point of a commissioner whom public bodies can ignore? That is the straight question I put to the Minister of State. In the context of a cost of living crisis, can the Government justify spending money on creating an Ulster Scots commissioner whose representations public bodies can ignore? Why would anyone want the job of a commissioner whom all the public bodies could ignore if they so wish?



What conclusions might people from that community draw about how the Government view the importance, or lack thereof, of the community that the Ulster British commissioner is supposed to serve? They would know that they were less than second class, whereas if they had been denied a commissioner altogether, at least everyone would know that they were being discriminated against, and they would not have to suffer the indignity of being made to look as if they were being treated as equal to the other community, when everybody knows that they are not. Today, the Ulster Scots community is not.

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[The Chairman of Ways and Means (Dame Eleanor Laing)]

I call the Chair of the Northern Ireland Affairs Committee.

[Simon Hoare]

It is a pleasure to follow the hon. Member for Strangford (Jim Shannon). I was not intending to speak in this debate, but I suddenly realised that I probably owed the Committee a small apology in that I was not able to take part in the Second Reading debate, due to having been called home for a reason.

If I may, I want to put on record my support for the Bill. It has been a long time coming, and I think it is laudable for His Majesty’s Government to bring it forward. Too often, when we have seen agreements that are part of moving the dial on Northern Ireland or of resurrecting the Executive, the agreement is seen as an event that does the trick and then gets forgotten. This was a very key part of New Decade, New Approach and the Government are right to bring it forward.

It will come as no surprise to the hon. Member for Strangford that I do not see the Bill as being an opposed to Unionists, glass half-full, Conservative Government attack, which is how he sees it. If we start from the premise that no Bill is ever perfect, any fair reading of the Bill shows that it effectively addresses the two sides of the same coin in a way that respects two different traditions and the people who have advocated for those traditions. It is an issue that has been too long neglected, and it is wise and right that the Government should do this.

I make the point, which I would certainly have made in my Second Reading speech, that I am a Welshman who attended a Welsh high school, but at a time when South Glamorgan County Council said that Welsh was a dying language, so we learned it for a year and then it was dropped. When I return to Wales, which has seen a renaissance of the Welsh language, I wish I could take part in those conversations, and I feel as though a piece of the cultural jigsaw is missing.

If we are Unionists, we do not have to be uniform. Part of the great strength of our United Kingdom comes from the cultures, the language, the music, the literature, the poetry and all those things that make us such a strong and attractive geopolitical force in the world. One does not have to be uniform to be a Unionist, and we should be celebrating those differences and those traditions.

[Mr Robin Walker (Worcester) (Con)]

rose—

[Simon Hoare]

Of course, I give way not only to a distinguished former Minister, but to the newest member of my Committee.

[Mr Walker]

I thank the Chair of the Committee, and it is a pleasure to intervene on him. Further to his point, would he agree that Unionists and, indeed, Northern Ireland Presbyterians played an important part in the resurrection of the Irish language in the late 19th century and own some of that culture themselves? It was Unionists who insisted, in the NDNA negotiations, on having the Ulster Scots and Ulster British tradition commissioner as part of this, and we would of course like DUP politicians to be able to have a more direct say in it. They must do that by getting back into the Executive and back into the Assembly, and they could have delivered this law themselves.

[Simon Hoare]

My hon. Friend, as always, is absolutely right. Just as the Welsh language is not owned by Plaid Cymru or Welsh nationalists, so neither is the Irish language so owned. I think it is testimony to the commitment to the history and traditions of our country that Sir Wyn Roberts—the noble Lord Roberts of Conwy, as he then was—put the Welsh Language Act 1993 on the statute book under John Major’s premiership.

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[Sammy Wilson]

Anyone listening to the speech that the hon. Gentleman has made so far might get the impression that somehow the Irish language is given no status in Northern Ireland at present, that this Bill is requires for that, and that Unionists have been reluctant for that to happen. Does he not accept that hundreds of millions of pounds are already spent on Irish language promotion in Northern Ireland—from Irish language broadcasting to Irish language education, Irish language street names and Irish language festivals? We already spend money on a whole range of things, so it is not right to give the impression that there is not promotion or facilities for people to speak Irish, learn Irish and appreciate their Irish culture.

[Simon Hoare]

I am sure that the right hon. Gentleman enjoys all of those things that he has set out to the Committee that relate to the Irish language, but that was not the point I was making. It was about official recognition, status and the underpinning via the commissioners in this Bill, which I hope will not be amended—I say that to the supporters of all the different amendments. I hope the Bill goes through unamended and that they will not press those amendments to a vote. This is about the status and the role of the commissioners, which I think will help with the delivery of New Decade, New Approach. This Bill is important to a lot of people, and I support it.

Let me close by reiterating this point. The hon. Member for Strangford can make many criticisms of the Bill—this is a democratic House, and we are entitled to support and criticise as much as we like. However, the Committee will know that my hon. Friend the Minister and I are not necessarily known for being on the same page of the same hymn book at the same time—very often, we are singing entirely different hymns in entirely different keys, but at precisely the same time during the same service—so when unanimity breaks out between us, I am not quite suggesting that the bunting should be put out, but I think it is something we should note.

Frankly, I think it is unfair of the hon. Member for Strangford to say that my hon. Friend the Minister does not understand the Bill. If there is one thing we know about my hon. Friend, it is that he reads every document put before him, as a Minister, as chairman of the European Research Group and as a Back Bencher. He is annoyingly knowledgeable about the minutiae—my hon. Friend the Member for Worcester (Mr Walker), who served with him in the Department for Exiting the European Union, nods in a way that shows the scars are just about healing. To suggest that the Minister does not understand the legislation he is bringing to the Committee is a totally unfair attack on him.

[Jim Shannon]

This of course is not about friendships; it is about actions and about what is right. What is not right in this Bill is that the Ulster Scots commissioner has not been given parity with the Irish language commissioner, and the issue for us is to have parity. If it is going to be right, let us have it right in every sense of the word. This is not about friendships, or about being bosom buddies again; it is about getting it right.

[Simon Hoare]

The hon. Gentleman misconstrues what I am saying. My support for the Bill is not based upon the fact that the Minister is an hon. Friend in party political terms. I heard the hon. Gentleman say that the Minister does not understand the Bill and that the Government, whom I am proud to support, seem hellbent on appeasing people who are in a politically different place from him. He suggested that the Minister was kowtowing, if one will, to a Sinn Féin agenda.

I have suffered some unfair and untrue brickbats from hon. Members over the time I have chaired the Committee. I say politely to the hon. Member for Strangford that it has to stop. This is New Decade, New Approach, and the Government are trying to move things forward with fairness and equity, respect and support for all of those whom the Government recognise as citizens of the United Kingdom. That is the central mission. That is what underpins New Decade, New Approach. That is the bedrock of the Bill. It has my wholehearted support.

[Ian Paisley (North Antrim) (DUP)]

Thank you, Dame Eleanor, for calling me in the debate. Its focus has already tended to drift towards the issue of language, but the Bill is about identity and language. I want to comment specifically on identity and the amendments that affect that.

Identity is a pithy matter. It is not so easily defined, and it affects us all in very different ways. Dame Eleanor, you have been to my constituency on many occasions. You will know that if you go to the townlands of Dunseverick or Ballintoy and raise your eyes to the horizon across the great Dalriada bay, first and foremost you will see Scotland—the outlan of your home nation. At the same time, standing in that part of my constituency, Belfast, the capital city of Northern Ireland, is almost 70 miles away. The capital city of the Republic of Ireland, Dublin, is about 160 miles away—some might say that it is 160 light years away. The identity of that part of my constituency, which infuses itself in the people of my constituency and those of that northern corner of Ulster, is a strange mix of Ulster and Scot; an identity that is unique.

If we are to deal with the protection of an identity, we need to get back to what the law states. The law in Northern Ireland is about protecting heritage, culture and equality; it is not a single-minded thing just about language.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Simon Hoare Excerpts

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

I am grateful to my right hon. Friend. The hon. Member for North Antrim (Ian Paisley) is right to point to the cross-party nature of proposals. Amendment 85, in my name, addresses this issue, but amendment 115 really should be unarguable. I hear precisely what the Minister says—that the Government believe something—but he recognises the seriousness of the crime and there is a firm belief that sexual intimidation, sexual violence and rape were used as a tool of intimidation and criminality during the troubles. For the sake of clarity and the peace of mind of those who are concerned about this issue, I hope that the Government could move on it. That would provide peace of mind on a point of argument which, frankly, should not be an argument.

[Conor Burns]

I listen very carefully to what my hon. Friend the Chair of the Northern Ireland Affairs Committee says. The Secretary of State and I were again discussing this issue in detail yesterday, this morning and just now, as we have done many times in recent months. The Government’s view is that sexual offences would be outside the scope of the Bill. If we need to bring greater clarity to that, we are listening and we will find a way to do that, but we believe passionately and sincerely that that is not within the scope of the Bill before the Committee today.

[Conor Burns]

I am almost tempted to let you decide who should intervene, Dame Rosie, but I will let my hon. Friend the Member for North Dorset (Simon Hoare) come back in.

[Simon Hoare]

I am very grateful. Let us be absolutely clear: nobody is doubting the sincerity on this issue of either the Minister or the Secretary of State—both are on the Front Bench today. However, belief and certainty are two entirely different things. Would it not be much better to have the provision in the Bill so that belief, certainty or whatever is immaterial? It would be in the Bill and be very clear for everybody to see. This is a very simple ask. I am not asking the Minister to do this today; I am asking for due consideration of the issue in the other place in order to provide certainty and peace of mind, which would not rely on belief or understanding of any Minister at any time. The face of the Bill is the place for the provision.

[Conor Burns]

I hear clearly what my hon. Friend says. We will need to find a way to bring greater clarity to this issue. However, I restate our view that someone coming to the information recovery body and saying that they had committed rape would not be eligible for immunity from the body for that offence. If we need to find greater clarity on that, we will find a way to do that.

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[Conor Burns]

I have great admiration for my right hon. Friend, as he knows. He and I maintained a very warm dialogue when he was Chief Whip in extremely trying political circumstances. He was sitting alongside me when I gave the Committee the commitment that we will take this away and look at it, and will seek to give reassurance and comfort to Members that what we are saying about the provisions and definitions in the Bill is soundly based, and that if we need to consider mechanisms before the House gives final assent to the Bill, we will do that.

I can say to my right hon. Friend that I am confident that we can vote for this measure this evening before it leaves this place for scrutiny in the other place, and I am confident that his fears are not grounded. I will be listening for the rest of the afternoon, and we may want to say something later on, but I am paying very careful attention to the mood of the Committee on this issue.

[Simon Hoare]

May I echo what my right hon. Friend the Member for South West Wiltshire (Dr Murrison) said? No one doubts the sincerity of the Minister. I would say to the shadow Secretary of State that we all know the processes whereby a write-round will have to take place. The Minister is in an invidious position, in that he cannot meet at the Dispatch Box the perfectly legitimate request made by my right hon. Friend the Member for Skipton and Ripon (Julian Smith). There is, I think, unity in the Committee on this issue.

It may be sensible for the shadow Secretary of State—who, I know, is an honourable and good man—not to press amendment 115 to a vote this evening, but with the absolute caveat that if the Government move away from, effectively, what the Minister has said at the Dispatch Box, an amendment will be tabled on Report, there will be a free-for-all, and the Government will be defeated.

[Conor Burns]

I have listened carefully to what the Chairman of the Select Committee has said. Ultimately, it will be up to the shadow Secretary of State and his Front-Bench team to decide what to do. I share my hon. Friend’s affection—

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[The First Deputy Chairman]

Obviously it is difficult to predict what would happen on the day. In such circumstances, Members can all agree that they wish to allow enough time for Report stage by means of shorter speeches or fewer votes. On the other hand, I understand that it is also possible for the business managers and the Government to table a Business of the House motion that could perhaps give specific protected time to a Report stage, but that would be a decision for the Government. Again, I hope that that is helpful.

[Simon Hoare]

Further to that point of order, Dame Rosie.

[The First Deputy Chairman]

I am slightly anxious that we will use the whole debate for points of order, but I will take this one from the hon. Gentleman.

[Simon Hoare]

It was my understanding, Dame Rosie, that the usual channels could alter the programme motion, but could you also confirm that when we reached the stage of what we normally describe as ping-pong, were such an amendment to be passed in the other place, we would debate it here in the context of the Government’s response to the amendment? That would also afford an opportunity for this place to accept an amendment from their lordships that the Government might still be trying to resist, although I doubt that they would. Is that not still open to us as Members of the House of Commons?

[The First Deputy Chairman]

This is something that I suggest would lead to ping-pong, as the hon. Gentleman calls it, but, again, the scheduling is not a matter for the Chair; it is a matter for the business managers and the Government.

I have a feeling that the Minister has heard all the points that have been made, and I think we should probably return to the debate.

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[Peter Kyle]

The former Secretary of State for Northern Ireland makes an incredibly important point, which has been raised with me by investigators in other situations. I say investigators—plural—because there is a lot of intense interest in this role, but if we are to get somebody of calibre interested in it, they will want to know that the work, and the legal framework for their work, is robust, credible, and will provide the foundations for work of which they as individual investigators can be proud.

Amendment 113 would involve Northern Ireland’s actors in the appointment process for the commissioners. The Bill gives vast powers to the Secretary of State. As it stands, it is up to the Secretary of State alone to appoint commissioners who will be in charge of the new body. With the greatest respect to the current Secretary of State, that concentration of power has damaged perceptions of the Bill, and it undermines its chances of support in Northern Ireland. Multiple Governments have failed on legacy issues. Simply put, there is not enough trust in the UK Government within Northern Ireland to give sole power for appointing the commissioners to the Secretary of State. Our amendment would require the Secretary of State to consult with the appointments panel before being able to appoint a commissioner. We have based the panel on the Stormont House agreement proposal. It would contain the Attorney General for Northern Ireland, a member of the Commission for Victims and Survivors for Northern Ireland, the head of the Northern Ireland civil service, and a person with experience of managing major criminal investigations, appointed to the panel by the Northern Ireland Justice Minister.

Reconciliation cannot be imposed. The Government’s proposals are supposedly based on the principles of the Stormont House agreement, but that approach was rooted in Northern Ireland and was supposed to flow from its institutions. The amendment would require those Northern Ireland institutions to approve the Secretary of State’s recommendations for commissioners. It would strengthen the independence of the commission, and provide reassurance that only candidates of the highest calibre could become commissioners.

Finally, amendment 115 would exclude sexual offences from the scope of immunity provisions in the Bill. The need for such an amendment highlights once again how the Bill has come forward without the required consultation or scrutiny. I listened to the debate unfold earlier, which was sparked by friends from the DUP and other Northern Ireland parties asking questions in support of amendment 115, and the discussion that unfolded, and I listened with some frustration. Why frustrated? It is because, for us, this debate has been going on for a very long time. I raised the point on Second Reading, when I was assured multiple times that it was not an issue, and I was reassured that Ministers would go away and consider it. I even intervened on the Minister in his summing up, to recheck whether the issue would be addressed. I was told that it was not a legal problem, and that it would be looked at once again in an open-spirited way.

I listened carefully to the Northern Ireland Affairs Committee’s inquiry, where reams of evidence was given by witnesses that criticised and said in no uncertain terms that the Bill did not exclude sexual offences from immunity. Once again, if I as shadow Secretary of State was listening, why could not the real Secretary of State and all his officials have listened too, and realised that there was a problem? I tabled the amendment and have had channels open to people responsible for such things. Nobody could have been in any doubt whatever about my intentions in the Bill, so it cannot be claimed that the problem has just emerged in this debate.

[Simon Hoare]

I absolutely concur with the shadow Secretary of State. He points to the weakness that, while Ministers have asserted one thing, too many people for comfort have got a concern about the issue, so the Bill is not clear enough and further work needs to be done. He referenced the exchanges across the Committee. I asked him this through my right hon. Friend the Minister, and I now ask him directly: cannot additional time be found through the usual channels to safeguard extra time for Report, which, to take the point made by the hon. Member for Belfast East (Gavin Robinson) would ensure that an amendment could be considered? His office and the Secretary of State’s office should be given the space and time to sort this out either through an amendment in the other place or by allowing us time to consider an amendment on Report that he and I know the House will support. However, may I plead with him not to divide the Committee on such an important and sensitive issue this afternoon?

[Peter Kyle]

I am always grateful for the hon. Member’s considered and sincere interventions. He will sense my frustration that it has come to this moment in time. In effect, he is asking me to play the role of Government party managers, Front Benchers and Ministers, who should have been considering the issues and discussing and debating them with Front Benchers, Back Benchers and the party way in advance of today. I have been designing solutions to the problem based on the work of the hon. Member’s Committee and involving victims, and it has not been done in secret. I might add that it has involved doing the hard work of going through previous legislation to see how the exact same issue has been overcome in other circumstances. We have several more hours of consideration on the Bill, so I think that we have plenty of time to come to an agreement, but it needs to be rooted in amendment 115.

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[Peter Kyle]

I certainly hear the right hon. and learned Gentleman’s gentle plea. I know what a gentle plea is, because I have been making strident pleas to the Government to address this issue for weeks and weeks. I have a way forward. Even by his own admission, amendment 115 is in the ballpark of where we are going to land, whether it is the Government or the Opposition who come up with the solution, so we should allow the amendment to pass tonight. If it can be improved upon, there is a perfect place where that can happen: the House of Lords. That strikes me as a reasonable way forward—indeed, as a compromise, because I can say with absolute assurance that members of my party in the House of Lords stand ready to work with Government Members on this issue.

[Simon Hoare]

There may be a third way, which is for the Government to accept amendment 115 today without a Division, but with the caveat that the two Front Benches will work on the wording to ensure a joint Front-Bench amendment in the other place or for our consideration on Report.

[Peter Kyle]

And we get to where we need to be. I am extremely grateful for the hon. Gentleman’s approach.

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[The Chairman]

I thank the right hon. and learned Gentleman for his point of order. I think it would be better if we just glossed over the last minute or so, with the understanding of Opposition Members who were standing to indicate their intention to speak. I will nevertheless turn my gaze back to the Government side of the Committee, as I normally would when the shadow Secretary of State has finished his remarks.

I thank the hon. Member for Hove (Peter Kyle) for his speech. I call the Chair of the Northern Ireland Affairs Committee, Simon Hoare.

[Simon Hoare]

Perhaps that was due to turning 53 yesterday or perhaps it was because I was referred to as “senior” and “esteemed”—it shows that being senior also has some other callings. I am very grateful to the Committee.

Let me make two “Second Reading points”, as I would describe them. Anybody who attended yesterday’s performance of “The Crack in Everything” from the Derry Playhouse, which was organised beautifully by the hon. Member for Foyle (Colum Eastwood), and anybody who saw the final episode of “Derry Girls”—which so reminded us of what we are talking about, notwithstanding the time differential—will know that they serve as two very painful and stirring reminders of the seriousness of these issues, the sadness that they evoke and how we need to deal with them in a very painstaking and clear way.

I am also conscious of the words of Sir Declan Morgan, who recently gave evidence to the Northern Ireland Affairs Committee about the Bill. He made a point worth bearing in mind, which is that these are not easy issues. If this issue were easy, previous Governments would have dealt with it by now, but there is not even an “it” to deal with—there are different issues, different people and different responses.

How people respond is entirely individualistic, but given how long things have taken and how there have been patent, clear and demonstrable failures to guarantee and provide the support and closure that people need, Sir Declan made a valid point: it is this Bill, as amended, or nothing. Without the Bill, there will just be a continuation of the very unsatisfactory status quo; it is not as if there is something better out there. It might have been Stormont House. I prayed it would be Stormont House—Stormont House had the agreement—but that has not come to pass, and I think that too many years have elapsed.

Let me say a few words about the amendments in my name. The Committee will be relieved to hear that I do not propose to press them to a Division this evening. As and when the Bill becomes an Act, part of the challenge will be not in trying to garner and maximise support so much as in trying not to maximise questions, opposition and hostility. Ensuring in statute that there are five commissioners will provide the scope for those commissioners to represent a wide constituency of interests and experiences.

[Fay Jones]

The Chairman of the Northern Ireland Affairs Committee speaks about the membership of the commission. He also referred to the final episode of “Derry Girls”; the two are linked. Does he agree that, where possible, international experience ought to be brought to the commission?

[Simon Hoare]

My hon. Friend is absolutely right. I have an amendment to that effect: amendment 74, which is about bringing in one or two people with international experience, an international perspective, no particular skin in the game and a fresh pair of eyes—an honest broker, if you will. The credibility of their international experience could be drawn from the United Nations, from Rwanda or from other conflicts in places such as South Africa, where different sides have been brought together and a path to peace has been found—sometimes with baby steps, halting or retracting along the way, but slowly and surely making the progress that we wish to see.

[Bob Stewart]

I agree with my good friend the Chairman of the Northern Ireland Affairs Committee that we should have several commissioners, and I agree with their being international. As I understand it, however, the human rights commissioners are all appointed by the Secretary of State and no one seems to object. I do not really see the need for the process to be expanded beyond the Secretary of State, as people seem to accept the appointments that he has already made.

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[Simon Hoare]

My right hon. and gallant Friend makes a perfectly respectable point that is sustainable under scrutiny. I do not seek to challenge him on it.

Let me set out to the Committee the thinking that underpins my amendment 92. We are aware that all the political parties in Northern Ireland are opposed, in whole or in part, to the proposals before the Committee. We also know that a vast swathe of civil society in Northern Ireland is concerned about the Bill. I know that of itself, amendment 92 will not address all those concerns, but the argument that my right hon. Friend the Member for Beckenham (Bob Stewart) and I have heard in the Select Committee—and, indeed, as my hon. Friend the Member for Brecon and Radnorshire (Fay Jones) and other Committee members on both sides of the Chamber have heard—the Secretary of State, by dint of office, is part of Her Majesty’s Government, and state actors representing Her Majesty’s Government, in the armed forces, the security services or the Royal Ulster Constabulary, were part of that “Government machine”. A concern that amendment 92 seeks to address relates to the imprimatur, the democratic imprimatur, of a pre-appointment hearing—I was responding to the point made by my right hon. Friend the Member for Beckenham, but he seems to be about to leave the Chamber.

[Bob Stewart]

Sorry!

[Simon Hoare]

I was going to say that the imprimatur of a pre-appointment hearing by the Northern Ireland Affairs Committee and/or the Justice Committee, along with, possibly, the scope for an affirmative vote of appointment in this place, would provide an element of clear water between the Secretary of State, by dint of his or her office as a representative of the Government, and the commissioners who will be discharging such important duties. If those candidates could secure strong, hopefully unanimous but certainly cross-party and cross-community support, as represented by the parties in this place, that of itself might just provide—although there is no guarantee—a wee crumb of comfort for those who would ask, “Who identified these commissioners, who appointed them, and by what mechanism were they appointed?” In other words, this would not be an appointment arranged behind closed doors; there would be an element of the disinfecting benefits of sunlight, transparency and openness. That is what underpins amendment 92.

Amendments 77 to 82 effectively restrike a balance in suggesting that the authorities from whom information is required for the purposes of an investigation should not be able to deem what is “reasonably” handed over. That is not for them to interpret. They should hand over the whole box file, folder or whatever it might be— it might be a microfiche film—so that the commissioners and those leading the inquiries can see it all. As I have said, I am not pressing the amendments to a vote this evening, but I hope that the Government will consider these proposals as the Bill progresses.

I tabled amendment 83 because I do not think it is for the state to decide who is an “appropriate” member of the family to request a review. The amendment would allow family members to apply for a review, rather than there being a narrowly prescribed list of appropriate family members.

Amendment 84 addresses what I call the cock-up problem. Someone may have completed a form requesting a review, but may not have completed it properly. Those who look at it to see whether it gets over the first hurdle dismiss it, because there has been an administrative error on the part of the person filling it out. That person may not have had access to professional legal advice or guidance. There should be an opportunity for the commissioners to point to errors, not errors of substance but errors relating to boxes not ticked or to the language used, for instance, and to say, “Go away and make these amendments, and the request can then be submitted.” Under the Bill as currently drafted, a person makes a single application which is judged on its merits. According to my reading of the Bill, if the application fails on the basis of a technical aspect, it cannot be resubmitted.

I am not going to spend the time of the Committee rehearsing the approach to rape and sexual offences, which we have been discussing. It is set out very clearly in amendment 115, tabled by the hon. Member for Hove (Peter Kyle), although my amendment 85 is similar.

For those who are diametrically opposed to the Bill or who wonder about its article 2 compatibility, I think the courts should be able to determine that when it becomes an Act and is under progress. However, I say to the Minister that there is scope here, after a little quiet reflection, to introduce those elements of transparency and sunlight in order to deal with this. Another point relates to the proposal that if a commissioner is rendered incapable, falls ill or is taken off the case, the application for immunity could continue to be heard by that panel, but with a new voice. We would not do that in a court. We would not have a judge suddenly change halfway through. They need to hear all the evidence from beginning to end. To change halfway through would be like trying to watch a film from halfway through and to work out whether you liked it or not. The end might have been great but the start might have been hopeless, or the other way round. I do hope that the Government will give consideration to my amendment on this, which proposes that the same people should hear a review case from start to finish. If, for whatever reason, one of the panel could not do that, there would be a bit of an administrative time lag but a new panel would have to hear the case again. That could involve two of the same people, but having the same three people listen to the whole of the case is important on the ground of natural justice.

A perfect Bill? No. A Bill that has good intentions in it? Yes. I am encouraged by the response and tone not only of my right hon. Friend the Minister of State but of the other parties, and I pay particular tribute to the shadow Secretary of State, the hon. Member for Hove (Peter Kyle), who has set out his frustration very clearly. It is one that he and I share on this. There are many issues on which the House will almost take pleasure in being on different sides of the debate in a vote, but I say gently to those on the Front Bench—I know that my right hon. Friend the Minister is more than cognisant of this—that the issue of rape is not one on which we want to see political division. It is just too heinous and horrible. I say that as a husband and a father of daughters. One just does not want to be playing politics with that issue, and I think the Committee is probably with me on this.

I hope that, through the usual channels, we can find a way in which the very best of this House can be reflected on this sensitive issue. This is a democratic debate about making this right for people who vote for us, and I look to the business managers—my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), my right hon. Friend the Member for Tamworth (Christopher Pincher) and others—to ensure that we have time in this place for a proper Report stage, perhaps through an amendment to the programme motion, to give those on the two Front Benches a window of opportunity to address this important issue.

[Richard Thomson (Gordon) (SNP)]

I am sure that whatever view each of us here today takes of this Bill, from whichever vantage point, we all feel a great weight of responsibility in dealing with these matters. I am mindful of the time, so I will keep my remarks as brief as I possibly can. The Scottish National party has serious concerns about the Bill and the approach that has been taken to it in terms of its principle. I have been clear throughout, leading on this for my group, that where independent prosecutors consider that there is a sufficiency of evidence and the likelihood of a conviction, and where they judge it to be in the public interest to do so, they should still be able to bring forward these prosecutions. I am sorry to say that this Bill and the general principle behind it utterly squash that prospect. I do not intend to reprise my arguments from the Second Reading debate, except to say that we do not believe that the goal of achieving truth and reconciliation is advanced by closing down the prospect of further investigations that can be conducted to a criminal threshold, or indeed by setting aside the norms of the rule of law and the fundamental rights of individuals to seek recourse through that law.

The SNP has not tabled any amendments. We oppose the fundamental principle behind the Bill, and we do not believe it can be amended into acceptability. I am quite up front in saying that we will continue to oppose the Bill. That said, if the Bill is going to pass, which it certainly will, there are aspects on which we will join others in trying to improve.

In that vein, I place on record our very strong support for amendment 115. I heard all the dialogue with the Minister, and I do not doubt his sincerity on this for one moment. If the wheels are whirring behind the scenes on how a possible compromise might be brokered before we conclude our business tonight, all well and good. If not, I strongly urge him to accept the amendment and, if necessary, improve it elsewhere. We do not want to divide on this, but we cannot go another day without having clarity on how sexual offences will be treated under this Bill.

I listened closely to the arguments advanced for the other amendments, and we will approach the remainder of today’s proceedings on that basis.

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[Mr Baron]

rose—

[Simon Hoare]

rose—

[Gavin Robinson]

I will give way in turn to the hon. Members, and then I will conclude.

[Gavin Robinson]

I accept that and I am grateful to the hon. Gentleman.

[Simon Hoare]

I want to add to the hope of my hon. Friend the Member for Basildon and Billericay (Mr Baron), if it is of any help. To the best of my knowledge, conversations are taking place within Government and with the official Opposition to try to resolve this issue before we get to the moment of interruption. Principally that is because of the strong case that has been made by the hon. Member for Belfast East (Gavin Robinson), by colleagues and by the shadow Secretary of State, which I hope a number of us on the Government Benches have helped to augment.

[Gavin Robinson]

I do not want to sow discord or break the prospect of agreement, but I will say this to those who are outside talking about an amendment that we have signed, but who are not talking to us about that amendment: it is not just the first signatory who can ensure it proceeds to a Division. I hope there is an agreement on that amendment, but as signatories to it, should there not be an agreement, we think the Committee should divide on it.

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[Simon Hoare]

On a point of order, Dame Eleanor, the hon. Member for Belfast East (Gavin Robinson) has raised an important question in regard to who can move an amendment. Clearly it does not just have to be the principal signatory. It is my understanding—I am probably wrong, and I would welcome your guidance—that any member of the Committee of the whole House can press an amendment to a Division, even if they are not a signatory to it, so long as the amendment has been selected, which of course it has been. Is my understanding correct?

[The Chairman of Ways and Means (Dame Eleanor Laing)]

The hon. Gentleman makes a perfectly good point of order, and he is correct. We are in Committee of the whole House, and it is indeed the case that if the lead name on an amendment does not move the amendment at the appropriate time, any other Member can do so. I note that amendment 115, which is the one to which the hon. Member for Belfast East (Gavin Robinson) was referring, has five names in addition to the shadow Secretary of State’s, including the hon. Member for Belfast East and some of his colleagues. I have every confidence that if for some reason it was not moved by the shadow Secretary of State on behalf of the official Opposition, plenty of other people could move it.

I am also sure that that matter is being dealt with at this moment—from what I have seen from the debate—in the way that it ought to be dealt with. It is a matter of some satisfaction to see the House working as it should in Committee, which is about not grandstanding or soundbites, but getting the best legislation that we can produce by working together. That is exactly what is happening at this moment.

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[Conor Burns]

I am grateful to the shadow Secretary of State for the way that he has responded to my offer. We and our officials will work collaboratively with him and hon. Members across the House to find the solution that gets us to where we want to be by Monday.

[Simon Hoare]

I am hugely grateful to the Minister. Any of us could do it, but on behalf of everyone who has spoken on the issue, I thank the Minister, the Secretary of State and the shadow Secretary of State for the work they have done on it in the last hour or so. Notwithstanding the contested nature of the Bill and some of the outcomes, I hope that, for people who are concerned about these issues, we have been able to show a glimmer of how well the House can work when it pulls together.

[Conor Burns]

I thank the Chair of the Northern Ireland Affairs Committee. That is exactly what Committee of the whole House is about—drawing on collective experience and wisdom to improve the legislation before us.

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 22nd June 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee on Northern Ireland Affairs.

[Simon Hoare (North Dorset) (Con)]

Given that so much policy that affects and benefits business is devolved, is not the best support that politicians of all stripes could give Northern Irish business to get Stormont back up and running?

[Brandon Lewis]

My hon. Friend is absolutely right. We all want to see Stormont back up and running. It is important that we see all the Ministers back with their full powers. We have caretaker Ministers in place now, thanks to legislation that we passed recently, but having Stormont making spending decisions, getting money out the door and supporting businesses and people in Northern Ireland is the right thing to do.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Simon Hoare Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

Just the first two Front-Bench speeches and the interventions from Members across the House clearly show the thorniness of these issues, their long standing, and their polarising nature in views, interpretation and, indeed, in coming up with solutions. At the start, I thank my right hon. Friends the Secretary of State and the Minister of State, and the Secretary of State’s office, for their courtesy and engagement with me as these proposals have come forward.

Because the Bill concerns those issues, it is uncomfortable, and it is tricky politics. We would all like—I agree with many—the majesty of the law to run its course in the normal ways we all understand, but that has not happened up until now, and evidence that my Committee has taken from the PSNI and others clearly indicates that there is simply a lack of investigatory resource and court time to deal with all these cases in a way that could be reasonably defined as timely.

When we use the phrase “the troubles”—it is one that we all use—is it not just too euphemistic? It is the sort of wording we might use for a slightly embarrassing medical ailment, but let us remind ourselves that it was blood and it was a period of fear, of people being maimed and of death. It was horror, so we need to deal with these things in a serious way.

Is the Bill perfect? No, of course it is not, and no legislation is, but let us not lose the good, or at least the intent to achieve the good, in pursuit of perfection. The Government need to be clear, and the House needs to be assured, that the proposals before us are fully article 2 compliant—that is a key test for anybody, irrespective of which side of the argument they are coming from and their own personal experience. Without setting a precedent, I urge those on the Treasury Bench to give active consideration to putting Treasury counsel’s advice on this matter in the Library of the House of Commons so that we can all be persuaded, if on no other point than that.

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

Briefly, my hon. Friend is right. Many Conservative Members served in Northern Ireland during the troubles. He will accept that we in this place tend to underestimate the pain caused for many families by not knowing what happened to their relatives, the victims—some of whom disappeared altogether. We should also always remember that there has been a dearth of prosecutions since the Good Friday agreement, and it is not as though we have made great strides on that. We should balance those two factors carefully in the consideration of the Bill.

[Simon Hoare]

My hon. Friend is right. It is a sadness that there has been that dearth, which has led to huge frustration and has compounded the agony. He is also right to remind the House that each individual victim or survivor or victim’s family will respond to these things in different ways and will have different requirements from the process. We should be very careful not to resort to language such as, “This now delivers closure,” or, “This draws a line.” It will deliver closure, answer questions or draw lines only when that person is satisfied, and there will be myriad ways in which people will be looking for that satisfaction.

The Government are to be congratulated on the tangible policy evolution since what many of us recognise was the rather ill-judged, and certainly wrongly toned, written ministerial statement of March 2020. The Secretary of State and the Government are to be congratulated on facing into this issue. If there were easy solutions, by God they would have been delivered by now. If we want this to work, we have to make sure that this too-long-neglected issue is dealt with, and it has to be through this Bill. So much time has been spent on it and so many years have been spent discussing these issues that I cannot envisage—I could be wrong; I often am—

[Mr Gregory Campbell]

Hear, hear!

[Simon Hoare]

There was no need for such an endorsement; it is nice to see the collegiate nature of the Select Committee burgeoning on the Floor of the House.

As I was saying, I cannot envisage this or any other Government, or any other Secretary of State, devoting future time and energy to trying to resolve these issues, so I am tempted to say that although the Bill needs some amendment, it will be this or it will be nothing at all.

As we know, the politics of Northern Ireland can be different and difficult and testing. I am inclined to think—this may be a strange way of looking at it through the wrong end of the telescope—that it is possibly a good thing that no one and no constituency of interest in Northern Ireland is claiming absolute victory or absolute defeat. To me, that would have suggested that the Government had got it wrong. There is within the Bill the potential for something for everybody who has a legitimate interest in this issue.

I will turn to a couple of specific points. On the programme motion, eight hours for Committee, albeit on the Floor of the House, and one hour, as I understand it, for Third Reading is simply not enough. Physically, this is not a huge Bill in terms of the number of clauses, but it is a mammoth Bill in terms of history and issues. A sceptical Northern Irish audience needs to be given full comfort that full scrutiny will be given to the Bill and the proposed amendments to it. I suggest to the business managers—such as the Lord Commissioner of Her Majesty’s Treasury, who is on the Treasury Bench—as much as to the Secretary of State that the Bill should be given at least four days for Committee and half a day for Third Reading. That would give comfort to those people who want to make sure that the solution is properly scrutinised.

My Committee will be looking at the Bill, so I do not want to prejudice its deliberation, but I will make a few observatory suggestions. The Secretary of State appoints to the independent commission for reconciliation and information recovery. I would like to see a parliamentary vote affirming those appointments, which would give the body extra legitimacy. On the commissioners, I would certainly like a seat to be reserved for an international participant; I agree with my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee. He referred to South Africa, but there are lots of people with United Nations experience. Again, they will add credibility, independence, a new voice and a perspective that should give extra help to those people who are looking to get the proposals over the line and to invest their faith in the commission. There also needs to be an oversight panel to the commission, as we have with Kenova, which could include groups representing victims, the Veterans Commissioner and others.

We need to accept, with regret—I am perfectly honest about that—that Stormont House is dead. We can flog it as much as we like, but it is a horse that will not get out of the stable. It is gone. It is that ex-parrot. That is unfortunate, but it is true. The need for coalition building remains alive, however, and the need for the Government to take people with them is as strong as ever.

Clearly, as the hon. Member for North Antrim (Ian Paisley) said, the Bill will work better if the Republic is engaged and on side. I agree with him that north and south are two sides of the same coin on this, which have equal weight and responsibility to bring forward solutions that are binding and that can command support and confidence. I hope that the Irish Government will try to meet in the middle, and I would urge them to do so, to try to build that consensus and that joint approach.

[Sir Robert Neill]

It is a quick one. Building on that point, does my hon. Friend agree that the importance of our relationship with the Republic reinforces the importance of the quality and international nature of the commission’s membership? Given that the Republic adheres to the same common law jurisdictions and has the same approach to criminal jurisprudence as we do, that would surely be a means of rebuilding trust in that regard.

[Simon Hoare]

I agree fundamentally with my hon. Friend. I urge the Secretary of State to continue his conversations with Minister Coveney. It might be a step in the right direction to say that one of the commissioners could or should be a nominee of the Irish Government. I know that that would be contentious for some, but in trying to build that consensus and share the obligation, it may—there is no guarantee—pay a dividend.

[Ian Paisley]

Can the hon. Gentleman reflect on what the Secretary of State said at the Dispatch Box? He said that, more than a year ago, the Republic of Ireland indicated that it would bring forward something, but it has brought forward absolutely nothing. I do not think that augurs well; I think that it will turn a blind eye to the issue for as long as possible and do nothing, because if the veil is lifted on its legacy of the troubles, it will not be a pretty sight.

[Simon Hoare]

Well, as my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), who is no longer in his place, referenced, it has taken two general elections and four years to bring this Bill to fruition, so I am not sure that we are in a position to lecture, or are entirely innocent on that point. As we all know, however, heaven rejoiceth when a sinner repenteth, and it is not too late for both sides to build that consensus and to bring forward either conjoined proposals or separate but mutually corresponding ones. That would be a good thing.

On clause 5, which relates to full disclosure, subsection (1) is absolutely right that

“A relevant authority must make available”

the items that are listed, but subsection (2) says that

“A relevant authority may also make available”,

which depends on interpretation. The relevant authority could have some information that it thinks might be important and of relevance to an inquiry, but that has not been specifically asked for and that might be unhelpful to that authority, so it might hold it back. I would like to see the compelling nature of “must” in subsections (1) and (2), and I am certain that amendments will be tabled to address that.

The Bill needs to give further thought to how the PSNI interlinks with the commission. I hope that the PSNI will allocate the about £30 million that it spends currently on legacy purposes to invest in providing resource and support to the new process.

In summary, this Bill is not perfect.

[Sir Mike Penning (Hemel Hempstead) (Con)]

I have listened intently to my hon. Friend the Chair of the Select Committee and I do not think that he has really mentioned veterans much, if at all. As 15 May was the anniversary of Captain Robert Nairac’s death at the hands of the IRA, perhaps—I know other Members present also served in Northern Ireland—we should have more talk about veterans as well as the victims. Both are equally important.

[Simon Hoare]

My right hon. Friend is probably right, but of course there were many veterans who were also victims, as were their families, because, as we have heard with the figures, there are those who died, or were injured or maimed. We will not help this debate—can I just say this gently to my right hon. Friend?—if we characterise it as one side being more important than the other—

[Sir Mike Penning]

I wasn’t doing that.

[Simon Hoare]

I know he is not doing that—

[Sir Mike Penning]

Well, don’t put words in my mouth then.

[Simon Hoare]

And I am not putting words into his mouth. I did reference the fact that the Veterans Commissioner could be on the observatory panel and the advisory panel, or scrutiny panel, to the commission. That would be important, but it is important, I suggest—and I know that he knows this—to get that absolute balance right.

There is a difference in view among the veterans community. Some have been arguing for a blanket clearance from day one. Others have told the Committee that they do not want to see that, because they want to make sure that those who did wrong are held to account—of course there are some who did wrong; the terrorists did everything wrong, but some of the police did wrong and some of the military did wrong—and they do not want everybody to be tarred with the same brush. So there is a difference of view in the veterans community on how we deal with this. I think the Bill broadly gets it right by making sure that one side is not favoured over the other.

As I say, the Bill is not perfect, but it does create a framework that can and could help. We do need more time to consider it in this place, which is why I make the plea for revision of the programme motion. After all these years, something needs to be done to try to ensure that progress is made. This is the Bill to do it. We need to be driven, I suggest, by that imperative. If anything can unite the House in this debate, it might be this point: what we should be seeking to achieve in this Bill is to ensure that future generations are not infected by the poison of this too long neglected and running sore.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the SNP spokesman.

--- Later in debate ---

[Simon Hoare]

Does my hon. Friend agree that, as important as such an initiative is, we must make sure that it is not twisted by either side to become a recruiting sergeant for future years?

[Scott Benton]

I agree with my hon. Friend’s point. It of course needs to be fair, balanced and proportionate and give an accurate account of events. It is important that it is not whitewashed by either community.

It is extremely disappointing that the Labour party will oppose this legislation this evening. The fact that I can see just one Labour Member in their place on the Opposition Benches—

[Simon Hoare]

There are two.

[Scott Benton]

I beg the House’s pardon—there are two. But that says it all. In opposing this legislation, the Labour party will allow the continued harassment of our brave servicemen, seeing them dragged through the courts with unsubstantiated claims, causing pain and misery for their families. I suspect that the reason why very few Labour Members are in their place is that they see straight through the ridiculous reason given by Opposition Front Benchers for opposing Second Reading: a tenuous argument about their objection to the so-called conditional amnesty. I am afraid it was the Labour Government who opened the floodgates to release dozens of terrorists two decades ago.

I am pleased to support the Bill and wish to go on the record again as thanking the Secretary of State and the Minister of State for their brilliant work and for having the guts to bring this Bill to the House.

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[Mr Campbell]

I thank my right hon. Friend and colleague and say that there is a substantial degree of accuracy in his observation. We have seen the outworking of that over the past five or six years.

Let me come back to those on the Front Bench. They are in an invidious position. Many people in Northern Ireland accept the difficulties that the Government are faced with. I do not meet many innocent victims who realistically hold out the prospect for a successful prosecution and limited jail term for the people who carried out the atrocities against their loved ones. I meet very, very few who say that. Most of them say that there is a limited possibility—a minuscule possibility—that they will receive justice. But what they do say is, “Don’t extinguish it. Don’t put it out for ever and a day.” And that is what this Bill does—extinguishes that possibility for ever and a day. Justice is gone—finished—and never coming back.

That is why the Government must listen to reasoned amendments to make this Bill less unacceptable than it currently is, because I do not think that there will be an acceptable Bill that will command support across the victims’ divide, and across the political divide. None the less, we could, if the Government were open to reasoned amendments, retain the possibility of justice if new evidence emerges—if it does emerge. Victims want to know that their loved one did not die in vain.

[Simon Hoare]

Does the hon. Gentleman therefore agree that the timetable envisaged in the programme motion is woefully inadequate to have a proper debate on those reasoned amendments and to try to address the concerns that he and his colleagues have raised in this debate?

[Mr Campbell]

I thank my hon. Friend, the Chair of the Northern Ireland Affairs Committee, for that observation. We are in danger of agreeing too much today, but I do agree with what he has just said. Maybe the proposed Bill has done some good.

In all seriousness, however, the Secretary of State made the comment, which I see is now headlining on BBC News, that there is a diminishing possibility of prosecutions. We understand that, but a diminishing possibility is not the same as extinguishing the possibility. That is the difference we must maintain.

I agree and believe that truth recovery can contribute towards people’s moving on and accepting that what is done is done. While they would like to see justice, and still hold out the hope that they might, if they got more information and knowledge about what happened to their loved ones, it would at least bring them some comfort.

A number of people have alluded to the case of a person I knew very slightly, the late Patsy Gillespie. He was what was called a human bomb, strapped into his own van and instructed to drive into an Army camp in Londonderry. The van was exploded, with him and five innocent soldiers also paying the price for the depravity organised by the late Martin McGuinness, who was the second-in-command of the Provisional IRA at the time.

I have an affinity with Patsy Gillespie, because he was an MOD employee on one side of the river, and I was an MOD employee on the other side. Likewise, I have an affinity with two of the three former Members whose plaques are above the door of this Chamber. They died as the result of under-car booby-traps. My family—my wife and two young children, one of them only four months old—were victims of an under-car booby-trap device; thanks to almighty God, it fell off before exploding and killing a man, a woman and two innocent children.

Let us do work with this Bill and try to improve it considerably. As it currently stands, it is totally and utterly unacceptable.

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[The Minister of State, Northern Ireland Office (Conor Burns)]

It is a pleasure to respond to this debate on behalf of Her Majesty’s Government. It has been a varied, informed and intensely emotional debate, which is only to be expected, given the subject of the Bill. Words matter—they matter more in Northern Ireland than in perhaps any other part of our United Kingdom. Across the House, we all have an obligation to use our words in a measured way when we deal with these very sensitive issues.

I pay tribute to the victims who have been with us in the Chamber today and to the countless others who are not with us today, or not with us any more at all. I also pay tribute to those who served with such courage and bravery in Her Majesty’s armed forces throughout the years of the troubles, during the sectarian violence that came from both sides of the community in Northern Ireland. Above all, let me pay tribute to the people of Northern Ireland—to all the people of Northern Ireland, who always demonstrate such stoicism, generosity, hospitality and warmth, even in the most trying circumstances.

There is no doubt that the proposals that the Government are bringing forward today are controversial. I accept—as I accepted within my first week of returning to the Government when I was asked to go to the Northern Ireland Office—that there is widespread opposition to the proposals in the Bill. I noted at the time, as my right hon. Friend the Secretary of State has acknowledged, that while there was considerable opposition to these proposals, there was not, conversely, a consensus on what the parties in Northern Ireland would like us to do instead. I say to my friends in all parties—and to members of the parties that are not represented physically in this place, either because those people do not take their seats or because they did not gain election—that it would be within the ability of the devolved Government, the Assembly in Northern Ireland, to take these matters forward if that consensus emerged on the ground and if they wished to do it.

[Simon Hoare]

I am encouraged by the consensual tone that my right hon. Friend is striking, and by his search for ways in which to widen the debate. In that spirit—given that he has heard from the hon. Member for Gower (Tonia Antoniazzi) and from the Democratic Unionist party of their strong desire for an extension of the Committee stage on the Floor of the House to allow that wider debate to be had and a wider range of amendments to be tabled—may I advise him to undertake to talk to the business managers about whether we can secure some extra time?

[Conor Burns]

I am grateful to my right hon. Friend, the Chair of the Select Committee, and I shall be saying something about his speech in a moment. We have heard concern expressed on both sides of the House about the amount of time that will be available in Committee. Both the Secretary of State and I are very open to the idea of expanding that, and conversations have already begun with business managers. Subject to their agreement, we would look to provide a little more time—

--- Later in debate ---

[Conor Burns]

The direct answer to that is no. The proper place for us to test some of these questions will be in Committee, rather than on Second Reading, but I am absolutely clear, as is the Secretary of State, that that is not the intention of the Bill and it will not be a consequence of the Bill.

My right hon. Friend the Member for Skipton and Ripon (Julian Smith) made a powerful speech. I can tell him that the commissioner for investigations and designated officers will have the full sweep of police powers in pursuing their investigations and reviews. These are much greater than we have perhaps so far successfully explained. On the independence of the body, which my right hon. Friend also mentioned, the Secretary of State was clear in his opening speech that Her Majesty’s Government will have no role in the operational work of the body. I would welcome working with my right hon. Friend to find ways to make that clearer as we proceed to the Committee stage.

My hon. Friend the Member for Belfast East (Gavin Robinson) raised a point about consideration of other information when considering whether to grant immunity. The judge-led immunity panel is under a duty to take into account other information in possession, and will therefore have to carefully assess conflicting evidence before deciding whether to apply immunity and whether the person applying for that immunity was in fact telling the truth.

The hon. Member for North Down (Stephen Farry) referred to engagement. What is clear is that there is no widespread consensus on this. Even within families there are differences in how people want this to be treated. That is why the role of the families in engaging with this body will be incredibly important to the body exercising its discretion after its formation. The hon. Member was right to say that honest and effective information recovery would be better with the full co-operation of the Governments of the United Kingdom and of the Irish Republic. I have to say without being misunderstood that I do not think we will be requiring information from the Government of the Irish Republic for veterans.

My hon. Friend the Member for North Dorset (Simon Hoare), the Chairman of the Select Committee, talked about the appointment of commissioners. Other than the chief commissioner, the Government have been deliberately opaque in setting out who else should serve on that, and we are very open to ideas and would welcome them.

[Simon Hoare]

Will my right hon. Friend assure me and the House that there is nothing in the Bill that precludes somebody with international status, but who is not a UK citizen, from serving as a commissioner? That would add extra independence, rigour and experience, which would add value to the whole process.

[Conor Burns]

My hon. Friend makes an important point, and he is absolutely right. There is nothing in the Bill that precludes an international person from serving on the body. In fact, it could well be warmly welcomed and add rigour to the body’s credibility, impartiality and independence.

Over the decades, a number of politicians in this House have taken courageous steps to build the peace and stability we enjoy in Northern Ireland today. It was started by Margaret Thatcher with the Anglo-Irish agreement, and John Major built it up. Tony Blair signed the Belfast/Good Friday agreement and David Cameron gave an incredible speech on the publication of the Saville report, which I was privileged to hear in the Chamber. That peace has been hard-fought and hard-won.

Since I rejoined Government in this role, I have visited multiple schools in Northern Ireland in Castlederg, Hillsborough, Armagh, Belfast, Bangor, Craigavon, Saintfield and Newtownards. People questioned why, when education is devolved, I was bothering with schools as a UK Government Minister. I pointed out that kids are not devolved, parents are not devolved and teachers are not devolved. The future of Northern Ireland is in those schools.

Two schools, in particular, stand out in my memory: St Brigid’s College in Derry, in the constituency of the hon. Member for Foyle, and Antrim Grammar School. I visited Antrim Grammar having met a young man at a charity play for the centenary “Our Story in the Making: NI Beyond 100,” which the Northern Ireland Office had the privilege to fund partially. This young man, Chris Campbell, was going into his A-levels, and he was playing Mr Northern Ireland almost 25 years on from the signing of the Belfast/Good Friday agreement—this young man was not even born when Northern Ireland knew the troubles. One line from the play stuck in my mind: “Being divided keeps us united.” When I returned to my primary school in north Belfast, Park Lodge, I was asked—

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 27th April 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee.

[Simon Hoare (North Dorset) (Con)]

In those discussions with Cabinet colleagues, will my right hon. Friend commit to pointing out that there would be a terrible hypocrisy if, having pointed out to Russia and her allies the importance of abiding by an international rules-based system, we were then to countenance breaking our internationally agreed obligations?

[Brandon Lewis]

Our position has been consistent, whether set out by the Secretary of State for Exiting the European Union or the Attorney General in March 2019. The Secretary of State pointed out that if

“the objectives of the protocol were no longer being proportionately served by its provisions because, for example, it was no longer protecting the 1998 agreement in all its dimensions”—[Official Report, 12 March 2019; Vol. 656, c. 289]—

the UK could seek agreement to end the provisions, which would be, for obvious reasons, no longer necessary to achieve the protocol’s objectives. The objectives of the protocol are very clear and they respect the Good Friday agreement. At the moment, that is under massive threat in all three strands, and we need to make sure we are protecting the peace and prosperity that we have seen in Northern Ireland thanks to the Good Friday agreement.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Simon Hoare Excerpts

Consideration of Lords amendments
Monday 7th February 2022 Commons Chamber

[Richard Thomson (Gordon) (SNP)]

I note the Minister’s opening remarks on the present situation. I have previously made my own views and those of my party pretty clear on the manner of the UK’s departure from the European Union and the negative consequences that have flowed, and I do not intend to detain the House by repeating them here. Time is short and there are voices that need to be heard in this debate far more than mine.

The SNP has supported this legislation throughout its passage, because we believe it improves transparency and accountability in governance in Northern Ireland. It also gives the time and, more importantly perhaps, the space for politics to do what it needs to do in terms of cross-community discussions on the way forward for politics in Northern Ireland.

We are content to support the Lords amendments, and we believe they can be positive. We are happy to support them on that basis.

[Simon Hoare (North Dorset) (Con)]

The hon. Member for Hove (Peter Kyle), in a fantastic speech, spoke about the importance of trust in all this. He is absolutely right, and my right hon. Friend the Minister will concur that the overarching objective has to be to rebuild trust between the parties as quickly as possible.

I agree with every word my right hon. Friend the Member for Skipton and Ripon (Julian Smith) said. The rule of law is so important. Honouring the rule of law and our international obligations should be the hallmark of any Tory Government—of any Government in this country, I should say, but particularly one of our side. To have that thrown into question when we have willingly signed up to agreements, understanding them perfectly, as the noble Lord Frost confirmed to the Northern Ireland Affairs Committee some months ago, and to seek to resile from that now, pretending we did not quite understand what it meant or that we did not think that people would hold us to what we signed up to, shows so much brass neck as to be unspeakable.

I welcome the Lords amendments and their necessity. Thankfully, the Government did not go down the road of double jobbing. Unfortunately, we missed the opportunity to create a joint First Minister. As we all know, in essence the positions are joint—neither the left hand nor the right hand can do anything without the other saying yes or no—and that might be a way to move these things forward.

Yet again, we find ourselves in a situation in which self-service rather than public service has trumped all decisions. What happened last week was, in my judgment, an abdication of responsibility. Rage against the protocol if you will—tear your hair out and rend your clothes about the protocol; go on marches; do what the hell you like—but do not abandon the communities of Northern Ireland.

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

The hon. Member should choose his words very carefully when he says to people in Northern Ireland, “Do whatever”—I will not repeat the profane language—“you like.” He talks about the rule of law; does he agree that doing what you like does not include taking up arms or going out and committing acts of violence and that when we use language we should be very careful and precise by what we mean when we say, “Do what you like to oppose the protocol”?

[Simon Hoare]

The right hon. Gentleman is absolutely right. I refer him to the exchanges among a number of us in the NIAC last summer on that very issue. When I say, “Do what the hell you like,” I am talking about within the rule of law—protest, petition, demonstrate. Of course, nobody is advocating breaking the law and it would be preposterous to suggest that I as a Tory would suggest that.

My right hon. Friend the Member for Skipton and Ripon made reference to the voluntary sector and those most in need in both and all communities of Northern Ireland. We saw what happened in the last interregnum: health outputs down, education outputs down and infrastructure and housing moving backwards. As always, it is those who are most in need of those services, in all communities, who are going to be hit the hardest. We know where this ends up. It is a diminution of the quality of life of those people who live in Northern Ireland and who, as we move out of covid, are now looking, perfectly legitimately, to their local politicians to craft local solutions to local problems.

Now is not a time for self-service; now is a time for us all, with our shoulders to the wheel, to serve those communities that, for too many decades, have suffered disproportionately as fellow citizens of the United Kingdom. I do hope that this is a temporary impasse, that the burden is taken up again and that public service is recognised as important. I suggest that if it is not, those communities will have their say in the ballot box in the coming weeks.

[Several hon. Members rose—]

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 26th January 2022 Commons Chamber

[Brandon Lewis]

On the cultural package, what we agreed to take forward is exactly what was agreed between the parties in New Decade, New Approach itself, and we will continue to look at that. It is important that we deliver on all of New Decade, New Approach. We have the United Kingdom Internal Market Act 2020, which is doing that work and has ensured that trade between GB and NI from the NI side is working in an unfettered way. We said we would bring forward further work to develop and deliver that, which we will do, but it is also important—this is why the work on the Northern Ireland protocol is so important—to ensure the same sort of effect in GB to NI as in NI to GB and that it is working for everyone in Northern Ireland.

[Simon Hoare (North Dorset) (Con)]

My right hon. Friend knows that the thuggery and criminality of the self-styled paramilitaries add nothing to stability anywhere in Northern Ireland. What further steps can his Department take to disrupt their activity, in particular through unexplained wealth orders?

[Brandon Lewis]

We have been making progress in this area. We work in partnership with and support the Northern Ireland Department of Justice in the devolved areas, as well as with the Police Service of Northern Ireland and other partners, who are doing phenomenal work. We have seen real success this year, and in the crackdown over the past 12 to 18 months on criminal gangs. My hon. Friend the Chair of the Select Committee is right: these groups are criminal gangs and should be treated as such. They are nothing more than thugs who threaten people and try to destroy life in Northern Ireland. I support the PSNI and partners in their work to disrupt their activity and bring the people involved to justice.

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 27th October 2021 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Simon Hoare.

[Simon Hoare (North Dorset) (Con)]

I welcome my right hon. Friend and Dorset colleague the Minister of State to his place. I am sure he will agree that political stability is a key element in creating jobs and attracting investment. Will he do all he can to ensure we have a fully functioning Stormont, working hard to improve the economic situation in Northern Ireland?

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Simon Hoare Excerpts

Report stage & 3rd reading
Tuesday 26th October 2021 Commons Chamber

[Colum Eastwood (Foyle) (SDLP)]

First, I welcome many of the provisions in the Bill. As the previous speaker, the right hon. Member for Skipton and Ripon (Julian Smith), knows well, we had many long hours in the three-year hiatus of the Northern Ireland Assembly discussing a lot of this stuff, but it is deeply depressing that 23 years after the Good Friday agreement we are meeting today to find ways to stop political parties pulling the whole show apart.

The political context is that, a few years ago, Sinn Féin pulled the Assembly down for three full years—waiting lists got longer, schools began to crumble, the economy was not dealt with. Even as we stand here today, the DUP is threatening to bring down the very edifice of government in Northern Ireland. If it does not gets its way, it will pull down the Assembly. It has already withdrawn from a key tenet of the Good Friday agreement, which is north-south co-operation. What does that say to the people out there who are languishing on waiting lists? Is it that the DUP’s little niche issues are more important than dealing with the day-to-day, bread-and-butter problems that people face? It is a terrible indictment of our politics that we are even here discussing this.

I will speak to some of the amendments, in particular those on how the First and Deputy First Ministers are elected and appointed, what those offices do and what they are called. My view is that they have always been joint offices: the Deputy First Minister cannot send a letter without the First Minister saying it is okay; the First Minister cannot answer a question without the Deputy First Minister saying it is okay; and many decisions cannot be made without agreement between the two. Decisions are very infrequently made, it seems, because they do not seem to agree on an awful lot.

What is really concerning, all these years after the Good Friday agreement, is that as of today, none of the Unionist parties has told us what they would do if a nationalist gets enough votes to occupy the First Minister’s position. They are refusing to tell us whether they would even serve in that Government. Well, it is not 1968 anymore, and nationalists will no longer be treated as second-class citizens. People have marched in the streets and been beaten off the streets so that our votes could count just as much as anyone else’s. If Unionist politicians want to come along and lecture anybody about the sustainability of institutions and working together, they must seriously consider their answer the next time they are asked whether they would serve as Deputy First Minister if a nationalist becomes First Minister.

In reality—we have seen this before with the Justice Minister—because of a cosy agreement between a big nationalist party and the DUP, a nationalist is still not allowed to serve in the Department of Justice. In fact it is a joint office, which is why new clause 3 has been tabled, and it is about time we looked at that reality. From listening to some of the big radio shows in Northern Ireland and watching the television news, it is clear that over the next six months in the run-up to this election—if we are allowed to have an election—we will be faced with constant arguing: “Who will be First Minister and who will be Deputy First Minister? You have to come out to vote to stop these people becoming First Minister.” Even though we have had that for 20 years, the DUP still go into government with them. DUP Members used to say, “We can’t have Martin McGuinness as First Minister. He was a terrorist”, but then they went into government with him, occupied that very same office, and worked with him every day.

Let us, please, get rid of the constant division and debate about who is First Minister and who is Deputy First Minister. I sense we will not get there today, but there is an opportunity, which I ask the Government to consider, to look at new clause 3 and think seriously about how we resolve this issue. The job of the British and Irish Governments in our peace process is to see problems before they arise, and a blind man on a galloping horse can see what is coming round the corner if we do not resolve this issue now.

It suits the DUP and Sinn Féin to have constant debate about what they call each other, because then we are not dealing with the real issues. Our health service is on the point of collapse, 100 times more people are on out-patient waiting lists in Northern Ireland than they are in England, 29% of our children are living in poverty, but there is still no antipoverty strategy because they could not agree it. My constituency has the highest level of unemployment and economic inactivity anywhere across these islands, and we still do not have the 10,000 students on the Magee university campus who were promised and negotiated by me and the former Secretary of State for Northern Ireland during those NDNA discussions.

The legacy of the DUP and Sinn Féin’s 15 years in government has been failure, failure and more failure, and they want this argument. Everybody knows that. The Government know it, we know it, the Irish Government know it, and everybody in the House knows it: they want this argument so that they can get away in the smoke for not actually delivering for people. I implore the Government to think seriously about the best way to address this issue. There are a number of good ideas in the new clause, and the best way would be to get rid of the nonsense and pretence that the First Minister is more important than the Deputy First Minister. They are joint First Ministers, so let us begin properly to call them that.

In conclusion, it is a bit rich for the Government to be telling anybody about sustainability in Northern Ireland, when everything they do in Northern Ireland undermines sustainability and the stability of our institutions. That includes how they dealt with the European Union and the DUP, and what they told them about the protocol—apparently there was never going to be a border anywhere. Well, there is one now, and if we were more honest with people we would be in a much better situation.

The NDNA agreement also mentioned 90 days for implementing legacy legislation, but where has that gone? The five parties in Northern Ireland, and every victims’ group, opposes the Government’s proposals on legacy, yet they seem determined to push that forward. We are still waiting—perhaps today is the opportunity—for the Government to tell us when Irish language and culture legislation will be brought to the House, as agreed at NDNA. There is an opportunity to stop the crisis that we are looking at down the barrel—it is clear it is coming—and for the Government to step in and do something, before we end up with another three years of collapse, when more people will be languishing on waiting lists.

[Simon Hoare (North Dorset) (Con)]

Let me echo what my right hon. Friend the Member for Skipton and Ripon (Julian Smith) said about the need for speed to get this legislation through, which I urge on my right hon. Friends on the Front Bench, and hopefully on business managers in the other place. This Bill has dawdled for too long. I agree very much with the vast majority of what the hon. Member for Foyle (Colum Eastwood) had to say, and I shall come back to that point in a moment. [Interruption.] It is not “surprise, surprise”, and I say to the hon. Member for Upper Bann (Carla Lockhart) that when somebody speaks sense, one should usually notice and acknowledge it.

--- Later in debate ---

[Ian Paisley (North Antrim) (DUP)]

The hon. Gentleman is making a sensible point about the extension of a crisis period. We currently have a situation where a crisis could last for days, and we are now potentially extending that by up to six months. Irrespective of what side of the debate they are on, I ask Members across the House to contemplate whether they would tolerate in their part of the United Kingdom a crisis in statute that is allowed to perpetuate itself for up to six months before it ultimately comes to the buffer zone, or to the point at which it has to be delivered. That point needs to be considered by all hon. Members when they vote on this measure.

[Simon Hoare]

I agree entirely with the hon. Gentleman, who serves with me on the Northern Ireland Affairs Committee. Thank heavens this is not being dealt with as emergency legislation and rushed through in a 12-hour sitting, but once again it speaks of dealing with Northern Ireland as something other, or as something different, and with a set of circumstances and rules that none of us would find tolerable in England and my constituency of North Dorset, or in Wales or Scotland. The hon. Gentleman makes a valid point that we should all be conscious of.

[Colum Eastwood]

I remember going through these negotiations with some of the people who are now in the Chamber. In reality—perhaps the hon. Gentleman will agree with this—it was DUP Members who pushed hardest for long periods to try to resolve some of these issues. They were responding to the issue that Sinn Féin had collapsed the institutions last time around. Of course, this time they are the ones threatening to do that, but that was largely the DUP position, and it is strange to hear the hon. Member for North Antrim (Ian Paisley) now opposing it.

[Simon Hoare]

All I will say to the hon. Gentleman is that I was not privy to those discussions, but we are where we are. We must realise that things have clearly moved on. The operation and reform of the protocol is sitting here like an elephant in the Chamber, but it speaks to my point that the workable delivery of devolution should not be used as a plaything for other issues.

That takes me to the point that the hon. Member for North Down made about democracy. We cannot have a functioning democracy in these islands that is effectively based on the Henry Ford model of selling a car. Henry Ford used to say, “You can have any colour as long as it’s black.” We cannot say, “You can have as many elections as you like as long as I turn out as the winner. If I don’t—if the public have spoken and I haven’t been successful—I won’t accept the result. I will tear the edifice down,” in some sort of democratic political toddler’s temper tantrum. That is not how we do it. Democracy only works when all of us who win take up the weight of winning with responsibility and those who lose accept that they have lost and somebody else has won. If people do not abide by that simple equation, that is not democracy, and that should cause us all considerable concern.

My final point, echoing what the hon. Member for North Down said, is that in the system that we have for sorting these things out, the language that is used—“Unionist”, “nationalist” and “other”—may be past its sell-by date. It hard-bakes into the language and the systems a previous age. It does not reflect Northern Ireland as it is today. This is not the time for it, but I agree with the hon. Gentleman that at some point in the not-too-distant future, serious, considered, sober thought needs to be given to how these issues are addressed in order to present Northern Ireland to the rest of the world, and to the rest of the United Kingdom, as it is today and not as it was 20 years ago, or 40 or 50 years ago. We need a contemporary review of that in order to ensure that it is fit for purpose.

My cri de coeur is for all parties to understand that devolution, and its delivery of public service and improvement of life for those who live in Northern Ireland, is not something to be taken lightly. It is not a plaything to be kicked around for cheap party political points.

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to speak on any issue in this House, but particularly on issues to do with Northern Ireland. I welcome the Minister of State, the right hon. Member for Bournemouth West (Conor Burns), to his new role and wish him well. He rightly came to see the No. 1 constituency in Northern Ireland, Strangford, before he had seen anywhere else. We are very pleased to have had the opportunity to have him there, and we wish him well in his role.

As always, the debate has been clear, and my party’s reasoning has been clearer. I am not enamoured with the form of government in Northern Ireland, and I do not believe that it can or does work, as has been demonstrated very clearly over the last couple of years. I absolutely believe in the right of this place to govern and legislate. However, as my colleagues have said, this is a matter that should be debated in the appropriate forum and not tagged on to this Bill. The Assembly and Executive Review Committee at Stormont is the mechanism to do that.

It grieves me that decisions were made in this place when they should have been made through the Northern Ireland Assembly, and I want to put that on the record. That leads me to an issue that I feel must be highlighted again: this Bill aims to secure a working Assembly with the best mechanism possible, yet it seems that this House interferes at will when public opinion calls for it. That must come to an end. It is time that this place gave the Northern Ireland Assembly the authority to make decisions.

During covid, despite discussion of an abortion Bill, this Government determined that they would bring in abortion in Northern Ireland in the most open way not just in the UK but in all of Europe. Along with colleagues, I strongly resented that, and I still resent it. We now face this Government acting on the NDNA deal, but only when it comes to the Irish language. With great respect to the hon. Member for Foyle (Colum Eastwood), for me this issue is as clear as a bell. The rest of the important provisions, such as health and education, on which there were goals and aims, have been left to trickle through, yet the Irish language is to be given priority by this place.

As my party’s health spokesperson, it concerns me greatly that across Northern Ireland, in a post-covid world, the waiting time for an urgent hip replacement is upwards of five years, for cataract surgery it is upwards of four years, and breast reconstruction for breast cancer survivors is years down the line, with no date whatsoever. I have talked to some of my constituents back home who are fluent and interested Irish language speakers, and they tell me that they want to see priority given to issues such as health and education, to ensure that they are addressed first. I am not sure that the people of the Province believe that the Government should step in and fund these measures.

There are children out of education. There are many schools in my area that are awaiting refurbishment or rebuilding, and that cannot get the support they need in the form of classroom assistants. There is a big issue, too, with assessment for those with attention deficit hyperactivity disorder and autism. We get referrals every day of the week for those things. There is a generation of children who have had the option to learn music stripped from them, as budget slashing has meant a choice between culture or a teacher.

Those are real issues that impact every one of my constituents, whether they are Unionist or nationalist, whether they are in favour of the Irish language or against it. Those are the issues that people tell me clearly that they want to see addressed. I resent that priority has been given to one aspect of the NDNA over the life-changing aspects, and I urge the Minister to allow the Assembly to carry out its duties according to priority and not political machinations.

I understand the need to support the measures before us today, but I must put on the record my concerns about the prioritisation of some of the spending that the Government have looked towards. Clearly, we should be spending more on policing, because we need more police officers on the streets across Northern Ireland. We have a dearth of them at the moment. The training college is turning out as many as it can as quickly as it can, but the places of those who retire are still not being filled. Improvements need to be made in health, education and policing, and that is where I would like to see the focus.

At the same time, I urge the Government to do the right thing and allow the Assembly to prioritise need over wish and people over politics, and to make our own determination on Northern Ireland issues. I believe in devolution; I always have. I want the devolution that we have in Northern Ireland to achieve something. History has shown that direct rule is not beneficial for the people of the Province. I will therefore support the Bill, hoping against hope that Lord Frost will achieve what he sets out to achieve and ensure that Northern Ireland stops being a third country to the UK and is accepted as an integral part of it.

The next step will be asking the Government not to treat the Assembly as a local council with minor responsibilities, but to allow it to take tough decisions in a democratic manner. I believe that is the foundation of the Bill, and that is why I will support it, but I say to the Minister—I hope that he will respond—that there are priorities that need to be addressed first. I think we all realise that, and my constituents tell me that. Health, education, the economy and policing are where spending should be prioritised—not the Irish language.

--- Later in debate ---

[The Secretary of State for Northern Ireland (Brandon Lewis)]

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

In doing so, I acknowledge the hard work that has got us to this point. I pay tribute to former Secretaries of State for their role in supporting institutions in Northern Ireland during the most recent collapse. As this is the first time I have been at the Dispatch Box since the sad news, I pay particular tribute to James Brokenshire. [Hon. Members: “Hear, hear.”] Absolutely; I appreciate the comments from across the House. Both as a friend I have known for just over two decades, and in his role as Secretary of State for Northern Ireland, he showed truly admirable dedication to the people he represented, to colleagues and to friends, and dedication and commitment to the people of Northern Ireland.

I also want to thank hon. Members from all political parties who participated in debating the merits of the Bill. In particular, I thank the shadow Secretary of State for Northern Ireland, the hon. Member for Sheffield, Heeley (Louise Haigh), and the shadow Minister, the hon. Member for Pontypridd (Alex Davies-Jones), for their diligent scrutiny efforts and broad support for the measures set out in this Bill, and for their comments today.

I also express my thanks to colleagues in the Northern Ireland Assembly, the Northern Ireland Executive and the Office of the Speaker of the Assembly, and to those who represent Northern Ireland constituencies in this House, all of whom have contributed to and been part of the work that has led to today, and the negotiations on New Decade, New Approach.

I acknowledge the hard-working civil servants, here in Whitehall and in Belfast. Not only did they support the successful negotiation of the New Decade, New Approach agreement, but they have since helped the progress of the Bill and continually help to deliver on the fundamental commitments made by this Government within that deal—including, I have no doubt, some very late nights supporting my colleague and right hon. Friend the Member for Skipton and Ripon (Julian Smith), who would have put in those hours of effort in the lead-up to the final agreement of this Bill. I say a huge thank you to everyone who has been involved.

I reaffirm our view that our Union is strongest when its institutions work well, work together and deliver real change on the issues that matter, as colleagues have mentioned today. For Northern Ireland, that means properly functioning institutions, both in Stormont and Westminster, that allow Stormont to focus on the core issues that, as colleagues across parties have said today, must be focused on. To have one third of the population on a waiting list is not good enough for the Northern Ireland health service. Some 23 years since the Good Friday agreement, only to have approximately 7% of the population benefiting from integrated education is not good enough for the people of Northern Ireland, and we must move further on that together.

The Bill is a focused Bill. It will deliver necessary and well overdue reforms to strengthen the sustainability of institutions in Northern Ireland, update the ministerial code of conduct and reform the petition-of-concern mechanism. These measures, as my right hon. Friend the Minister of State has outlined, were all agreed by the main political parties in Northern Ireland when the Executive were restored, and it would be remiss of us to begin to tweak and change the details here in Westminster without further agreement from the parties. I am confident that those in the Executive and the Assembly will continue to work in the same good faith in which the measures were negotiated, as we in Parliament will; I will come back in a few moments to comments made on that point.

For those reasons, the House should support the Bill’s Third Reading. UK Governments of all colours and types have worked to maintain peace and encourage political stability in Northern Ireland over the decades. I am grateful to the Opposition for welcoming the Bill and the New Decade, New Approach agreement.

The Government accept, however, that this is just one piece of the jigsaw. The positive difference that a restored Executive have made to the people of Northern Ireland is clear to see, despite the great challenges that we have all had as a result of covid-19—particularly as the Executive were restored just days before the covid pressure came upon us all. The past 18 months have demonstrated that a power-sharing Executive can work together under the hardest of circumstances to find compromise and act in the shared interests of all communities in Northern Ireland. The Bill can only empower their capability in that respect.

The Government have listened to and are grateful for all contributions made by Members of this House. I appreciate that it is frustrating for some Members that we have been unable to accept non-Government amendments, despite the great intentions behind them, some of which have been outlined today. That is because many go beyond what was agreed in New Decade, New Approach, although I note the comment from the hon. Member for North Down (Stephen Farry) that we are now two years on and that there are some things in New Decade, New Approach that, as time moves on and we learn more, we need to look at.

But my right hon. Friend the Member for Skipton and Ripon is right: we need to focus on delivering what was agreed. As co-guarantors of New Decade, New Approach, we have a duty to ensure that, for all people in Northern Ireland, the measures are delivered as they were agreed upon by the main parties.

Members of this Chamber have expressed eagerness for the delivery of further commitments made under the New Decade, New Approach agreement and will be glad to hear that we have made good progress. For example, we have appointed the Northern Ireland Veterans Commissioner; introduced legislation to further enshrine the armed forces covenant in law; published reports on the use of the petition-of-concern mechanism in the Assembly; contributed to the creation of a new Northern Ireland graduate entry medical school in Derry/Londonderry, which I agree we want to see developed further; and supplemented the new deal for Northern Ireland’s £400 million fund to promote Northern Ireland as a cyber security hub, to name just a few things.

There is more to come. We have made commitments to ensure that areas that were committed to be delivered within the mandate for Stormont will be delivered; a cultural package is part of that, and we will do that. We are proud of the progress made thus far. The UK Government are committed to ensuring that New Decade, New Approach is delivered in full. I reassure hon. Members that further progress will be made in due course.

Both for the Executive and for us, covid has meant decisions being made, and pressure being put on legislative time, on decisions and on work done—we all understand that. As we move out of covid, we want to move quickly and get things done, and I hope that the Executive will be doing the same.

[Simon Hoare]

May I go back to the cultural package? I think the House’s understanding is very clear as to how my right hon. Friend envisages dealing with the matter. However, is he able to say a little more, not so much about what it might be called as about when we might actually see it, if indeed this place needs to see it—or is it his expectation that Stormont will deliver it?

[Brandon Lewis]

My hon. Friend the Chair of the Northern Ireland Affairs Committee highlights an important point. It is still technically possible for the Executive to start a procedure that would allow the package to be delivered within the mandate, which has always been the intent, the focus and the desire for those involved in New Decade, New Approach. As I have said, we are very clear that, if it becomes clear that the Executive are unable to do that, or are not moving it forward, we will bring forward legislation to deliver the cultural package as set out in NDNA—no more, but no less. We will do that; I will not go further than that at the moment.

The purpose of the Bill is to implement what was agreed by all parties in the New Decade, New Approach deal. During the passage of the Bill, including this afternoon, there has been sensible, interesting and well-argued debate on the wider institutions and options in Northern Ireland. I look forward to seeing discussions continue among the Northern Ireland parties and to engaging on these matters with them and with colleagues here, as well as to following discussions in the other place, as the hon. Member for North Down rightly outlined.

--- Later in debate ---

[Carla Lockhart]

The hon. Gentleman will know that the protocol is damaging everyone within Northern Ireland, both economically and constitutionally, and I would ask him to go and speak to the businesses that are being impacted on a daily basis by the protocol. It certainly undermines the delicate balances of the agreement.

I have listened to the remarks from the hon. Members for North Down (Stephen Farry) and for Foyle (Colum Eastwood), and I am sure that I am not alone in finding it somewhat ironic that those parties that hold the Belfast agreement as some form of religious text have sought so hard to change some of its underpinning elements. We see this in the attempts to change the appointment of the First Minister and Deputy First Minister and to change community designation, and in the quest to reform the petition of concern mechanisms, all of which were created and championed by those who now wish to do away with the old and bring in the new for their own political advantage. We in Northern Ireland are well used to the hypocrisy and double standards of the Alliance party and the SDLP, which are there for all to see in their amendments today.

[Simon Hoare]

The hon. Lady makes a valid point about the views of business being heard during this further stage of negotiation and consultation with regard to the protocol. She is right on that, but I am failing to understand why tearing down Stormont and removing the voices of elected local representatives to make their case would help those businesses.

[Carla Lockhart]

The hon. Member will know that we have not done that. We want this Government to act on behalf of the people of Northern Ireland. Lord Frost and his colleagues have heard clearly about the need to act and the damage that this is doing economically and constitutionally, and the hon. Member would do well to listen to the people of Northern Ireland and not just take it for granted that he is aware of their views.

I reiterate that if this Government continue to placate Sinn Féin’s ransom demands by legislating in this place to satisfy them, devolution will fail. Furthermore, if the provisions of the Belfast agreement around cross-community consent and our constitutional position continue to be set aside in the context of the future relationship between the UK and the EU pertaining to Northern Ireland, devolution will fail. Regardless of this Bill, the next few weeks will test the Government on their commitment to stable devolution in Northern Ireland.