Northern Ireland Budget Bill

Steve Baker Excerpts

Committee stage
Monday 23rd January 2023 Commons Chamber

[Mr Steve Baker]

What I propose to do, given the wide-ranging debate we have had, is to canter briskly through the provisions made in the Bill. Clauses 1 and 2 authorise Northern Ireland Departments and other specified public bodies to use resources amounting to £26,656,975,000 in the year ending 31 March 2023. Of that sum, £24,242,977,000 is authorised for use for current purposes and £2,413,998,000 is authorised for use for capital purposes.

Clauses 3 and 4 authorise the Northern Ireland Department of Finance to issue the sum of £21,487,341,000 out of the Consolidated Fund of Northern Ireland for this financial year.

The estimates in schedule 1 set out the allocations for the sums provided for in clauses 1 to 4 between each of the Departments and listed public bodies, as well as the purposes for which each Department and public body may use those funds. I know that two amendments were tabled but not selected in relation to the remediation of cladding, and we discussed that earlier. I hope that the hon. Member for Belfast East (Gavin Robinson) accepts what I said.

A separate Northern Ireland main estimates document will be provided to give further detail beyond the summaries set out in the schedules. That will be prepared and laid as a Command Paper in the Libraries of each House. I expect it to be laid before the end of the financial year. Separately, we have provided the supplementary memorandum, which provides more detail to right hon. and hon. Members.

Clause 5 provides for authorised temporary borrowing by the Northern Ireland Department of Finance, up to approximately half of the sum issued out of the Consolidated Fund of Northern Ireland under clause 3. This is a normal safeguard against the possibility of a temporary deficiency arising in the Consolidated Fund, and any borrowing authorised under this clause is to be repaid by 31 March 2023.

Clause 6 authorises Northern Ireland Departments and other listed public bodies to use the income they receive from the specified sources listed in part 3 of their schedule 1 estimate.

Turning to clause 7, the authorisations provided for in clauses 1 to 6 supersede the previous authorisations in the Budget Act (Northern Ireland) 2022 and other legislation. To give effect to them, clause 7 allows the authorisations in the Bill to be treated as having effect from the beginning of 1 April 2022.

Clauses 8 and 9 relate to a vote on account. Clauses 8 to 12 look ahead to the next financial year, and provide for similar authorisations in that year as those set out for the current year in clauses 1 to 5. Clauses 8 and 9 authorise the use of resources by Northern Ireland Departments and other listed public bodies, amounting to £17,404,266,000 over the course of the financial year ending on 31 March 2024. Of that total, £15,835,528,000 is authorised for use for current purposes, and £1,568,738,000 is authorised for use for capital purposes. The authorisation is for a vote on account of 65% to allow public services to continue to be delivered in the first half of the next financial year. Given the continuing political uncertainty in Northern Ireland, the vote on account is greater than usual—65% instead of the normal 45%.

The vote on account does not imply the setting of a Budget for 2023-24 for the Northern Ireland Departments. Its purpose is to allow the use of resources so that services can continue to be delivered, pending the consideration of a Budget Act for the full 2023-24 financial year.

Clauses 10 and 11 authorise the Northern Ireland Department of Finance to issue the sum of £14,154,737,000 out of the Consolidated Fund of Northern Ireland during that period. The authorised purposes for which the resources and sums referred to in clauses 8 to 11 can be used during that period are set out in part 2 of schedule 2.

Clause 12 authorises temporary borrowing by the Northern Ireland Department of Finance in the next financial year, to be repaid by 31 March 2024. Clause 13 provides that the Bill will have the same effect as if it were a Budget Act of the Northern Ireland Assembly, and clause 14 repeals provisions of other legislation that have been superseded by this Bill. Finally, clauses 15 and 16 are on interpretation and the short title of the Bill. I hope that helps the Committee to understand the Bill.

[The Second Deputy Chairman of Ways and Means (Sir Roger Gale)]

I call the Opposition Front Bencher.

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[Mr Steve Baker]

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

I am grateful to all Members for supporting the expedited passage of this legislation, and I am very grateful for the accommodation made to do so, for all the reasons given. I rise principally to express my thanks to everybody who has participated in the House, including the Front Benchers for their constructive role as critical friends. I also want to place on the record the Government’s appreciation to the House authorities, especially the Clerks who guided us, as ever, in expert fashion.

We would like to thank as a Department again the superb Caroline MacBeath in the Office of the Parliamentary Counsel for the expert fashion in which she and colleagues have drafted this Bill with Northern Ireland counterparts in the Office of the Legislative Counsel, so my thanks to all of them, and also to officials in the Department of Finance in particular. I again want to thank officials in the NIO and across the Northern Ireland civil service, especially the permanent secretaries, for their work together in coming up with this Budget.

I thank colleagues and officials in the Government Whips Office for their support and assistance—[Interruption.] Give him a job? It is too late. Where am I?

[Kevin Brennan (Cardiff West) (Lab)]

The House of Commons.

[Mr Baker]

Thank you. It has been a busy day and I am grateful that there is some levity, but I would like to finish by saying that we did not want to have to pass this Bill; it is not a Bill that the House wanted to have before it.

In closing my Third Reading speech, and thanking everybody for making this possible so that public services can go ahead in Northern Ireland, I refer to what I said at the end of my Second Reading speech: we are going to need to do better in Northern Ireland, and I know that all of us in this House will play our part in making that happen.

Northern Ireland Budget Bill

Steve Baker Excerpts

2nd reading
Monday 23rd January 2023 Commons Chamber

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

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

I begin by asking the leave of the House to take all stages of the Bill. The Secretary of State sends his apologies; I am pleased to say that he is enjoying a trip to the United States where he is representing Northern Ireland as he seeks to drum up business for local people.

Once again, I stand here with a strong sense of disappointment.  On Second Reading of the Northern Ireland (Executive Formation etc) Act 2022, my right hon. Friend the Secretary of State said:

“No Northern Ireland Secretary would want to introduce a Bill of this nature.”—[Official Report, 29 November 2022; Vol. 723, c. 820.]

That sentiment very much applies again today.

The Government are bringing forward this legislation because the Northern Ireland parties have been unable to form an Executive and subsequently, therefore, to set a Budget. In the absence of an Executive, the Government stepped in to set a Budget, which the Secretary of State put before the House on 24 November last year. We are legislating for that Budget today.

Setting the Budget was not an easy task. Northern Ireland departmental Ministers were in post until 28 October, which meant we could take over only from that point. They had not been operating with confirmed spending limits and had not implemented plans to deal with their looming overspends.

Of course, pressures on Northern Ireland’s finances did not happen overnight. Successive former Executives also failed to put finances on a sustainable footing. As a result, the Government inherited a Budget halfway through the year with an overspend of some £660 million. That is unacceptable, and the unsustainability of Northern Ireland’s finances cannot continue.

Spending per head in Northern Ireland is already at the highest level of any region in the UK. Northern Ireland receives 21% more funding per head than the UK average and has received record levels of financial support. The difficulties that Northern Ireland Departments now face are the result of tough decisions not being taken by elected representatives in Northern Ireland, not just this year but in successive years before that.

Funding alone will not solve those issues. They need strong and responsible leadership by a stable, devolved Government.

[Ian Paisley (North Antrim) (DUP)]

I thank the Minister for giving way, but I know that he will go down the predictable line that all this would be sorted out if we had an Executive. How does he juxtapose that with his comments on 23 October, when he made it clear that

“we will not have devolved government in Northern Ireland”

until Unionist demands are met and the jurisdiction of EU Law comes to an end? Does he admit that the idea that the Executive will be a magic wand is a fallacy?

[Mr Baker]

There is no question of admitting any kind of fallacy. What I was saying with the quote the hon. Gentleman referred to was really a reflection of the DUP’s position. In a sense, I am grateful for his party’s clarity about what it requires to go back into government. From my engagement with its voters in Northern Ireland, I think they know that a price is being paid by not having the Executive up. It would be churlish of me not to admit that those voters—it was a small section—wanted to pay that price, but others will be devastated by the consequences of not having the Executive up. It is only fair that I, as a Government Minister, reflect the full spectrum of opinion, and people in Northern Ireland very much want the Executive back and dealing with the issues before it.

As for a magic wand, I would be the first to admit that government is difficult, whoever is in power. All these decisions are difficult—they are difficult decisions in difficult times—and there is no question of a magic wand. However, everyone in this House is aware of the devolution settlement, and I am sure everyone here would want Northern Ireland Ministers to be taking decisions in an accountable way locally. However, there’s no question of a magic wand, and I would be the first to be realistic about the conditions the hon. Gentleman and his party have set out for going back into the Assembly.

[Sammy Wilson (East Antrim) (DUP)]

rose—

[Simon Hoare (North Dorset) (Con)]

rose—

[Mr Baker]

I will give to the right hon. Member for East Antrim (Sammy Wilson) and then to my hon. Friend the Member for North Dorset (Simon Hoare), but then I will try to make a bit of progress on the principles.

[Sammy Wilson]

I am glad the Minister accepts that there is no magic wand, but does he also accept that, given the nature of the Executive, which is a mandatory coalition, we have had a Sinn Féin Finance Minister, and no Sinn Féin Finance Minister has, I think, ever succeeded in presenting a Budget that other parties could support? That is one reason why we face the deficit that we have at the moment. Indeed, the restoration of the Executive would make things difficult, given that some Ministers do not even attempt to reflect the spending wishes of the other parties in the Executive.

[Mr Baker]

The right hon. Gentleman makes some legitimate points. The particular point about mandatory coalition is of course an important part of the Belfast/Good Friday agreement strand 1, which we completely respect. We are open to hearing suggestions for institutional reform that will deliver more stable government. Members on the Opposition Benches will know the difficulties in reforming the institutions. The Government are clear that any conversation would need to be led by the political parties of Northern Ireland and would need, in the end, to enjoy cross-community consent to be viable.

[Simon Hoare]

My hon. Friend will probably know that the Select Committee was in Northern Ireland last week. I think this endorses and underscores the point he was making a moment or so ago, as he might know about this. The elections were some while ago—an analogue time for a digital age, if you will—and we were hearing from both traditions and both communities a growing sense of worry and anxiety about the impact on the quality of life and on outcomes in health, education and housing for ordinary people in Northern Ireland, who look to their political leaders of all persuasions to deliver for them. There is a growing sense of real anxiety and disappointment that they are being let down yet again.

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[Mr Baker]

My hon. Friend is spot on in what he says. If the situation in Northern Ireland presented itself in Wycombe or anywhere else in Great Britain, there would be outrage. There is 21% higher spending per head than in the rest of the UK—that is not something I wish to repeat too often, in case it is noticed by my electors—with dreadful public services, as he points out, and a Budget that is not balanced, because of a failure to take important strategic decisions. As I will come on to, we are a number of years on from the Bengoa report, which said that there needed to be transformation to maximise the quality and quantity of Northern Ireland’s health services, and that transformation has not happened. The public are suffering the consequences today. Having said that, I will press forward.

The Budget position set out on 24 November was a difficult one, not unlike the Chancellor’s autumn statement in the weeks preceding it, but it is a fair outcome. We are acutely aware of the difficult decisions that now have to be taken in relation to health, education and right across the spectrum in Northern Ireland to live within the Budget.

In setting the Budget we are legislating for today, it is clear that action needs to be taken to get Northern Ireland’s finances under control and to deliver the much-needed and long-promised transformation of public services to which I referred earlier. Six years on from the Bengoa report, we are yet to see the Executive deliver the changes that are necessary. That work needs to happen now, but it requires leadership and strategic decisions that should rightly be taken by locally elected politicians in a new and functioning devolved Government. However, in the absence of that, this Government will take those steps necessary to maintain the delivery of vital public services and to protect Northern Ireland’s finances. Clearly, consideration will need to be given to a sustainable and strategic Budget for the financial year 2023-24.

[Paul Girvan (South Antrim) (DUP)]

There are many aspects of Bengoa that could be implemented, but there is seemingly a reluctance to do so. Whether that be political within the Department or whatever, I would say that it is not just down to having no Ministers; aspects of Bengoa could be implemented through good management, which people have the authority to do, to move forward on some of the savings that can be made.

[Mr Baker]

The Northern Ireland (Executive Formation etc) Act 2022, which we put through, gives civil servants the clarity they need to make certain decisions. We have put those officials in a difficult position to take those decisions, and I put on record now, since the hon. Gentleman gives me the opportunity, my thanks to them for rising to the challenge and bearing with this difficult situation. I am grateful indeed that permanent secretaries and others are rising to the challenge of taking the decisions that need to be made, but it is obviously not desirable that we should be in this position. Ministers should be in post in Northern Ireland doing what needs to be done.

If the Executive are restored in time to set a Budget for next year, the UK Government will of course continue to work constructively with Executive Ministers on a sustainable Budget that delivers for the people of Northern Ireland and supports economic growth.

[Stephen Farry (North Down) (Alliance)]

Will the Minister give way?

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[Mr Baker]

I will, but I will then be determined to make progress.

[Stephen Farry]

I thank the Minister for giving way. He will appreciate that in other circumstances the Executive would normally now be considering the Budget for the coming financial year and that it is important to have certainty ahead of the start of a financial year so that decisions can be made, particularly in tough times. If the Executive are not restored very soon, in order to give some degree of certainty to Departments and related agencies, can the Minister give an assurance that the Government will act in the near future to put in place a framework not just for this year’s Budget legislation but for next year’s?

[Mr Baker]

I expect the hon. Gentleman knows that clauses 8 and 9 put in place a vote on account for next year. I will come to that as it is in my notes; if memory serves it covers 65% of the spending, but I will confirm that when I reach that section. That puts in place the spending for next year, but of course we would like the Executive to return to set the Budget for next year. If they do not return, we will have to do the job, and it will be tricky; there is no getting away from that. Without Northern Ireland Executive Ministers in place, it has not been possible to take the difficult political decisions necessary to balance the Budget at this very late stage in the year, and that of course compounds the problem for next year. It is with great sobriety that I stand here and acknowledge that it is going to be very difficult. I for one would be up for the challenge of doing it, but it is not the Government’s position that we as UK Government Ministers do that; we would like the Northern Ireland parties to step up to that duty.

If the Executive are not restored on time, we will continue to work with the Northern Ireland civil service to prepare for next year’s Budget. The Government’s priority for that Budget will be to deliver a fair outcome for all taxpayers and citizens in Northern Ireland. We will work to put Northern Ireland’s finances on a sustainable long-term footing, which means appropriate consideration of a wide range of options including revenue-raising measures, as well as reviewing all spending.

[Jim Shannon (Strangford) (DUP)]

Will the Minister give way?

[Mr Baker]

I will give way once more but then will give a Bill overview in the hope of making progress.

[Jim Shannon]

I thank the Minister for giving way and respectfully say to him that I have a suggestion for saving money in the Department of Health. We all know that agency costs for employing nurses are sometimes 25% to 30% higher than the costs within the NHS system; the obvious solution is to employ more nurses in the NHS system in Northern Ireland. Does the Minister agree that in order to make savings we should reinstate nurses who want to work and do away with agency staff whose costs are higher?

[Mr Baker]

I thank the hon. Gentleman for raising that point, but I hope he will not mind my saying that today’s Bill is a technical Bill to put on a legal basis the written ministerial statement laid before the House last year, and I am reluctant to get into particular decisions. However, I think every Member of this House will know that agency staff are very expensive and it would be much more preferable to avoid their use.

I do not propose to waste the House’s time by going through every detail of every clause on Second Reading—I will come back to that in Committee—but in summarising the Bill I want first to thank Opposition Members, in particular those on the Front Benches, for the approach that they take to these matters. I know they do not hesitate to hold the Secretary of State and me to account, but equally when necessary measures need to be taken, they are constructive, for which I am grateful because this Bill is about making sure that public services can be provided in Northern Ireland.

The Bill will place the Budget that the Secretary of State outlined to the House in his written ministerial statement on 24 November 2022 on a legal footing. It will also allow Departments and other listed public bodies to continue to deliver public services into the first half of the 2023-24 financial year through a vote on account. I do not propose to repeat the contents of that written ministerial statement, which set out the respective allocations reflected in this Bill; what I will say is that those Budget allocations were developed as a result of extensive and sustained engagement with the Northern Ireland civil service. I want to thank again the Northern Ireland civil service, and indeed our own officials in the Northern Ireland Office, for working with great passion and at great pace to work through this Budget; it was inspirational to see and I am particularly grateful to our senior leadership team for the way it rose to the occasion.

The Secretary of State has met Sir Robert Chote, the chair of the Northern Ireland Fiscal Council, and has received a range of representations from public groups and individuals. We have prioritised spending in health and education, with an overarching objective of protecting the most vulnerable: this Budget increases education spending by just under £300 million and delivers a £786 million increase in non-covid-related health spending.

The challenges that all Departments now face are due to the repeated failure of previous Northern Ireland Executives to take strategic decisions to reform public services and deliver sustainable finances. When Ministers left office in October, the Department of Education, the Department of Health and several other Departments were set to overspend significantly, with no plan in place to address that. The best solution for Northern Ireland’s health, education and other public services is a functional and effective devolved Government taking much-needed decisions to place those public services on a sustainable footing.

[Karin Smyth (Bristol South) (Lab)]

Like many Members of this House, I will be immediately affected, through immediate family, by the Bill’s provisions on education and on health, with the collapse of a care contract in my family this year because of the lack of budgets in the voluntary sector. I am afraid that the Minister is speaking as if none of this were the Government’s fault. Although of course it is up to devolved Members to create an Assembly, over the past six years they have been unable to function as they would in Wycombe or Bristol because of the situation with Brexit, the discussions on the protocol and so on.

This afternoon’s debate is like living in some kind of fantasy land. That is not acceptable from the Government. The very least that they could do is advise us how quickly they will act to resolve the issues around the protocol so that the parties can get back around the table, because the two things are not separable.

[Mr Baker]

I am grateful that the hon. Lady finished with an encouragement to resolve the issues in the protocol. I have to tell her that I think the sense among all parties at the moment—including the Government of Ireland, the parties represented here in the House, Ministers and the European Union—is that we all want a deal. We want to move on. We want a deal that respects the legitimate interests of Unionism, that keeps the whole UK together and out of the European Union, that respects the Acts of Union and so on. My sense is that through much-improved constructive relations between the UK and Ireland and the European Union, we may well be able to get a deal, but I have to say to people watching this debate that right now there is no deal on the table. There is a large gap to be bridged, and we are working intensively to do just that.

With respect to the hon. Lady’s earlier remarks, she knows as well as I do what the devolution settlement is. I can tell her that the responsibility that we bear certainly sits heavily on the shoulders not only of Ministers in the Northern Ireland Office, but of our officials. She will know that our officials often have friends and family in Northern Ireland or who come from Northern Ireland; I am grateful that she acknowledges that. All those people, I dare say, will feel as acutely as she does the implications of the situations that she has set out. She will know that it is very difficult today to see a Government moving into direct rule. In the absence of direct rule, we simply must make progress on the protocol.

As we approach the anniversary of the Belfast/Good Friday agreement, I really hope that this exchange will be heard in the European Union, because we all want to be able to celebrate that agreement and 25 years of peace—and to celebrate it with the Executive up and running. DUP Members have made it very clear what is on the table, and I think that it is a moment of considerable gravity for us all. But in terms of the real effects on everyday people in Northern Ireland: yes, I am acutely aware.

In conclusion, the Bill is essential to deliver spending for Northern Ireland Departments within the Budget limits that have been set. It will not be an easy task; it will take place in difficult circumstances. People in Northern Ireland rightly expect to see decisions being taken in Stormont, and I agree. Once again, I must state my continued disappointment that it is necessary for the Government to step in and legislate for this Budget, and once again I urge the Northern Ireland parties to find a way back to forming a Government. However, until a functioning Executive returns, the Bill will allow public services to continue functioning and help to protect public finances in Northern Ireland. I therefore commend it to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

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[Sammy Wilson]

I do not want to get into history, but I would point out that in the first year I was Finance Minister, we had a 5% cut in the Budget in the middle of the financial year as a result of decisions made here, and we agreed a Budget. Furthermore, we agreed a Budget not just for one year but for three years, so it is possible for the Assembly to make decisions. All I am saying is that, in its current form and with the current party holding the Department of Finance, that has not been possible. The point I am trying to make is that rather than lay the blame at the feet of the DUP for not operating an Executive—in which its views were excluded anyway—we should lay the blame for this situation at the feet of those who could not make an operable Budget even when the Executive was functioning.

Moving on to my second point, the Minister has made great play today of the fact that Northern Ireland gets treated more generously than the rest of the United Kingdom. I accept that, but so do Scotland and Wales. One of the important things about being part of the Union is that there are fiscal transfers from those parts of the country that have geographical, economic and infrastructure advantages that other parts do not have. I do not believe that it shows a begging-bowl mentality when people in Wales, Scotland or Northern Ireland—or indeed the north of England—say, “Look, there are parts of the country that are richer, but one of the benefits of being part of the Union is that those parts help the areas that are in difficulty.” Indeed, the Government’s own philosophy at the moment is what? To level up, and to accept that there is a responsibility to transfer resources to those areas that, for whatever reason, face disadvantages.

I would point out to the Minister that the increase in the money we have had to receive is partly due to the protocol, which his Government signed up to. There is nearly £500 million a year in the trader support scheme, as well as the resources behind the extra sanitary and phytosanitary checks—the people who have had to be employed, the computers that have had to be installed and the buildings that we now find are going to be built, but not as a result of a decision made by Ministers in the Northern Ireland Executive, because of course there could not be agreement on that.

Ministers at Westminster have now taken over the power to deliver at least a £47 million investment in border posts within our own country. There are questions—not for today, but at some other stage—about who authorised civil servants to start the work on those before Ministers in Westminster took responsibility, even though it was controversial. The Minister has talked about the difficulty of civil servants taking decisions, but it seems that when they want to, they can even make controversial decisions—decisions that split the United Kingdom and put border posts between Northern Ireland and the rest of the United Kingdom. Nothing can be more controversial than that, yet civil servants seem to have been able to take those decisions.

The Bill allows Departments to spend until the end of this financial year, and then into the middle—I think it is June—of the next financial year. That is not unusual. Indeed, if the Assembly had been functioning, that power would have to have been given to give the Departments the ability to spend that money on account until the Budget was finally agreed—it usually was agreed, but it was not agreed in some cases—in the Assembly in June of this year.

There are aspects of the Budget that are particularly difficult: one, which has already been mentioned in interventions, is the expenditure on education. Once education and health are taken out of the Northern Ireland Budget, we do not have a great deal left, because they account for over 60% of spending between them. However, education has been specifically targeted by Ministers to face a reduction, even though education spending in Northern Ireland is at the lowest level per head in all parts of the United Kingdom. The difference between Northern Ireland and Scotland, for example, is £1,200 per pupil. I know that these things are not always solved by money: although Scotland has the highest level of expenditure per head when it comes to education spending on pupils, its outcomes are actually falling, so let us not imagine that there is a direct correlation all the time between spending money and getting outcomes.

I am sure the Minister will make the point that that is why it is important for Government Departments to make decisions about performance, efficiencies, productivity and so on. Some of the decisions that the Assembly has made have not been helpful in that regard. The Integrated Education Act (Northern Ireland) 2022, which was passed just before the Assembly collapsed, gives preference to one particular sector of the education system. I think that Act is going to make it much more difficult to rationalise education and, therefore, to ensure that money is better spent. While I do not want to go into the detail of the Act today, that is what the other sectors of education believe as well—that it is going to make that whole process of efficiency and spending in education more difficult than it is at present. Again, that is an example of where just having a devolved Administration, which should know local needs, does not always ensure that the most efficient decisions will be made.

On health, leaving aside the money that is spent directly from Westminster—annually managed expenditure —we are now spending nearly 45% of the total Budget that the Executive has to spend on health, yet outcomes are falling and waiting lists are increasing. I get letters from constituents and angry letters from doctors all the time, saying, “We need to spend more on health. We are under- resourced; we are underfunded.” I do not know how much of the Budget we can continue to take out and give to one particular sector—there are other areas, as Members have mentioned, including policing, infrastructure, education, universities, training, agriculture and industrial promotion. All those things are in competition, and we cannot simply say, “Here is one part of the Budget that we will keep pouring money into.”

Of course, as I mentioned, some money could be released for the trader support service and the other expenditure around the protocol—nearly half a billion pounds every year. As the Government now accept, the reason why that money is spent is that the protocol is such a big disadvantage and a burden on business that they need to help those businesses overcome the bureaucracy, and the barriers and impediments to trade between GB—our biggest market—and Northern Ireland.

The other point I wish to make on the Budget this afternoon is that when it comes to looking at priorities, even in the absence of devolution Ministers could do more to look at where we need to spend the money and direct civil servants. Despite what the Minister has said, civil servants now have the power to have greater flexibility in how money is spent. I know it is difficult for them and that some of those decisions are political, but there have already been political decisions made about the priorities that the previous Executive and the Assembly wanted. Surely those things should be guides to civil servants in making decisions about how money could be more effectively spent. As I have said, they make some controversial decisions in relation to the protocol, so there is no reason why we should not have tweaking of the Budget.

The last point I wish to—

[Mr Steve Baker]

The right hon. Gentleman has mentioned this a couple of times and I mean to come to it as I close the debate. We have to insist that it is Ministers who decide, and officials who advise. He will know that the protocol is the responsibility of the Foreign Office. I am highly confident that Foreign Office Ministers will have taken a decision and taken responsibility for it. Of course, it is not Northern Ireland civil servants who are responsible on the protocol, but the Foreign Office. I want us to respect the fact that the Foreign Office is taking this matter very seriously.

[Sammy Wilson]

The point I was making—the Minister knows this, because we have raised it here on a number of occasions—is that the responsibility did lie with the Northern Ireland Executive. The Foreign Office did not like the decisions that Democratic Unionist party Ministers in the Executive made on the protocol infrastructure and only recently have taken over the responsibility to implement that. Even before that happened, civil servants—I do not know whether they did this at the prompting of officials or Ministers in the Foreign Office—were already making decisions about clearing sites in my constituency to build border posts.

The last point I would—

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[Gavin Robinson (Belfast East) (DUP)]

As you know, Madam Deputy Speaker, it is customary to say that it is a great pleasure to follow the previous speaker—in this case the hon. Member for Foyle (Colum Eastwood)—so may I thank him for the comments that he made about Dáithí’s law, which makes that convention easier to abide by? I agree with him wholeheartedly, and I thank him for his sincere remarks about our former colleague Alex Easton, the independent Assembly Member for North Down. In such harrowing and tragic circumstances, those remarks will be appreciated by him and by all those around him.

I do not think that there is any need to delve into some of the squabbling of the past 10 minutes, but I place on record my appreciation for the comments of the shadow Secretary of State, the hon. Member for Hove (Peter Kyle). He rightly identified the huge failure on the part of the Government to deal with or grasp the issues presented to them in the six months following the September 2021 speech at La Mon in which my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) outlined clearly, in intelligible terms that anyone could understand, how the protocol was fraying the strands of the Belfast agreement. The more those strands fray, the more likely it is that they will snap.

We should not need a history lesson in this Chamber to know that in New Decade, New Approach an agreement was struck that dealt not only with police officer numbers, but with the fact that Northern Ireland had been removed from the United Kingdom’s internal market. A commitment was given to restore Northern Ireland’s place within the United Kingdom’s internal market. If that commitment had been delivered, we would not be where we are today. If the warning that the shadow Secretary of State has highlighted had been heeded at that stage, steps would have been taken to ensure that we did not end up where we are today.

I had to smile when the Chairman of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare), said that we get fed up with him. He then had more to say, but I agreed too early, so I apologise for that. However, he has stood at the vanguard of those who have dismissed and demeaned the legitimate political concerns that have been raised—not post the Northern Ireland protocol, but during its passage through this House and in all the tumultuous years that led up to that point. It was clear as day: we did not support it in October and November 2019, and we did not support it when we came back in January and February 2020.

It is clear as day that when Northern Ireland is removed from its integral place within the United Kingdom, without the consent of people in Northern Ireland; when a situation is created in which Northern Ireland Assembly Members are no longer able to vote, speak or shape laws that attach to trade; when a huge cost is placed on consumers across Northern Ireland and product choice and availability is removed; when there is an attempt to subvent that at a cost of £358 million over the past two years, or some £460,000 a day, for the trader support service in order to ameliorate the bureaucratic requirements associated with the protocol, with grace periods in place; and when people have the temerity to talk about a cost of living crisis, without recognising the huge costs placed on consumers and businesses in Northern Ireland because of decisions taken by this House, there is a problem.

I am extraordinarily sorry to say that this is the second time that as Members of Parliament here we are having to set a Budget for the people of Northern Ireland. That should not be the case. The issues should have been grappled with much earlier. The Chairman of the Northern Ireland Affairs Committee indicated that civil servants cannot make decisions, but we passed the Northern Ireland (Executive Formation etc) Act 2022 in this House last year. Section 3 of that Act makes it very clear that civil servants are empowered to make a decision even when it has not been put to the Executive, if

“it is in the public interest”.

Am I suggesting that that is an ideal situation? No. Am I suggesting that it could not be better? No. Would we like to be in Stormont, shaping our own destiny? Absolutely we would, but we should not suggest, as has been suggested, that decisions of public importance on life-and-death issues—decisions that are in the public interest—should not or cannot be taken. They can.

That is why I have raised with the Minister of State, on a number of occasions, an issue around Grenfell cladding, as but one example. The hon. Member for Belfast South (Claire Hanna) will know that she benefited from Grenfell moneys in her constituency because a building there had an ACM cladding system. In my constituency, buildings have non-ACM cladding, for which the Executive have not yet created a scheme. I am not talking about money that the Executive need to get from Whitehall—they already have it. In March 2020, I got letter from the Finance Minister saying that the money had been reallocated because we did not have a scheme, and yet in one complex alone in my constituency there are 474 apartment owners who know that their building is made from materials that need to be remediated. They also know that, two years ago, the Executive got money from Whitehall to remediate that building. They cannot sell their properties. They cannot get an EWS1 form. They cannot borrow against their properties. They are stuck until the scheme is delivered. We are talking about remediating cladding that is a fire safety issue.

[Mr Steve Baker]

The hon. Member makes his point with great force on behalf of his many constituents. Since last week, when we met and discussed the subject and I wrote to him, my officials have confirmed with Northern Ireland civil servants that a scheme is under development. I know that he will continue to champion his constituents on this issue and I will continue to be in touch with the Northern Ireland civil service on this point. Obviously, we do need to see progress on that.

[Gavin Robinson]

I thank the Minister. I appreciated the correspondence, which he copied to colleagues as well, and I appreciate him looking at this. The scheme that was referred to his officials has been under development for well over 12 months now. The scheme envisages a Whitehall Department—it will remain nameless—which is already administering the scheme in England, administering the scheme on our behalf in Northern Ireland as well. Yet, even though we passed legislation in the Northern Ireland (Executive Formation etc) Act 2022 last autumn, officials are still suggesting that, when the scheme is developed, they cannot do anything because they need the Executive to agree it. I was grateful for the clarity in that legislation last autumn that that is not the case and that it need not be the case. It is in the public interest that officials should advance that in the absence of functioning institutions at Stormont.

I raise that as just one discrete issue to highlight how things must move on. Policies must progress. When money has been attributed by Westminster to Northern Ireland for that specific purpose, when the Executive have accepted that there needs to be a scheme, and when there is a blatant need for people who are trapped in their homes or for fear of fire safety issues, it needs to happen.

I mentioned that this is the second time that we have considered a Budget Bill in this place. I want us to cast our minds back to the last process. In that, the Treasury started off with the new regional rate for Northern Ireland at something extraordinarily ridiculous like 18%. I see that one official who was scarred by that process has returned for a second go. However, 18% was absurd. We had to engage significantly with the Treasury on that. In those discussions with the then right hon. Member for Runnymede and Weybridge, now Lord Hammond, it was clear—this is the importance for this debate—that we cannot just keep on with the same funding system for Northern Ireland. I invite the Chair of the Northern Ireland Affairs Committee to have an inquiry on that specific point.

There is absolutely no point in either today setting a Budget and thinking things will get better tomorrow or establishing an Executive and believing that it will all be okay. The Northern Ireland funding system does not work. The Northern Ireland funding system will only get worse. The Minister enjoyed saying that Northern Ireland gets a 21% premium above his constituents in Wycombe, but if we are honest about the figures, his constituents are outbid by a 30% premium for households in London, 20% for those in the north-east of England and 20% for those in the north-west of England. All those individuals do better in funding per household than the affluent south-east of England.

Northern Ireland has a disproportionately larger public sector, even though it has a smaller population, because there needs to be a critical mass to provide services. We have higher levels of deprivation; the hon. Member for Foyle mentioned it, and parts of my constituency, west Belfast and other urban environments are in exactly the same position. Rural deprivation is also disproportionately higher than in other parts of the United Kingdom. That all goes back to the Barnett formula from 1979; the Northern Ireland Affairs Committee should grasp the issue. When we engaged with the then Chancellor of the Exchequer, there was a recognition of that, but if someone were to ask the Treasury today whether there is a problem with how Northern Ireland is funded, it does not seem to have any legacy knowledge of that discussion.

Importantly, it was agreed in New Decade, New Approach that a Northern Ireland Fiscal Council would be established to consider how Northern Ireland is funded and the sustainability of our funding system. That has been established and it has published incisive reports that are ignored. If they are not ignored, they are picked up only because people are interested in newsworthy items about Brexit or about the potential for water charges. People are missing the core element of those reports, which is the recognition that, if we do not systematically change how Northern Ireland is funded, the situation will only get worse.

In January 2023, the Northern Ireland Fiscal Council considered the long-term projections for the Northern Ireland block grant. It was 29% of the premium that we received in the 1970s and it has fallen sharply since.

--- Later in debate ---

[Mr Steve Baker]

With the leave of the House, I am glad to respond to the debate.

First and foremost, I join other hon. Members in offering condolences to Alex Easton, whose parents Alec and Ann tragically died in a fire in Bangor earlier today. I know the whole House will want to put on record our shared sorrow at this news, and to thank the emergency services who attended. At the same time, I am delighted to congratulate Doug Beattie on the birth of his granddaughter Skyler. I am sure we will be able to find a couple of copies of Hansard to send on to the families.

I am grateful to the Opposition for their comments; When opening the debate the hon. Member for Hove (Peter Kyle) said that we were right to prioritise restoring power, and I am grateful to him for that. He asked for an update on the negotiation, which I will give in a moment. We are all agreed that Stormont should be restored—I think that has been a universal theme. The Secretary of State and I have met a wide range of stakeholders and, though of course we are in an undesirable position, we are confident that we have listened to a range of views as we have participated in reaching these decisions with Northern Ireland’s civil service.

Turning to the protocol, as hon. Members know, it has always been our preference to resolve the issues through talks. The Foreign Secretary and Vice-President Maroš Šefčovič speak regularly and Government officials have technical talks. The Foreign Secretary and Vice-President Šefčovič spoke on Monday 16 January and have agreed that rapid scoping work should continue, which we are very pleased about.

We welcome the agreement reached recently on the EU’s access to UK IT systems that provide live information about what goods are moving across from Great Britain to Northern Ireland. That agreement has provided a new basis for further constructive discussions with the EU to come to a negotiated solution on the protocol. We are of course proceeding with legislation, but I would like to take a moment to elaborate on the situation we face.

It is sometimes impressed upon me by some of the harder-line Unionist commentators that we should simply tear up the protocol. I am not sure what political world they think we operate in—I am not talking about Members of this House, but some individuals outside it. The world is rather more complicated than that. Ministers do not have unfettered power to tear up treaties, nor should they. That is why we proceed with the Northern Ireland Protocol Bill.

On the point about border posts, the reality is that we are in the happy position where legitimate interests on both sides are now being recognised: the legitimate interests of the EU and Ireland to have their market protected—that is what the border posts are for, even in the circumstances that the Protocol Bill has to become an Act and be used—and the legitimate interests of Unionism and Unionists. I put on record my heartfelt thanks to the present Taoiseach, Mr Varadkar; I know I will not be thanked by some Unionists for that, but he has had the statesmanship to move his position and recognise the legitimate interests of Unionism. I am grateful to see Opposition Members nodding; it is very good news.

Given the position we are in, where we are very willing to recognise the legitimate concerns of the EU and Ireland and they are increasingly willing to recognise the legitimate concerns of Unionism, this is a moment when we ought not to goad one another. I have fought hard enough in this place over Brexit, but we are tantalisingly close to recognising that we are friends and partners and that we can look after one another’s interests and go forward in the spirit of goodwill.

I encourage everyone, rather than rehearsing the arguments and grievances of the past, to look to a future that is tantalisingly close to being very positive, with a deal that we can all accept. With that in mind, I want to say gently to those of us who fought for Brexit, those of us who are Unionists, that when a deal comes—I do believe it is when, but there is a lot to be done—if that deal is acceptable to the Eurosceptic cause and to Unionism, we are all going to have to sell it to people. It will be no good to just denounce border infrastructure, which is there for the red lane, to protect the interests of the EU. Denouncing what has been done, when we have the green lane and arrangements for unfettered access within the UK, will not be enough. I mean that most sincerely, because if one thing has come home hard, even now—I think I have always known it, given when I joined the Royal Air Force—it is that even after 25 years of the Belfast/Good Friday agreement giving us some welcome peace, the politics of Northern Ireland, as hon. Members from Northern Ireland know better than me, is not to be taken for granted.

The politics of Northern Ireland is a grave thing; too many graves. That has been realised across the European Union. People realise that it is a post-conflict society with, as we have heard, an enforced coalition between the two poles of debate on the pre-eminent constitutional question that caused the conflict, so things are not to be taken lightly. That is why I am happy to put on record my admiration for the current Taoiseach and his predecessor, Mr Martin, with whom I get on well. I look forward to meeting Mr Varadkar. On the protocol, we are tantalisingly close to a success of which we can all be proud and then move on. Let none of us do anything to spoil the prospects of that success.

I turn to the overall points made about spending. Notwithstanding what was said about the Barnett formula and so on, which we support, it must be said that per head public spending in Northern Ireland is the highest of any region of the UK at 21% per head more than the UK average. The Northern Ireland block grant is at record levels, averaging some £15 billion a year over the next three years. On top of that, if we look at the new deal for Northern Ireland at £400 million, city deals at £617 million, the New Decade, New Approach financial package at £2 billion and the forthcoming Peace Plus at £730 million, that adds up to about £3.5 billion of extra funding. That is reflective of Northern Ireland’s special status. But it cannot really be said that Northern Ireland is in any sense neglected.

I will make three points about the process by which we came to the Budget. First, it has been drawn up as a result of intensive engagement between our officials and the Northern Ireland civil service. We are grateful to officials on all sides. The Government have also taken on board many representations that we received in correspondence and in person.

Secondly, I stress again that we believe this overall Budget is a fair and appropriate settlement that reflects the key pressures facing Northern Ireland. I mentioned per-head spending, and I will not repeat myself. Thirdly, it has been said on many occasions that the Bill does not preclude a functioning Executive from making changes to the Budget allocations, should one return. Of course, we are beyond the point at which it is possible to restore the Executive without an election so we would have to legislate. We all fervently hope that the Executive could be restored without an election, and the Secretary of State is considering all his options.

I turn to the important point about the PSNI made by the leader of the DUP, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). As the right hon. Member will know, its main budget is allocated by the Northern Ireland Department of Justice. The Budget gives the Department of Justice a 3.1% uplift on its 2021-22 budget. In addition to the block grant, the UK Government provide the PSNI with the additional security funding that it needs to tackle the substantial threat that we face from Northern Ireland-related terrorism. The UK Government contribution for 2022-23 will be £32 million

[Sir Jeffrey M. Donaldson]

I do not dispute the Minister’s figures—my point was not about those figures and I was not challenging them—I was simply pointing out that, in relation to New Decade, New Approach, there was an agreement to recruit additional police officers to bring us up to the level that was agreed way back when the Police Service of Northern Ireland was formed. It was clear that the Treasury would provide the additional funding required to ensure that those extra officers were recruited. My point is simply this: that has not happened.

[Mr Baker]

I am extremely grateful to the right hon. Member for clarifying that point. I will write to him on that. The PSNI is close to my heart, and I am extremely grateful to all the people who work for the PSNI for everything that they do to keep us all safe.

The Opposition spokesman the hon. Member for Hove, the right hon. Member for East Antrim (Sammy Wilson) and the hon. Member for Foyle (Colum Eastwood) all talked about education funding. According to information published by the Treasury, identifiable public spending on education stood at £1,759 per head in Northern Ireland for the 2020-21 financial year. That compared to £1,428 per head for the UK as a whole over the same period. That was 23% higher than the UK average. That reflects our commitment to Northern Ireland and to education.

The Department of Education projected significant levels of overspend, but this Budget has actually delivered an increase in education spending of just under £300 million. We recognise that pressures above that level of increase will require difficult decisions to be taken, but we believe that those decisions are deliverable within the legal framework that we have set out in the Northern Ireland (Executive Formation etc) Act 2022 and the accompanying guidance.

I was grateful to the hon. Member for North Down (Stephen Farry) for his point about efficiency savings that could be made in education. My goodness, yes there are some. Again, that integrated education could even be a question in the 21st century is extraordinary to me. There are certainly savings to be made. That level of additional funding represents around a 12% increase on the previous year, excluding the additional funding allocated for covid. That really is as much as could be afforded in the light of the £660-million black hole that we were facing. Overall, that demonstrates just how unsustainable Northern Ireland finances have become and the need for reform.

The hon. Member for Gower (Tonia Antoniazzi) mentioned women’s healthcare, particularly the misery of endometriosis. Once again, this is a shocking situation to be in. The hon. Member for Belfast South (Claire Hanna) talked about the lack of collective shame. In this day and age, we should be ashamed of the state of public services in Northern Ireland. For far too long we have been just grateful for peace and have not done enough to highlight across the whole of the UK what needs to be done to serve the people of Northern Ireland because, my goodness, they deserve good services.

This Budget provides £7.28 billion in funding for the Department of Health. That is an increase of £228 million on 2021-22 spending, which included significant covid-19 funding. It is an increase of £786 million compared with last year’s funding, excluding the one-off covid uplift. As with education, there will be difficult decisions to take on health. Decisions on the reform of healthcare will be difficult. The Bengoa report, as we have discussed, should be carried forward. Too many years—six—have gone by without progress. We need to see Executive return as soon as possible.

I will make one more point before I conclude. I responded to the hon. Member for Foyle in an earlier debate on the addiction rehabilitation centre. I can tell him that the Government stand ready to respond to a proposal submitted by the Executive. I know it is frustrating; I am frustrated because I want to give him the answer he wants. We are waiting on that Northern Ireland Department of Health business case.

[Colum Eastwood]

I am extremely frustrated, as the Minister knows, because this has been going on since the New Decade, New Approach and beyond. We have people dying every single day of addiction-related conditions. Can I press him on one issue that was raised by me and other colleagues, which has a total support across political parties in the Northern Ireland? It is Dáithí’s law on organ donation. Will the Government do something to address that wrong, and to follow through on what had already begun when we had an Assembly and an Executive?

[Mr Baker]

The Secretary of State is reflecting on that very thing right now. I believe he is meeting the parents, although I cannot confirm when. The point is well made. The Secretary of State will certainly reflect on it. I will no doubt be party to those decisions.

[Carla Lockhart]

I associate myself with the remarks about Dáithí’s law and trying to ensure that that proceeds. The Minister noted that he was on his final point: can he first bring some clarity around the abortion issue that I raised? What services would he advocate being cut for abortion services to be provided in Northern Ireland? Will there be new money made available from the Treasury to facilitate the abortion services that have been forced on the people of Northern Ireland?

[Mr Baker]

As the hon. Member well knows and does not like, we were forced under law to bring forward abortion services because this House legislated. She may recall that I was in the Lobby with her voting no. That was because I did not want to see the devolution settlement trespassed upon. It is my belief that women in Northern Ireland should have access to abortion services. That is because I think that the law as it stands for my constituents in Wycombe and in England is about right, leaving as it does room for conscience in the earlier stages of pregnancy.

What I would say to the hon. Member is that the law required us to move forward. I know she does not like it, but money has been allocated as set out in the Budget, and the memorandum is available. We just have to move on. I am well aware that people will find that challenging, but the Secretary of State has done the right thing in complying with the law.

I will finish by saying that there has been a great deal of unity across the House on the pressing need for the Budget and the pressing need to transform and improve public services for the people of Northern Ireland. The hon. Member for North Down mentioned managed decline in his remarks. I am clear, as I know he is, that managed decline is not good enough for the people of Northern Ireland. As we approach the 25th anniversary of the Belfast/Good Friday agreement, and as we approach hopefully getting a deal on the protocol and therefore restoring the Executive, it is incumbent on all of us in our different and respective positions to work out how to better serve the people of Northern Ireland and deliver a Budget that not only works for them, but that transforms public services so that Northern Ireland can be a real beacon for the whole UK.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Northern Ireland (Executive Formation etc) Bill

Steve Baker Excerpts

Committee stage
Tuesday 29th November 2022 Commons Chamber

[Mr Steve Baker]

In speaking in favour of clause 1 standing part of the Bill, I do not propose to go through the Bill clause by clause and elaborate on its purpose, because the Secretary of State has not long done that during the debate on Second Reading. I also sense that Members have already spoken to the content of many of the amendments, so I propose to conclude my initial remarks now and then come back to the amendments in detail at the end of the debate.

[Gavin Robinson]

I wish to speak to the amendments in my name and those of my party colleagues. I have a sense from the way in which some colleagues have gathered that they are interested in an accelerated conclusion to proceedings, but I know that nobody would want to deny us the opportunity to talk to important matters that affect the Province and governance in Northern Ireland.

I suspect that the conclusion to our consideration of amendment 13 will be positive and allow Members to retire gracefully from the Chamber. Until we get there, however, it is important to say that I hope that Members were able to discern on Second Reading that there is agreement across the parties on the content of a whole range of amendments—some in scope, some out of scope —tabled for Committee. A number of the amendments are remarkably similar in intent and import. Whether we are Members of the Social Democratic and Labour party, the Alliance party or the Democratic Unionist party, there is common ground to be had among all of us in this Committee stage and in other areas that fell outside consideration. If there is any encouragement to be taken from these proceedings, that should be it.

Amendment 13 is important, given that what we have in governance at the moment is suboptimal. There are ways in which we can enhance the governance oversight and democratic accountability of decisions taken through this Bill. We are asking that the Northern Ireland Office consider incorporating and involving Members of Parliament and Members of the Legislative Assembly in the decisions taken and in notifying us accordingly. That is the import of amendment 13.

[Mr Baker]

rose—

[Gavin Robinson]

I know that the Minister has considered amendment 13 and that he has published helpful guidance, which he may wish to address now.

[Mr Baker]

Yes, we published the guidance as my right hon. Friend the Secretary of State was making his opening remarks. I draw the House’s attention to paragraph 15 of the draft guidance, which says that records should be kept of decisions that have been taken by officials. It goes on to say:

“A monthly summary report of decisions taken using the Guidance should be prepared by NI Departments and shared with the Secretary of State. The Secretary of State will promptly make these reports available to Parliament.”

We will be very happy to append “and MLAs”, and I hope that the guidance, as we aim to amend it, meets the aims and intentions of the hon. Gentleman’s amendment.

[Gavin Robinson]

We are almost there. I am very grateful to the Minister for that clarification. Clearly, the guidance says that the reports will be made available to Parliament. In our normal understanding, that would mean laying those reports in our Library. If we are incorporating MLAs, I think it would also be appropriate for relevant MPs who have expressed an interest in the passage of this Bill and who are from Northern Ireland to be able to get access to those reports. That means making them available in the Libraries of the House of Commons and the House of Lords, and to the Northern Ireland Assembly and relevant representatives.

[Mr Baker]

Absolutely no problem. We will implement that as the hon. Gentleman suggests.

[Gavin Robinson]

Dame Rosie, you can see that there is a willingness and desire to move things along. I am very grateful to the Minister and to the Secretary of State for their engagement. That is a helpful clarification on the guidance.

As I mentioned tangentially during an intervention I made on Second Reading, a number of amendments that were tabled fell outside the scope of the Bill, but I hope that the Northern Ireland Office will engage with us and colleagues across the House pragmatically over the next few weeks, because these issues are not going to go away and need to be resolved.

--- Later in debate ---

[Stephen Farry]

Members will be pleased to know that I will be extremely brief. I will touch on a few points.

First, I will not repeat the arguments for amendment 10 given that I mentioned them on Second Reading, but I invite the Secretary of State or the Minister to respond to the substance of it when they wind up. I hope they will reflect on what I and the shadow Secretary of State, the hon. Member for Hove (Peter Kyle) have said about not boxing themselves in for what lies ahead.

Beyond that, I stress that there is a need for some degree of ad hoc scrutiny in what happens over the coming weeks and months. With respect to my DUP colleagues, amendment 13, taken literally, is somewhat onerous, but there is also an elephant in the room: our best means to scrutinise decision making in Northern Ireland is to have a fully functioning Assembly.

[Mr Baker]

First, I thank Members opposite for being constructive in dealing with Northern Ireland issues while also holding us to account. They are holding us to account on new clause 6 in particular, and have asked us to provide reports. We propose instead to make statements to Parliament, including oral statements. Those Members know that they are very welcome to be in touch with us with suggestions. Clearly, we do not want to be in here every day—nor would we need to be—but we would wish to make statements so that Parliament is properly informed. The Secretary of State and I are fully committed to working constructively with the House.

Turning to amendment 10 on indefinite extension, it is not the intention of the legislation to create indefinite or undefined extensions to the Executive formation period. We are deeply aware that the previous political impasse dragged on for three years, and we cannot allow that to happen again.

[Julian Smith]

My hon. Friend is absolutely right. We are in the last-chance saloon. We have all seen that political decision making on public services is required now. There is a short period, I would argue, for a negotiation on the protocol, and then we need to get back to an Executive. All these amendments are fine, but the only thing we have to achieve is a deal with the EU that allows our colleagues in the DUP to get back into the Executive.

--- Later in debate ---

[Mr Baker]

I wholeheartedly agree with my right hon. Friend. Getting that deal will require us, as we have said several times, to respect the legitimate interests of our negotiating partners while also delivering on the legitimate interests of Unionists. I am extremely grateful to him for his support.

[Stephen Farry]

I want to press the Minister on that point. I fully accept his point that the legislation being open-ended is not desirable in any sense, but, equally, we are seven weeks away from the 18 January deadline. If he is genuinely telling us that he believes we will have a full outcome in that period, that is great, but surely he recognises that that may not be the case and that it would be best not to box himself in entirely.

[Mr Baker]

I certainly recognise that we may not reach a deal, and that is why the Northern Ireland Protocol Bill continues its passage in the other place, but the reality is that we cannot allow ourselves to drag on with indefinite extension. The people of Northern Ireland deserve good government, and that is why the legislation is drafted to create a short, straightforward and defined extension to the period for Executive formation. I very much hope that we will conclude an agreement, reform the institutions and then move forward.

--- Later in debate ---

[Sir Geoffrey Cox (Torridge and West Devon) (Con)]

I had the great privilege a little while ago of being the Advocate General for Northern Ireland, and I recall in the same situation the Chief Justice of Northern Ireland saying to me that there was a serious problem in the appointment of Northern Ireland barristers to the rank of King’s counsel. Can my hon. Friend give me the assurance that he and my right hon. Friend will be in close touch with the Chief Justice of Northern Ireland and that there will be no impediment to the appointment of King’s counsel in the province? It is very important from the point of view of judicial appointments generally that that first rung on the ladder is not obstructed or delayed.

[Mr Baker]

The Secretary of State is well aware of the issue that my right hon. and learned Friend raises. I am grateful to him for putting it on the record, and we will certainly take up the point that he makes.

We do not think we can anticipate all the decisions that civil servants will need to take, so this House should not try to start prioritising some decisions over others. We are clear, however, that we want to restore the Executive with locally accountable politicians taking those political decisions. Amendment 13 concerns reporting on decisions taken. In my intervention on my friend the hon. Member for Belfast East (Gavin Robinson), we reached a conclusion on what we will do through the guidance in paragraph 15, and I look forward to amending the guidance when it is published in its final form.

On amendment 7 and new clause 3 and having “due regard” to the views of the First Minister designate and the Deputy First Minister designate, the essential issue is that the Belfast/Good Friday agreement does not recognise any position of First Minister designate or deputy First Minister designate, nor a joint office of First Ministers designate, so it would not be appropriate to refer to those positions, which do not exist in this expedited legislation. There is also no reference in the Belfast/Good Friday agreement to leaders of groupings.

Clause 3 as drafted already requires the Secretary of State to have regard to representations made by any MLA, and that will allow views from across the political spectrum to be put forward, including but not limited to the leaders of the largest parties in the two largest designations within the Assembly. On other occasions, Members have conceded that the Secretary of State and I have been engaging widely with Members, and we will be glad to continue doing so.

Amendment 8 and new clause 1 are about publishing representations of MLAs and providing a report to the Northern Ireland Affairs Committee. I can assure the hon. Members for Foyle (Colum Eastwood) and for Belfast South (Claire Hanna) that the Secretary of State will treat the duty with all the seriousness it deserves as we provide guidance to senior officers on the exercise of departmental functions in relation to clause 3(1). We do not think that publishing representations from MLAs themselves is a proportionate or necessary step. I would also make the same point about the hon. Members’ new clause 1, which would require a specific report to the Northern Ireland Affairs Committee on decisions taken. As we discussed earlier, reports will be made available through the Secretary of State to MLAs, Members of Parliament and through Libraries, as we discussed earlier.

We have already had a fairly wide-ranging discussion of MLA pay, but what I would say to my hon. Friend the Member for North Dorset (Simon Hoare), the Chair of the Select Committee is that my right hon. Friend the Secretary of State has a real zeal for this issue. He will need to make a determination, and I know that he will consider the current evidence base, but also I am confident that he will instruct officials to look for further evidence on the level of remuneration that MLAs should receive while they are not sitting and carrying out their full duties. We have heard some reasonable arguments about what that will mean for people who are less well off, and I know that my right hon. Friend will bear all of that in mind when he makes his determination. However, I should like to reassure my hon. Friend the Chairman of the Northern Ireland Affairs Committee about all of his amendments and say that his zeal is matched at least by that of my right hon. Friend.

My hon. Friend the Member for North Dorset mentioned pension entitlements. Although it is perfectly reasonable to raise that, and we have considered the issue, the amendment would have a number of unintended consequences, which we do not have the powers to mitigate. We have therefore legislated to avoid those consequences.

I am extremely grateful for a wide-ranging and constructive debate. We have addressed a wide range of amendments to this short Bill, and they are all constructive. I am grateful to hon. Members above all for their forbearance on the compressed timescale that has been necessary for these measures.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 15 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

King’s Consent signified.

Bill read the Third time and passed.

Northern Ireland (Executive Formation etc) Bill

Steve Baker Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Peter Kyle (Hove) (Lab)]

I thank the Secretary of State for setting out the measures in the Bill. I was clear when he introduced it that we would not oppose this legislation.

There is sufficient consensus in Northern Ireland and outside it that elections this winter will not help to break the political deadlock. In many ways, this emergency legislation is the least worst of the options open to the Secretary of State. I emphasise again that Northern Ireland is a valued part of the United Kingdom, and restoring power-sharing should be one of the top priorities of No. 10. The longer the Executive are collapsed, the hollower the 25th anniversary of the Belfast/Good Friday agreement next year will be. Power sharing is the essential and hard-won outcome of that agreement. It is incumbent on the UK Government and the European Union to engage with the concerns of the Unionist community that led to its withdrawal from the institutions. Equally, any solution that emerges must be acceptable to the nationalist community to allow power sharing to resume.

There is also a growing part of Northern Ireland’s population that identifies as neither nationalist nor Unionist. In May, the cross-community Alliance party achieved its best ever results in the Assembly election. Balancing these relationships is the nature of the UK Government’s role as the honest broker for Northern Ireland that Northern Ireland deserves. I was encouraged to hear that the Secretary of State made the decision to delay elections after, in his own words,

“engaging widely in Northern Ireland with the parties, with businesses, with community representatives and with members of the public. I have also spoken with other international interlocutors.”—[Official Report, 9 November 2022; Vol. 722, c. 278.]

The need to mark a new chapter in how the Government deal with Northern Ireland is profound, and I hope this marks that point.

To date, there is a fundamental contradiction at the heart of the Government’s approach to Northern Ireland, which is perfectly illustrated by two Bills affecting Northern Ireland that are going through Parliament at this moment. The Northern Ireland Protocol Bill has as its central justification the lost consent of one community for the protocol. The second, the Northern Ireland Troubles (Legacy and Reconciliation) Bill, not only has no consent of any community, but is actively opposed by all communities, the Northern Ireland Human Rights Commission and every single victims group, yet the Government obstinately plough on. This Government care about the concerns of Northern Ireland when it suits their needs, but sadly overlook them when it does not. That is a recipe for dysfunction, and dysfunction is what has been delivered.

Labour will always take a constructive approach to Northern Ireland, and one way of trying to make progress would be for the Prime Minister to step in and use his great office. Tony Blair’s first visit outside of London as Prime Minister was to Belfast. He visited five times in his first year as Premier. He did it to show commitment to Northern Ireland. It is revealing that the current Prime Minister has not yet made the short trip himself since he came to power, but in that time has managed to go to Egypt and Indonesia.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

He went to the conference in Blackpool.

[Peter Kyle]

The shadow—sorry, the soon to be shadow Minister intervenes to point out that the Prime Minister went to the conference in Blackpool, which he did, and we are very grateful for it. I hope that he will soon make time to go to Northern Ireland himself and perhaps use the power of his office to convene multi-party talks and get some progress over there. This matters, because it was a Conservative Prime Minister who personally championed, negotiated and signed the protocol into international treaty. It is not unreasonable to expect it to take a similar level of involvement to change it.

The Bill before us allows the Secretary of State to delay elections, but it does not explain how the Government will use the extra time they are buying themselves. The first deadline in the Bill for restoring the Executive is 8 December. That is next week. It is unclear how the Government have used the period from 28 October to 8 December to find solutions to restore the Executive. Sadly, I can go back even further and say that it is not clear how the Government have used the entire six months since the Assembly elections. For months the Executive have been collapsed, and there was no visit from the Tory Prime Minister and no multi-party talks in Downing Street. There was not even a statement to Parliament. I would like to think that, had the current Secretary of State been in place back then, he would have done so, because he has respected the House by giving multiple statements since, for which I am grateful. It is a shame that there was no such similar action in that period.

The most recent update on the Northern Ireland protocol negotiations came from the Foreign Secretary during his appearance at the European Scrutiny Committee on 15 November. He said:

“I do not want people to be defeatist, but I also do not want people to run away with the idea that we are just on the cusp of some amazing breakthrough”.

He went on to say that he wanted to “manage expectations.” The Bill gives the Northern Ireland Secretary the power to extend the deadline by a further six weeks to 19 January, but no further. It is not clear whether the Foreign Secretary is bluffing or the deadlines in the Bill are too short.

That matters, because over the next few months, the Government have built up hopes that a deal is imminent. The delegated powers memorandum says of the decision by the Secretary of State:

“Parliament will have an opportunity during the passage of the Bill to scrutinise fully his likely decision and the basis on which he will make it. Any decision he takes will necessarily have to be made very shortly afterwards.”

I hope that when he responds to the debate the Minister is crystal clear on this. He must explain what progress has been made to reach a negotiated solution on the protocol and on restoring the Executive.

Other powers that the Secretary of State gains through the Bill include the ability to make public appointments, cut Assembly Members’ pay and set regional rates. We have been assured that the clauses relating to those measures are all based on previous legislation. Public appointments and rate setting are necessary powers for practical reasons. I hope that Members all agree with the need for the appointment of a Northern Ireland Commissioner for Children and Young People and of commissioners for the Northern Ireland Judicial Appointments Commission. Setting regional rates will provide businesses with certainty. It is also fine to cut Assembly Members’ pay, as that has been done before. Northern Ireland is suffering more from the cost of living crisis than any other part of the country, so I understand why residents would want that part of the Bill to be introduced.

--- Later in debate ---

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

I rise to make what I hope is, in comparison, a relatively brief speech, but I have some questions about how this Bill will work. I hope that will meet your requirements, Mr Deputy Speaker, because I think it is important that we ask these questions and that we centre in this debate the people of Northern Ireland. We have already talked a lot about the institutions, the challenges with the protocol and, indeed, Brexit, as well as about who needs to be flexible—this Government, the European Union—but I think it is absolutely key to talk about the public in Northern Ireland and how they are affected by this legislation. I say that as somebody who has now lobbied five separate Secretaries of State about Executive formation legislation.

Members who were here before 2019 will remember the last incarnation of this legislation, which led to the situation in which we finally had legal abortion in Northern Ireland. It is with the provisions of the Northern Ireland (Executive Formation etc) Act 2019 and how this Bill will affect that in mind that I want to ask these questions. As I said earlier, it has now been 1,134 days since we passed that legislation, and this House took a decision that we wanted to support access at local level that is safe and legal for women in Northern Ireland. We agreed subsequently, in the abortion regulations in 2020—it is 973 days since they were passed—that there should be a service on request up to 12 weeks and that beyond that, up to 24 weeks, two medical professionals could certify that a woman should have an abortion if there was a greater risk of mental harm or physical harm if she did not, which is very similar to England and Wales.

I raised that because one thing to remember in all of these debates is that decriminalisation and legalisation do not mean deregulation. Indeed, the legislation that we have seen flowing from the 2019 Act absolutely sets out how access to abortion should be provided. The challenge for many of us, though, is that during all that time, that has not happened. Time and again, we have seen the 2 million women in Northern Ireland denied that right. Abortion might be legal, but it is not accessible. Indeed, in July this year we heard that a woman in Belfast who had suffered from pre-term premature rupture of membranes was told that she had to travel to Liverpool. We have seen many more not able to access pills.

The reason we have been given for that through the last three years is basically a stand-off between the Northern Ireland Health Department and the UK Government, with the Government upholding the human rights of women in Northern Ireland set out in the 2019 Act. In the last three years, women in Northern Ireland have directly suffered because the previous incarnation of the Bill had not been delivered. All of us in the House recognise that it is one thing to win an argument—it might be another thing to win an amendment—but delivery and implementation are where change happens.

[Mr Steve Baker]

The hon. Member has won the argument, and I can tell her that we are making enormous progress towards delivering abortion. The Government can confirm that services will be commissioned in Northern Ireland before the Bill passes through the other place.

[Stella Creasy]

I thank the Minister for that confirmation. I hope he will join me in paying tribute to all those women in Northern Ireland who have continued to work on the issue, championing their sisters and neighbours—those who need these services—through the political dysfunction and patriarchal discrimination that has led to a situation where we might have decided that something was legal through a previous incarnation of the Bill, but it was not accessible.

--- Later in debate ---

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

My goodness, what an excellent debate this has been.

The hon. Member for Strangford (Jim Shannon) told us why we are here. “We are here because we do not have an Executive,” he said, “and we do not have an Executive because of the protocol.” With great respect to my hon. Friend the Member for North Dorset (Simon Hoare), the Chairman of the Select Committee, I think it must be said, on the basis of realistic observation of the factors at work, that the hon. Gentleman is right: that is indeed why we are here.

The shadow Secretary of State, the hon. Member for Hove (Peter Kyle), said that the Bill was the “least worst” option, and I agree with him. As has been said several times, this is not a position in which we would want to find ourselves today. I think that Members in all parts of the House and all parties represented here, including the Democratic Unionist party, have made it clear that they are devolutionists and would like the Executive to be back in power; but I will return to the protocol in a moment. The Bill is a responsible—if hugely regrettable—piece of legislation, but we wish we did not have to do this.

I will try to deal with as many of the points that have been made as possible, conscious that I will be dealing with the amendments themselves in Committee. The Labour Front Benchers asked how we would use this time, but I was extremely grateful to the hon. Member for Hove for referring to the need to engage with the concerns of Unionism. Let me also record my thanks to Minister Byrne, from the Republic of Ireland, who tweeted about the need to recognise those legitimate concerns—although we need to do that in a way that is acceptable to nationalism, and I was grateful to the Scottish National party spokesman, the hon. Member for Gordon (Richard Thomson), for referring to a move I had made in that direction. We need to have the humility to recognise the interests of our negotiating partners, and to say, as DUP speakers have said today, “Yes, we are willing to use our law to defend their interests.”

Since I have led myself on to this territory, I will just say that my right hon. Friend the Member for Skipton and Ripon (Julian Smith) made an exceptionally powerful speech, which I hope will be heard in the European Union. However, I also hope it will be heard together with the exceptional speech made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), the leader of the DUP. I think that anyone listening to his speech and appreciating that it was made in earnest—and, of course in good faith—will understand what forces at work here will allow us to restore the Executive in Northern Ireland, and restore it in a way that can endure and carry us through the 25th anniversary of the Belfast/Good Friday agreement. We all want to be there celebrating that agreement—I am pleased to see Members opposite nodding—with the institutions up and running. I think that all parties to the protocol, having listened to the speeches that have been made, can see very clearly those forces that are at work.

Members on the Labour Front Bench have asked us how we will use this time well. It is very clear how we need to use this time. We need to use it to persuade the European Union, and indeed ourselves, to work with great political resolve to deliver change on the protocol. This extension provides space for that further progress, and my right hon. Friend the Secretary of State and I will continue to work with our colleagues in the Foreign, Commonwealth and Development Office to that end. It has always been our preference to resolve issues through talks. The Foreign Secretary and Vice-President Maroš Šefčovič are speaking regularly and UK Government officials are having technical talks with the EU.

[Ian Paisley]

Can the Minister update us on how the talks on veterinary medicines are going? Will we have a solution on that before 16 December? Can he also outline whether any more of my constituents will be receiving VAT notices from the Republic of Ireland for goods on which VAT has already been paid in His Majesty’s territories here?

[Mr Baker]

The right hon. Gentleman makes his point with great clarity and force, but I think he encourages me to stray a little too far from the Bill on this occasion. If I recall correctly, I have replied to him on the question of veterinary medicines—whether through a parliamentary answer or a letter, I forget. I think I have signed off a reply, but I will check.

Officials are continuing to hold technical talks, but the reality is that there is still some distance between us, even though some of our technical solutions are relatively close. I say to Members on the Labour Front Bench that we need to continue to show resolve. Anyone watching this debate will see that a great degree of consensus has broken out on all sides. My hon. Friend the Member for North Dorset, the Chairman of the Select Committee, referred to our bromance, and although I have to tell him that he is not actually my type, people might like to observe the good will that exists in all parts of the House. We all want to get the protocol resolved so that we no longer have to talk about it, get the Executive up and running and move on to providing the good government that the people of Northern Ireland deserve.

Before moving on to other contributions, I want to join Labour Members in thanking the PSNI, particularly in the difficult circumstances it has recently faced.

With great respect to my right hon. Friend the Prime Minister, I do not think that his visiting Belfast and holding multi-party talks will be a silver bullet. We can see plainly what the obstacle is to the formation of the Executive, and we need to focus our efforts on the European Union. I should just say that the Prime Minister’s attendance at the British-Irish Council in Blackpool was the first such attendance by a Prime Minister since 2007, and I am grateful that he had the opportunity to meet the Taoiseach.

The Chairman of the Select Committee, my hon. Friend the Member for North Dorset, made a point about the normalisation of politics, which elicited an interesting response from the leader of the DUP, the right hon. Member for Lagan Valley. We have to be extremely clear that we are always going to uphold all three strands of the Belfast/Good Friday agreement, and the right hon. Gentleman set out clearly that that involves the consent of all communities. During my short experience of being in Northern Ireland, I have heard from the public there—and from a number of Members here, including the hon. Member for Belfast South (Claire Hanna)—that people are clearly in the market for normal political government that concentrates on public services, and that there is a desperate need for that. I am grateful to my hon. Friend the Chairman of the Select Committee for making that point.

The role of the Irish Government was brought up by my right hon. Friend the Member for Beckenham (Bob Stewart). I want to be absolutely clear that we are not considering joint authority, nor will we. We have kept the Irish Government apprised of our plans to maintain public services in Northern Ireland in the absence of Northern Ireland Ministers. The Irish Government share our commitment to devolution and the Good Friday agreement. We are pleased that we have begun to transform our friendship and relationship with Ireland, and we will continue to do so.

A number of Members, and particularly the hon. Members for North Down (Stephen Farry) and for Strangford (Jim Shannon), raised the position that officials will find themselves in. We recognise that civil servants should not ideally be put in a position where they need to take political decisions themselves, but we simply cannot bring forward this further extension without taking measures to ensure that some decisions can be taken in the meantime. We believe that the Bill provides Northern Ireland’s civil servants with the clarity they require in order to take the limited but necessary decisions to maintain the delivery of public services during this period.

[Gavin Robinson]

I want to raise an important amendment that was tabled but not selected for consideration in Committee, on the Grenfell remediation scheme for non-aluminium composite material cladding. The money was distributed and then reallocated in Northern Ireland because the scheme was not in place. There are ongoing discussions with Whitehall. This is a public safety issue and, given that there was a fire in Belfast’s Obel Tower just two days ago, it needs urgent attention. Can we remove party politics and, if we are not going to get traction with this Bill, at least have a commitment from the Minister and the Secretary of State that they will turn their urgent attention to this?

[Mr Baker]

The hon. Gentleman knows that the Government care very much about this issue, as he does. This is a good moment to say the Bill is absolutely not taking powers for this Government to direct what happens in Northern Ireland on any particular policy, which is a good reason to come on to the issue raised by the hon. Member for Walthamstow (Stella Creasy), whom I congratulate on her victory in providing abortion in Northern Ireland. Before the Bill completes its passage through the other House, we will have commissioned services in Northern Ireland, but the Bill does not give Ministers of this Government the power to direct what is delivered by the Northern Ireland Department of Health, which will find that it is compelled to commission abortion services, but many of the questions she raises will be properly decided in Northern Ireland. That still relies on the Executive reforming to get the work done. We will commission services and, of course, the Secretary of State and I will continue to take a close interest in how those commitments are carried through and delivered.

The hon. Member for East Londonderry (Mr Campbell) raised the issue of Sinn Féin MPs, and he talked about a figure of £10 million, which I do not recognise, so I would be grateful if he provided a breakdown so that I can consider what he said. Sinn Féin MPs are not paid salaries, because they do not take their seats. If we were to treat MLAs similarly, we would presumably reduce their salaries to zero, which is not our intent. We will have an evidence base when the Secretary of State makes his determination, and that evidence base is not likely to recommend the complete removal of salaries. We have chosen, for good, technical reasons, not to connect our measures to pensions. Of course, other measures, such as allowances, will continue.

[Mr Gregory Campbell]

I accept what the Minister says about Sinn Féin MPs not getting salaries but, if there is to be a reduction, we cannot reduce something that is not given. The only thing they get is representative moneys and allowances. No attempt at all has been made to cut those moneys and allowances for not doing their job, despite repeated attempts to raise it with successive Leaders of the House.

[Mr Baker]

The hon. Gentleman makes his point with great passion, and I think we agree with one another that it is not a good thing to have abstentionist MPs, although I have to say I have met Sinn Féin MPs a number of times in London and found them to be very constructive—to a much greater extent than I expected. They do not draw any pay, and we do not anticipate reducing the pay of MLAs to zero, nor do we anticipate taking away their allowances. Members of the public watching this debate will see that we are behaving reasonably in relation to MLAs.

I thank everyone who has participated in this debate. We are absolutely determined to do what is necessary to restore the Executive in Northern Ireland, which is going to mean reaching a negotiated conclusion on the protocol, and I look forward to doing so.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Oral Answers to Questions

Steve Baker Excerpts

Wednesday 9th November 2022 Commons Chamber

[Kevin Foster (Torbay) (Con)]

2. What recent assessment he has made of the benefits of the Union for people in Northern Ireland.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

We believe that the United Kingdom is the most successful political and economic union in history, and the Government are committed to ensuring that Northern Ireland may flourish and prosper as an integral part of it. That is why we are continuing to work tirelessly for Northern Ireland’s people to restore the Executive, support the roll-out of our energy support package and unleash the full potential of the 25th anniversary of the Belfast/Good Friday agreement.

[Kevin Foster]

I am sure that the Minister’s assessment will have shown that one of the key benefits of the Union for the people of Northern Ireland is the ability to trade with the rest of the UK. Therefore, what progress is he making in fixing the problems with the Northern Ireland protocol, which may hinder that ability?

[Mr Baker]

The Government are engaging in constructive dialogue with the European Union to find solutions to the problems that the protocol is causing. We are also proceeding with the legislation before the House, which aims to fix the problems in the event that we cannot reach a negotiated solution. Of course, it is the Government’s preference to reach a negotiated outcome.

[Claire Hanna (Belfast South) (SDLP)]

The Social Democratic and Labour party seeks to build a new Ireland by persuasion and consent and with the endorsement of the widest possible number of people in Northern Ireland, but the rational mechanism for constitutional change is set out in the 1998 agreement, in the Northern Ireland Act 1998 and in accepted democratic norms. Will the Minister confirm that the Government have no intention of unpicking the principle of consent?

[Mr Baker]

Absolutely. The Government are fully committed to the principle of consent and the Belfast/Good Friday agreement. Indeed, our actions are all guided by that full commitment to the Belfast/Good Friday agreement and its protection.

[Mr Speaker]

I call the shadow Secretary of State, Peter Kyle.

[Peter Kyle (Hove) (Lab)]

Everyone in the United Kingdom was supposed to get the same support this winter, but two thirds of homes in Northern Ireland are heated by heating oil. So that those families can plan ahead, can the Secretary of State or the Minister tell us precisely when they will get their support?

[Mr Baker]

We look forward to the Department for Business, Energy and Industrial Strategy making a statement, but I will just take this opportunity to put on record that households in Northern Ireland will benefit from: the energy price guarantee, reducing the per unit cost of electricity and gas, which is in place from November and backdated to October; the energy bill support scheme, a £400 payment to all households; the alternative fuel payment, a £100 payment to households not using gas in Northern Ireland; and, of course, the energy bill relief scheme. The hon. Gentleman is perfectly right that people are anxious and I regret that today I cannot give an exact date, but we look forward to BEIS making a statement.

[Peter Kyle]

I hope the Minister will encourage his colleagues in BEIS, because it is already winter. Some 60% of homes are being heated by heating oil and they need that support right now. In Britain, heating oil bills have risen from £615 to £1,500, but in Northern Ireland they have risen from £820 to a staggering £1,900. Does he think it is fair that both are getting the same £100 payment?

[Mr Baker]

My right hon. Friend the Secretary of State and I have taken that up with our counterparts in BEIS. We do so frequently and intensively. My right hon. Friend has just said to me that he met the energy Minister on Thursday. We will continue to press colleagues in BEIS. They are fully aware of the situation and the imperatives, and I think a full answer on the justification for the £100 would meet with Mr Speaker’s disapproval at this moment.

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

The Minister rightly said that the Union is both a political and an economic union. In the High Court and the Court of Appeal, in respect of the Northern Ireland protocol and its application, the Government’s lawyers argued that the protocol superseded article 6 of the Act of Union itself—the Union with Ireland Act 1800—which is the basis for the economic union. Will the Government and the Minister assure us that, in any negotiations with the European Union, they will strive to restore our full rights under article 6 of the Act of Union and our place in the UK internal market?

[Mr Baker]

I am grateful to the right hon. Gentleman for the opportunity to commit that, yes, the Government are determined to restore the constitutional position of Northern Ireland fully within the United Kingdom. That is our intention. I cannot get into the niceties of the legal arguments that were made, but, if I may so, as I understand it, I think they are broadly technical.

[Sir Jeffrey M. Donaldson]

Can I also refer to the comments made by the shadow Secretary of State, the hon. Member for Hove (Peter Kyle), and raise the energy support scheme and the £400 that is to be allocated to the electricity accounts of domestic households and non-domestic users—businesses and so on—in Northern Ireland? I have spoken with the Secretary of State for BEIS to urge that the payment is brought forward in good time. Will the Minister assure me that he will continue his efforts with us to ensure that the £400 payment is made to the people of Northern Ireland as soon as possible?

[Mr Baker]

We certainly will continue those efforts together. I am grateful for the right hon. Gentleman meeting the Business Secretary. I hope he will not mind my saying, though—I understand the reasons he is not in the Executive and that is why we wish to press forward on the protocol—that matters would be somewhat easier if a functioning Executive were in place.

[Dan Jarvis (Barnsley Central) (Lab)]

3. What recent discussions he has had with Cabinet colleagues on the progress of the Northern Ireland Troubles (Legacy and Reconciliation) Bill.

--- Later in debate ---

[Tony Lloyd (Rochdale) (Lab)]

10. What recent discussions he has had with (a) Cabinet colleagues and (b) representatives of political parties in Northern Ireland on tackling NHS waiting times in Northern Ireland.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

We are acutely aware of the pressures facing the health service in Northern Ireland. A fully functioning devolved Government is the only way to deliver the necessary reforms to transform healthcare. We have made that point repeatedly to party leaders.

[Liz Twist]

Around one in four people in Northern Ireland are on an NHS waiting list and the role of staff is vital. I understand that the outgoing Health Minister in Northern Ireland wrote to the Secretary of State asking him to implement the summer pay award, as Stormont cannot. Will he take that forward?

[Mr Baker]

The hon. Lady will know that we are deeply concerned about the state of the Northern Ireland Executive’s finances and that officials are working urgently with the Northern Ireland civil service to take things forward. Of course we will keep matters under review, but as health is a devolved matter, I have to say that the best way forward would be the restoration of the Executive.

[Tony Lloyd]

Two years ago, the Health Minister Robin Swann, who did such a good job, averted industrial action by ensuring comparability between pay for nurses in Northern Ireland and in England and Wales. The Northern Ireland Fiscal Council says that the budget for health will be 2% lower next year than this year. Will the Minister guarantee that there will be money to pay the nurses, without whom there will be no impact on the dreadful waiting lists?

[Mr Baker]

The recommendations of the independent review bodies, which have responsibility for determining pay for health workers, were published in July 2022. The Minister of Health was unable to implement the recommended pay increases because there had not been a wider Executive decision on public sector pay. Pay parity with NHS England was restored after a Northern Ireland-wide strike in 2019-20, but in the Executive’s absence, pay divergence has occurred again.

I say gently to the hon. Gentleman that the UK Government are providing £121 per person for the Executive for every £100 of equivalent UK Government spending over the 2021 spending review period to deliver public services in Northern Ireland. I think his constituents and mine would consider that quite generous funding.

[Alexander Stafford (Rother Valley) (Con)]

5. What steps his Department is taking to help Northern Irish businesses trade with the rest of the UK.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

The Government are committed to ensuring that businesses can trade freely throughout the United Kingdom, so our approach has two strands. Under the protocol, by the end of the year we will, I am sorry to say, have spent £340 million helping traders to process 2.3 million customs declarations through the trader support service for trade between Great Britain and Northern Ireland. That vividly illustrates the problems with the protocol, which is why we are in constructive dialogue to deliver change, as I said earlier, and why we are keeping the Northern Ireland Protocol Bill before Parliament.

[Alexander Stafford]

Northern Ireland boasts some of the UK’s most innovative businesses. What steps is the Minister taking to ensure that Northern Irish businesses are placing environmental, social and governance considerations at the heart of their operations? Does he agree that cementing Northern Ireland’s place as a global leader in ESG will stimulate regional jobs and growth and will turbocharge investment in the Province and across the UK?

[Mr Baker]

My hon. Friend is absolutely right that Northern Ireland boasts some of the UK’s most innovative businesses and is a fantastically attractive place to invest. An increasing number of organisations in Northern Ireland report on environmental, social and governance standards. I regularly visit businesses in Northern Ireland, as does the Secretary of State. We will continue to take an interest in their approach to ESG.

[Stephen Farry (North Down) (Alliance)]

What businesses in Northern Ireland want, alongside political stability, is dual market access. As well as working to ensure that businesses have access to the rest of the UK market, will the Minister ensure that access to the European market will be preserved and that the Government will do nothing to compromise it?

[Mr Baker]

We are committed to maintaining dual market access. We hope to negotiate a position with the European Union in which that is possible, while preserving the east-west strand of the Belfast/Good Friday agreement. We want to restore the constitutional status of Northern Ireland while ensuring that market access; I very much hope that we will do so by negotiation.

[Mr Speaker]

I call the SNP spokesperson.

[Mr Baker]

I shall have to answer procedurally, but of course we understand the political implications of where we are. The most significant, if I may say so, is the collapse of the institutions because of the legitimate concerns of Unionism and of the DUP in particular. That is why the Secretary of State and I have been very clear that we recognise the legitimate interests of all parties, including the European Union and Ireland, and it is why we are resolute in the United Kingdom’s own interests. Of course if we completely conceded our interests we would achieve a deal within weeks, but the point is that this country and this Government are humble in accepting the legitimate interests of the EU and resolute in defending our own. I very much hope that we will reach a negotiated settlement.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

6. What recent discussions he has had with Cabinet colleagues on power sharing in Northern Ireland.

--- Later in debate ---

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

The UK Government are providing vital support to households and businesses across the UK to help with the rising cost of energy. This is an issue that the Secretary of State and I raise frequently with colleagues across Government, including the Business Secretary and the Energy Minister. We seek to provide urgent support for households and businesses across Northern Ireland.

[Alex Cunningham]

The Minister has been asked several times this morning about the £400 energy support payment. What is the blockage preventing the payment from being made now, and when will this be sorted out?

[Mr Baker]

The hon. Gentleman will of course understand that these schemes need to be delivered by officials, and that effort has been hampered substantially by the absence of a functioning Executive. We should all acknowledge that without an Executive, these things are more difficult to deliver. As I said earlier, we are well aware of the imperatives, and once again I urge all parties to re-form the Executive so that we can give people the prompt help that they deserve.

[Mr Robin Walker (Worcester) (Con)]

8. What steps his Department is taking to help support peace and prosperity in Northern Ireland.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

Peace and prosperity are intrinsically linked, and the Government are committed to delivering both in order to help Northern Ireland reach its full potential. I pay tribute to my hon. Friend for his expert contribution to that end when he served in the Department. We are investing £730 million in the new PEACEPLUS programme, which will support economic growth and community cohesion. The Government also provide significant resources to tackle the threat from terrorism, paramilitarism and organised crime.

[Mr Walker]

I saw for myself that growth and city deals offer a huge opportunity in every part of Northern Ireland to improve economic performance and strengthen society, which underpins the peace process. Does my hon. Friend agree that if we are to maximise the benefits of those deals, we need an Executive in place working hand in hand with the UK Government?

[Mr Baker]

My hon. Friend is absolutely right to point out that our £617 investment in city and growth deals presents an historic opportunity to generate innovation and growth across Northern Ireland. He is also right to say that we need a functioning Executive to drive forward that delivery.

[Karin Smyth (Bristol South) (Lab)]

This morning I met members of East Border Region, a cross-party, cross-border local authority-led organisation delivering peace and prosperity across the border. Will the Minister agree to meet them to discuss the work they have done over the past 50 years?

[Mr Baker]

Certainly, I would be glad to meet them. If the hon. Lady will write to me, we will take that up.

Derry Addiction Centre

Steve Baker Excerpts

Wednesday 2nd November 2022 Westminster Hall

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

It is a real pleasure to reply to this debate, Mr Gray, and I am genuinely very pleased that the hon. Member for Foyle (Colum Eastwood) has secured it; in this, we can make common cause. I am also pleased to see the former Secretary of State, my right hon. Friend the Member for Skipton and Ripon (Julian Smith), in the Chamber today. I pay tribute to all the work he did to get the New Decade, New Approach agreement in place.

The Government welcome this opportunity to make it clear that we are committed to supporting the Derry/Londonderry addiction centre and providing it with £1 million from unique circumstances funding under the New Decade, New Approach agreement. The hon. Gentleman particularly mentioned Northlands. I will come back to that, but I know it is a very valued service, and it seems to me a very sensible approach to use Northlands to deliver what is required.

Health is, of course, a devolved matter in Northern Ireland. The issue of a lack of clarity came up, but we are absolutely clear that health is a devolved matter, and we would like it to be governed, and governed well, in Northern Ireland. It is therefore for the relevant Northern Ireland Executive Department—in this case, the Department of Health—to formulate its proposals on how to use the allocated £1 million of unique circumstances funding to support those experiencing addition in Northern Ireland.

Before I go any further, I want to say that I am personally very committed to this issue, as I know the hon. Member for Foyle and other Members present are. A few years ago, I had the opportunity to participate in an inner-city challenge with the Centre for Social Justice, which saw me spend three days and two nights in rehab with some very serious ex-offenders, including people convicted of murder. It felt like a much longer time. I went through with them, in their counselling sessions, what it means for them to be addicted and how they had come to be in the circumstances they were in. I was particularly moved by the service user’s account that the hon. Gentleman shared.

Given the social problems that our country faces—indeed, that all countries face—with drugs, we need to get alongside people where they are and lift them up. It is too easy for people to see the tremendous consequences of addictions on our society and rush to condemn, but people in the grip of an addiction need treatment and sympathy. That is one of the things I saw when I was with those people in that centre. Indeed, I have stayed in touch with one of them, and I was in touch with him last night when preparing for this debate. He has completely rebuilt his life, become a good father and got into work. It is an amazing thing to see.

In thanking the staff of Northlands, and all staff across the UK who deal with addictions, including in Wycombe, I particularly want to acknowledge the point that the hon. Member for Foyle made about the countless people who are grateful. That needs to be understood by everyone. Genuinely, countless people are affected by addictions, because the consequences that spread out as people suffer under addictions are enormous and almost impossible to see. Those consequences spread and spread, generationally as well as geographically, so it is really important that we understand addictions and deal with them. As such, I am personally committed that this money needs to get into Northlands and to deliver against NDNA.

I stress that the Government stand ready to provide the funding once we have received and approved the Northern Ireland Executive Department of Health’s proposals for the Derry/Londonderry addiction centre. As I said earlier, Northlands seems a particularly sensible way to proceed. The Northern Ireland Office continues to engage with counterparts in the Executive to make that happen.

We do not have an Executive, and we are moving towards declaring an election, as is our legal duty. We fervently hope that a functioning Executive will be in place as soon as possible. Our officials have been advised by the Northern Ireland Department of Health that, at this stage, it is too early to state what impact, if any, the absence of an Executive will have on the delivery of its proposals. However, NIO officials will keep that aspect under review with the Department of Health.

The hon. Member for Foyle asked four specific questions. First, what happens if we do not have an Executive? We will have a response plan, and we will take the steps necessary to ensure that public services continue. However, as he knows, we do not wish for direct rule any more than he does; we wish to have a functioning, stable and high-quality devolved Government. We have to proceed with great caution. I know that he will not expect me today to pre-empt announcements that we will make in due course.

Secondly, the hon. Gentleman asked whether we are still committed. I think I have made it absolutely clear that, personally and as a Government, we are absolutely committed. Thirdly, he raised the impact of instability, which is very real and very much felt in people’s lives. I absolutely appreciate the strength of feeling and the real concern of Unionists, in particular my friends in the Democratic Unionist party. I am a proud Unionist and a proud Brexiteer, and I very much regret that we have the problems we have with the protocol, which are keenly felt by the DUP.

Let me take this moment to put it on the record that everyone needs to understand that we will be challenged to deliver a devolved Government until the issue of the Northern Ireland protocol is resolved. That, I am afraid, puts things firmly in the hands of the European Union. Until it is willing to negotiate on the basis of regard for the legitimate interests of Unionism—a point I have tried to make clearly, but respectfully so—we will not be able to satisfy the DUP or many Conservative MPs that we have made progress. If we cannot satisfy the DUP, it clearly has the power and the opportunity to prevent a devolved Government from being formed. I wish to be respectful about that, just as I have been respectful—I think famously—to the EU and Ireland about their legitimate interests.

The hon. Gentleman asked about the impact of instability specifically in relation to the addiction centre. Here we see the impact of political instability, which causes real harm to real lives, not just for those who are addicted, but for their family and the many people who suffer the consequences of addiction.

Fourthly, the hon. Gentleman asked what we will do. We will of course proceed to govern as best we can in the absence of devolved institutions, within the bounds of not wishing to institute direct rule. We will announce our response plan in due course. I hope that we will be able to satisfy the hon. Gentleman. As he has raised the issue, I will certainly make it my priority to investigate what is happening with the centre.

This debate is an excellent example of democracy working. We have so many things before us at this time, but this debate secured by the hon. Member for Foyle on behalf of those he represents has raised the matter up my priority list. Working with my officials, I will try to ensure that we drive it forward.

I have a few words to say about addiction, which is a complex and multifaceted issue that affects the whole of our society. It takes a terrible toll on family and friends. It is therefore vital that people in Northern Ireland and indeed across the UK are able to access the right addiction and support services at the right time. As I said, it is a devolved matter, but the Government are committed to providing the additional funding. That commitment reflects the Government’s strong desire to see improved health outcomes for everyone across Northern Ireland.

The Government’s commitments under the New Decade, New Approach agreement include making £40 million available for a range of projects focused on addressing Northern Ireland’s unique circumstances. The unique circumstances projects are aimed at supporting community and reconciliation initiatives to remove barriers, to bring the people of Northern Ireland together, and to build a safer and more secure society in Northern Ireland.

One of the projects identified was the Derry/Londonderry addiction centre. The Government are steadfastly committed to providing £1 million in funding as a non-Barnett addition to the Northern Ireland Executive’s block grant. We of course continue to urge all those involved to form an Executive to deliver the proposals but, as I said, I appreciate why that has not proven possible so far. Funding for unique circumstances projects is an important component of the New Decade, New Approach agreement, and the Government remain focused on ensuring the investment of this funding for the benefit of the local community.

It may help to say a little more about the context of New Decade, New Approach. The agreement was reached between the UK Government, the Irish Government and Northern Ireland parties in January 2020, and it enabled the restoration of the Northern Ireland Executive after a three-year hiatus. Again, I pay tribute to the former Secretary of State, my right hon. Friend the Member for Skipton and Ripon, for his leading role in that work. The agreement contains commitments for the UK Government, the Irish Government and the Northern Ireland Executive to fulfil. This Government have delivered over half of their commitments under the New Decade, New Approach agreement and we will continue to implement the remainder of the agreement to support a stronger, more prosperous and inclusive Northern Ireland in which everyone can participate and thrive.

The agreement was accompanied by a £2 billion financial package, consisting of £1 billion of additional funding and a £1 billion Barnett-based investment guarantee. It is the largest deal from a Northern Ireland talks process to restore the Northern Ireland Executive. The UK Government have now honoured the £1 billion Barnett-based investment guarantee, as set out in NDNA. The investment guarantee was that the Executive would get a capital department expenditure limit Barnett consequential of at least £1 billion over a five-year period, from 2021 to 2024-25. That has been honoured as, based on the spending review 2021 settlement, the Northern Ireland Executive will receive over £1 billion by 2024-25 in additional CDEL Barnett consequentials.

We expect that £769 million from the £1 billion financial package in the agreement will have been spent by the end of the current financial year. The release of funding has been tied to the delivery of reform and transformation of Northern Ireland’s public services, which I will now discuss in a little more detail.

The agreement reflected the unique challenges faced by Northern Ireland. The aims of the financial package were to provide immediate support to the health service and to address budget pressures, to enable investment to transform public services, to turbocharge infrastructure delivery in Northern Ireland, and to address Northern Ireland’s unique circumstances. The Government’s substantial package played a vital role in supporting the incoming Northern Ireland Executive and in promoting economic growth. Of course, we are deeply disappointed at the continuing lack of a fully functioning Executive, but we will continue to press forward to serve the people of Northern Ireland.

The £769 million spent so far has been used to bring to an end the nurses’ pay dispute in January 2020, with £200 million used over three years to deliver pay parity with nursing counterparts in England and Wales; to provide a one-off funding settlement to the Northern Ireland Executive of £350 million in 2021-22 to relieve budgetary pressures and deliver effective public services in Northern Ireland; and to drive the transformation of public services by providing £142 million to support the Northern Ireland Executive in its transformation programme. The Executive have so far directed the transformation funding towards improving health outcomes. The NDNA transformation projects are embedded in the Northern Ireland Department of Health’s rebuild framework, “Building Better, Delivering Together,” which progresses health and social care system rebuilding work in Northern Ireland.

The funding has supported the Northern Ireland Executive in delivering a fleet of low-carbon buses for Belfast and the north-west, with £50 million invested in low-carbon transport. Government funding under NDNA means that 100 zero-emission buses have been produced by Wrightbus in Northern Ireland. The funding also led to the opening of the Northern Ireland graduate medical school in Derry/Londonderry to students in September 2021. So far, we have invested £11.5 million, with another £48.5 million to be invested, to deliver a brand-new facility and investment for the north-west of Northern Ireland. The training of more doctors will also help address the shortage of medical professionals in Northern Ireland in the long term.

Turning to the unique circumstances money, the Government have committed £140 million to address Northern Ireland’s unique history. That consists of £100 million for legacy implementation and £40 million for those unique circumstances. The £40 million in Government funding has been reserved for the themes set out on page 53 of NDNA, in annex A.

The funding is to be deployed in areas including mental health, which I am sure will matter to everyone here; tackling paramilitarism; and tackling deprivation and improving opportunity—of course, one of the major factors leading to deprivation is addiction. The funding is also to be deployed on a culture and community fund; support for marking the 2021 centenary and related projects; support for languages and broadcasting; support for the armed forces and veterans; a fund to promote the competitiveness of Northern Ireland’s economy; additional funding to support the Derry/Londonderry addiction centre; and the UK contribution to the international fund for Ireland.

As I run through those commitments, I think the whole House will appreciate the extraordinary work led by the former Secretary of State, my right hon. Friend the Member for Skipton and Ripon, with all the relevant parties, to deliver so much for Northern Ireland. What we now need to do is press forward.

The five parties reached the NDNA agreement, leading to the restoration of the Northern Ireland Executive in January 2020. The funding allocations were later agreed by the previous Secretary of State with the First Minister and Deputy First Minister. Good progress continues to be made, and funding has been approved across a range of projects, including on tackling paramilitarism, support for veterans, the Veterans Commissioner, NIO centenary projects, and so on.

On tackling paramilitarism, the Government’s funding has helped to support the Executive’s Communities in Transition project, which is designed to support and empower those communities that have been most impacted by paramilitarism, criminality and ongoing coercive control. Many Members present will appreciate the interaction between drugs and paramilitarism; I do not wish to get into that in great detail, but the two subjects are closely related. By tackling paramilitarism and criminality, we will help to deal with the problem of addictions.

The Government’s commitment to veterans under the agreement resulted in the appointment of Mr Danny Kinahan as the first Northern Ireland Veterans Commissioner in September 2020. As with the release of all Government funding, we undertake robust assessments and business case approvals before funding is provided.

Despite the absence of a Northern Ireland Executive, the Government continue to deliver on their NDNA funding commitments. That includes releasing the remaining £276 million of funding, including £103 million to drive public service transformation; £48.5 million to help fund the graduate medical school at the Magee campus in Derry/Londonderry; £100 million to address the unique history of Northern Ireland, including legacy; and £24.5 million of the £40 million reserved for the 13 themes referred to on page 53 of NDNA, in annex A.

The Government’s financial package was accompanied by stringent financial conditions to deliver a greater level of accountability for public spending, and to ensure that the Northern Ireland Executive build sustainable public services for people in Northern Ireland. Members will know that that is extremely important at the moment. It included the creation of the independent Northern Ireland Fiscal Council in 2021. That body is an important component in delivering greater accountability for public spending, and it is already playing a valuable role in Northern Ireland.

Earlier this year, Parliament passed the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 to implement the institutional reforms agreed in NDNA. These reforms have included enabling Northern Ireland Executive Ministers to continue in office for a defined period to allow time for Executive formation—although I lament that in this case that has not worked—reforming the petition of concern mechanism used in the Northern Ireland Assembly, and updating the ministerial code of conduct with regard to the expectations and behaviour of Ministers.

The Government’s priority continues to be a return to a fully functioning and stable devolved Government as soon as possible, and to ensure the necessary delivery of public services for the people of Northern Ireland. We regret that the parties failed to elect a Speaker and form an Executive before the 28 October deadline. In line with his legal obligation, my right hon. Friend the Secretary of State will soon confirm the date of the next Northern Ireland Assembly election, as required by law. Following that election, and regardless of the result, the Northern Ireland parties really do need to come together to restore the devolved institutions and lead the people of Northern Ireland through the challenging times ahead. I think we all appreciate the significance of that to people in Northern Ireland; the hon. Member for Foyle made very clear the real impact on people of not having an Executive to deliver.

The significance of NDNA in this context cannot be forgotten. The agreement shows how collaborative working and compromise can create the right conditions for stability—

[James Gray (in the Chair)]

Order. I am sorry to stop the hon. Gentleman, but I must now suspend the sitting until half-past 2 this afternoon.

Motion lapsed (Standing Order No. 10(6)).

Identity and Language (Northern Ireland) Bill [Lords]

Steve Baker Excerpts

Wednesday 26th October 2022 Commons Chamber

[Jim Shannon]

I thank my right hon. Friend for his intervention. I believe that he is absolutely right.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

Will the hon. Gentleman give way?

[Jim Shannon]

In a wee second. First let me say that we have real concerns about what is proposed in the Bill. We have had discussions with the Minister of State and the Conservative party, so they can understand our angst and—perhaps—anger. If the Minister has not understood that, by the end of this debate he will clearly understand it.

[Mr Baker]

I have clearly understood. The hon. Member for Strangford (Jim Shannon) and the right hon. Member for East Antrim (Sammy Wilson) are two of my best friends in this place, and to hear them speak as they just have is personally very painful. I want to reassure them and say on a slightly lighter note that while they accuse us of being a wing of Sinn Féin, Sinn Féin is perfectly content to tell me that we pander too much to the Democratic Unionist party—

[Colum Eastwood]

You do.

[Mr Baker]

I am grateful to the hon. Gentleman. I suspect that, at the moment, what the Government are doing is about right, given that we appear to be offending all quarters. When I make my speech, I will answer the hon. Member for Strangford as best I can.

[Jim Shannon]

Thank you.

--- Later in debate ---

My second general point is that this legislation was part of the NDNA initiative. It was designed to get the Assembly up and running again. Many commitments were made in that, and the commitments made in respect of this particular aspect have been well overstepped. I am not blaming the Minister for that; I know that he is not too amused by me making some criticism of him, but personal friends do criticise each other now and again, especially when they are wrong.

[Mr Steve Baker]

Just let me say to the right hon. Gentleman that he should not worry about it; we will talk about it over a cup of tea.

[Sammy Wilson]

I assure the Minister that I am not worried about it, just in case he thought I was. But he must ask why and how did this get changed? Who changed it? Who took the initiative to change the terms of the Bill we now have before us? I have to say that I stand by the points I have made, because I have made them time and again, and Unionists are frustrated with the Northern Ireland Office, whose default position seems to be that if Sinn Féin wants something, it has got to be given, for whatever reason.

What we can be sure of is that some of the changes have been made not at the behest of Unionists, not even in compliance with what was agreed during New Decade, New Approach, but because of the whisperings that something that could not be achieved in negotiations should be delivered in another way. That is why I take exception to this, and I am angry at the Minister, because he has had spelled out to him the dangers and the imbalances that lie in the Bill and the way in which it is going to promote not unity or harmony but further division—division that he himself is now accepting and that he might well have to referee and adjudicate on. That is why he has included powers in the Bill that were never originally intended.

[Mr Baker]

I will deal with the things that the right hon. Gentleman is raising when I come to my remarks, but I think it has to be said for the benefit of the Committee and the public that, just as he is accusing us of doing whatever Sinn Féin suggests, we are accused of pandering to the DUP by Sinn Féin. I think everybody should take stock and remember that, as was said earlier, this Bill is an attempt faithfully to implement New Decade, New Approach in good faith, and we are only doing it in this House because the Assembly is not up and running. When I get to my remarks, I hope that I will demonstrate to him the sincerity with which I have engaged with his and others’ passionate pleas on this point, and if he would leave just a little room in his rage for me to respond at the end, I would be grateful.

[Sammy Wilson]

I would be interested to hear how the Minister has pandered to the DUP on this Bill. We have highlighted that what was agreed in New Decade, New Approach is not in it and we have shown him where the imbalances are, and I would like to see where he believes he has balanced towards the point of view that we have expressed in this debate or in the discussions we had with him earlier.

Those are the introductory remarks I want to make. Let me come to some of the amendments and explain why they are necessary. We have asked for an amendment to clause 1, in amendment 27, to ensure that the views of the First Minister and Deputy First Minister are taken into account by the commissioners. Why is that necessary? It is necessary for one particular reason: once commissioners are appointed, if there is no accountability and no restraint or rein on those commissioners, they will be able to do what they want without any political accountability. They could recommend and introduce measures that could have huge political consequences and cause massive political division, annoyance and costs. If they are not subject to the First Minister and Deputy First Minister acting jointly, there will be no restraint on them.

One thing the Minister can be absolutely sure of is that he is not going to get anyone applying for these posts who does not feel strongly about these issues. In fact, these posts are going to attract people who are zealots, who believe in what they are being asked to do and who want to promote what they are being asked to promote. If they are left unrestrained, he can be sure that they will be making recommendations, giving guidance and making demands that will cause difficulties to the people who have to adhere to them. And of course they will want to build their impact. That is why it is important that there is some accountability and some political restraint on them. For positions such as these, we cannot allow somebody to be appointed who has no curtailment upon them.

The second amendment I want to address is the one about the powers of the commissioner. It follows from the first amendment that I have spoken about, because not only are we going to have commissioners who will have no political accountability if we do not require them to act in response to the First Minister and Deputy First Minister acting jointly, but when they obtain those positions, there will be an unequal balance in their powers. The Irish language commissioner can issue guidance, look at best practice, listen to complaints about what people want and then make recommendations to which public bodies will have to show due regard. It is not that the public bodies should do so or might do so; they must do so. They must show due regard to the issues that come from the commissioner’s office. In the case of the Ulster Scots commissioner, there are no such powers. The Ulster Scots commissioner can issue guidance, to which public bodies may or may not show due regard. They might decide to act on it, or they might not. If they do not decide to act on it, people can complain. What will the commissioner do? The commissioner will write a report to say that they have not acted on it.

This becomes even more important when one asks who the chief offenders are when it comes to ignoring and abusing the likes of councils or public bodies and discriminating against the views of one side or the other. The leader of my party has already given examples. At Stormont, when we wanted to celebrate the Queen’s jubilee, we could not even plant a rose bush. When we wanted to commemorate the anniversary of Northern Ireland, we could not even put a stone in the ground. That was a result of a decision by a bigoted Sinn Féin Minister who had control of the grounds of Stormont and refused to give any recognition to what Unionists regarded as their heritage and their culture.

Let us contrast that with what happened when the Gaelic Athletic Association wanted to commemorate its 125th anniversary. I have great reservations about the GAA, especially given the fact that it names clubs after murderers. I was in the same position as Conor Murphy was when the GAA asked to plant a tree in the grounds of Stormont to commemorate its 125th anniversary. I did not agree with the GAA and I had many reservations about the way in which it behaved, but I accepted that it was part of the nationalist tradition and the nationalist sporting culture and without hesitation I gave it the permission to do so.

It is the same across Sinn Féin-dominated councils and nationalist-dominated councils in Northern Ireland—in some cases the SDLP went along with Sinn Féin rather than stand up against it—where money was refused to community groups to celebrate the Queen’s jubilee and the anniversary of Northern Ireland, statues were taken down, windows were removed and emblems were taken out of council chambers. What would the purpose of a commissioner have been in those circumstances, if they had been afforded the same powers as those being afforded to the Irish language commissioner? That commissioner would have had the ability to go to those councils and require them to recognise the Unionist culture and heritage and then require them to behave in a way that gave recognition to it. This Bill does not give the commissioner for the Ulster Scots and Ulster British tradition the power to do that, but it gives the Irish language commissioner the power to go to Mid and East Antrim Borough Council in my area, for example, and dictate that it must spend money on the Irish language even if that is not wanted by the council or by residents.

--- Later in debate ---

[Peter Kyle]

I am grateful to the hon. Gentleman for his intervention and for the comments he made earlier, which I learned a great deal from. I see this going forward via the Northern Ireland Assembly taking it forward in Northern Ireland. That is how it must happen. I am happy, from the Opposition perspective and as the aspiring Secretary of State for Northern Ireland, to start engaging and keep the engagement going, but I am aware that the best place to resolve these issues is within Northern Ireland itself. I hope we can create the circumstances and the Government will redouble their efforts to deliver on the commitments made to all parties in Northern Ireland, which so far have been elusive.

I also met yesterday with Conradh na Gaeilge, which has suggested parts of the Bill it believes could be strengthened regarding the Irish language commissioner. Taking this Bill through in one piece in this place, instead of in three separate Bills in Northern Ireland, has let those groups down. I am grateful for all the help those organisations have given—their expertise is invaluable. I also note that the Government Minister in the other place stated that he saw this legislation as being open to updates in Stormont once the Assembly has returned.

Our Opposition amendments 15 to 17 are probing amendments, and I hope the Minister will engage with them in good spirit. The amendments are simple and would expand the definition of public authority within the Bill to include the Northern Ireland Office and the Northern Ireland Human Rights Commission. There were amendments accepted in the other place to address concerns that had cropped up since New Decade, New Approach. For example, the addition of the Castlereagh Foundation was not part of the draft legislation, but keeps within the wider agreement.

It is with that approach in mind that we have tabled our amendments today. The Bill currently excludes the Northern Ireland Office and the Northern Ireland Human Rights Commission from being subject to the proposed statutory provisions. As these bodies have a base in Northern Ireland and focus solely on Northern Ireland, it does not seem logical that they are not included. It seems to be accepted that both bodies will have a substantial role to play once the legislation is established. Considering the Northern Ireland Office is taking such an active approach with this Bill, I do not think it is unreasonable for it to have regard to the principles in it.

When these matters were discussed in the other place, the Minister conceded this point when he said:

“Of course, given the close interest of the Northern Ireland Office in the New Decade, New Approach commitments on which the Bill delivers, I would still expect consideration to be given to the national and cultural identity principles set out in the first part of the Bill, and the guidance issued by the respective commissioners. I would expect much the same with the Northern Ireland Human Rights Commission.”—[Official Report, House of Lords, 6 July 2022; Vol. 823, c. 1020.]

For the benefit of our friends and hard-working members of Hansard, that was said in House of Lords Hansard, Volume 823, debated on Wednesday 6 July.

I do not believe that the uncertainty between what is expected and what is legislated is necessary. That is something the Northern Ireland Human Rights Commission itself has made a compelling argument for amending. Its detailed briefing on the Bill stated:

“While it is reasonable to expect that such public authorities will act in good faith and comply with the Bill to the best of their ability, if they are not supported to do so it is likely that their actions will be significantly limited”

It recommended that the interpretation of public authority be amended to reflect section 6 of the Human Rights Act 1998, which goes far beyond what our amendments suggest.

There is also the example of how Welsh language legislation works in this regard, which the Government could learn from. I am very curious to hear whether the Government’s views on amendments 15 to 17 have developed.

Turning to other amendments under consideration, we are supportive of amendments 6 and 7, which received support from all parties when they were discussed in the other place. We share the concerns about qualifying cultural expression on the basis of the sensitivities of others. Human rights groups have pointed out that it is not clear how that should be interpreted in practice. Without further definition, the concept of the sensitivities of others is subjective. We are concerned that it could restrict free expression purely on the basis of the prejudice and intolerance of others to such expression. When I put that to the Minister on Second Reading, he stated that,

“the approach we are taking is consistent with the draft legislation published alongside NDNA; it really is for OICE to implement this in practice.”—[Official Report, 12 October 2022; Vol. 720, c. 198.]

We understand why the Government do not want to stray too far from what was previously agreed, but that puts the new Office of Identity and Cultural Expression in a very difficult position as it will have to work out immediately what “sensitivities” mean in practice.

To take a step back, the Bill has been praised for trying to depoliticise language and cultural issues in Northern Ireland. In my opinion, the amendments would improve the Bill in that regard as there would be no further debate on the meaning of “sensitivities”. Using a human rights basis would provide much more certainty about the limits of cultural expression.

Finally, we are sympathetic to amendment 1. It would oblige public authorities to give due regard to the commissioner for the Ulster Scots and Ulster British tradition. When I met the Ulster-Scots Agency, it felt very strongly about that. The agency helpfully pointed me to the relevant passage of New Decade, New Approach, which says:

“The functions of the Commissioner will be to…provide advice and guidance to public authorities, including where relevant on the effect and implementation, so far…affecting Ulster Scots”.

The Northern Ireland Human Rights Commission has said:

“For the Commissioner’s advisory function to be meaningful, public authorities must be required to have regard to that advice.”

For that reason, we support amendment 1.

[Mr Steve Baker]

What a debate it has been. Such passion and fire in Committee is relatively unusual, and I am grateful to have the opportunity to respond on behalf of the Government.

The first thing I should say is that we have engaged widely with the Ulster-Scots Agency, Conradh na Gaeilge and others. I have been pleased to do so and Opposition Members spoke about the Government and me hitting the ground running and making good progress. That is why we have been so active in Northern Ireland, because we have engaged. Of course, we will continue to engage. Before we go any further, I should say that of course we will keep the operation of the Bill under review, but let us not forget that, as was pointed out, the Bill is before the House only because the Assembly is not able to take it through. It is an attempt to implement New Decade, New Approach faithfully and I want to get on to some of the detail about that.

We have worked closely with right hon. and hon. Members. I am grateful to the leader of the DUP, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), for his letter, and we have exchanged lengthy letters. I will not have time to get into all the points he made, but to make the best use of the time available I think I should turn directly to the DUP amendments. The Government stayed in regular contact with the DUP and the five parties to New Decade, New Approach on the content of the Bill and we have certainly appreciated regular engagement at both an official and a political level. This morning, the right hon. Gentleman and I met to discuss the provisions and I am under absolutely no illusions whatsoever about the great and earnest passion with which he approaches these issues.

I am 51 years of age and a former Royal Air Force engineer officer. Anyone can work out what the security situation was when I was a young man, so it takes quite a deal of Christian charity for me not to respond in kind when I am accused of pandering to Sinn Féin. I think perhaps we had better leave that there. I have no intention of pandering to Sinn Féin; I am a Unionist and I am under an obligation to play my part in governing Northern Ireland impartially, and that is what I intend to do.

The right hon. Member for Lagan Valley particularly talked about the delay in memorialising the victims of Enniskillen. It is shocking to think that anyone stood in the way of memorialising the victims and it is frankly shaming on those who stood in the way of putting that memorial in place, but I do not think the amendment he proposes will solve that problem or category of problem.

[Colum Eastwood]

rose—

[Mr Baker]

I am very short of time, but I will give way.

[Colum Eastwood]

I understand that, but I think that it is important to put this point on the record. We have heard talk about Sinn Féin this and Sinn Féin that, so will the Minister maybe take the opportunity to put it on the record that people who love the Irish language do not necessarily vote for Sinn Féin? It is a language that has been embraced by people from right across our community; it is not a political tool and it should not be treated as one. That has been part of the problem up to now.

[Mr Baker]

I am very grateful to the hon. Gentleman for putting that on the record. I am also conscious that I need to respect the fact that Sinn Féin are not here to speak for themselves, but I do engage with them regularly and I hope that they have found that I do so respectfully. I just wanted to make the point to the hon. Gentlemen opposite who have made some strident allegations towards me and towards the NIO, and I hope that they will not mind if I respond gently that these things are potentially also offensive to me and to others.

On the substance of the amendment, I really do appreciate the strength of feeling, as I think I have indicated, and I understand the rationale advanced by right hon. and hon. Members. I draw their attention to clause 1 and the establishment of the office, because the national and cultural identity principles are there, applying to all public authorities, and they should take considerable comfort from that.

The crux of the matter is that the two commissioners each have a very different scope. The Irish language commissioner must have their guidance approved by the First Minister and the Deputy First Minister acting in concert, whereas although there is a power to direct the Ulster Scots and Ulster British commissioner, they can issue what guidance they see fit and across a broader scope. I could comment further on the exact definition of that scope, but the point is this: were I to accept the DUP amendments, there would be four serious problems.

First, they would create a much more powerful commissioner, with a much broader scope and less accountability to the First Minister and the Deputy First Minister. I think that nationalists could reasonably object that that was out of kilter. We have been trying to stay very close to New Decade, New Approach and to respect its balance. We have the office dealing with issues of identity and the principles, and the two commissioners with different scopes and purposes. That is why we have this very delicate balance.

I just do not think that the amendments would achieve some of the purposes sought—in a heartfelt way—particularly those relating to language, arts and literature. It is difficult to see how some of that would work out in practice. Again, I refer people to the principles. It would be difficult to implement and, on a practical note, it would open the Bill up to ping-pong, which could lead to the whole agreement being unpicked in this House.

I will finish by making three firm commitments to the DUP in particular from the Dispatch Box. First, I will discuss the issues they have raised with the Equality Commission for Northern Ireland. Plainly, these matters need to be addressed. Secondly, we will of course keep the operation of this legislation, when it comes into force, under review. However, I say gently that it is probably for the Assembly to legislate in this area. Thirdly, as hon. Members have seen, I am not afraid to call out intolerable conduct when it arises—for example, I called out the chanting of “up the ’RA”. Without promising to do so on every occasion, because I suspect I would do nothing else, I am absolutely committed to getting involved in this problem.

What I observe is that some of the hurt and the problems will never be dealt with through legislation. What is required is a change of hearts and for people to do as they would be done by. I am sorry that I have not had more time to go through all the amendments in detail, but I have been asked to wrap up my speech at this point.

Question put, That the amendment be made.

--- Later in debate ---

[Mr Baker]

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

First and foremost, I want to thank everyone involved in the passage of the Bill: the whole House, all the officials, everybody we have engaged with externally, and everybody involved with the negotiation—I am extremely grateful. I know that the Secretary of State would want me to convey his apologies for not being here, but he is of course in Northern Ireland.

The nature of the Bill is that it sets out to be a good-faith implementation of the New Decade, New Approach deal, and I genuinely regret that my friends in the DUP have not been able to support this. Some words have been spoken today that I regret very much.

This should be a day for rejoicing for advocates of the Irish language, and it is very much my hope and ambition that the passage of the Bill will lead to a depoliticisation of the Irish language. My hon. Friend the Member for Worcester (Mr Walker) mentioned the Presbyterian Unionist tradition of support for the Irish language, and I can only express my heartfelt desire for a renewal of that spirit of moving forward by remembering everyone’s common heritage.

As I pledged in Committee, we will certainly keep under review the operation of these measures when they become an Act, but it is properly a matter for the Assembly. I very much hope that the Assembly and the Executive are brought up and running.

Finally, it seems to me that there is a lot of low-hanging fruit for reconciliation in this area of identity and culture, and that just a little bit of love would go a long way.

4.43 pm

[Tonia Antoniazzi (Gower) (Lab)]

The Labour party supports this Bill because it broadly reflects the New Decade, New Approach agreement, which was agreed by all parties. I welcome the fact that the Government, in bringing forward this legislation, have recognised the importance of the commitments made in the agreement. However, I share the disappointment that Westminster is having to legislate on this, rather than the Northern Ireland Assembly in Stormont. We want all efforts to be made to restore the devolved Government.

The Bill rightly aims to create structures and legal protections for the Irish language and for the Ulster Scots and Ulster British tradition. Its foundations are based in the Good Friday agreement’s principles of equality and respect. Previous debates on this legislation have highlighted the importance of language as part of identity and culture; indeed, the Good Friday agreement recognised that the Irish language and Ulster Scots form part of the cultural wealth of the island of Ireland. As I have previously said in this Chamber, one need only look at Wales to see the impact of the creation of a clear framework outlining the duties and responsibilities of public bodies in relation to a minority language, and not simply in preserving but in expanding the language and taking some of the political sting out of its promotion. It is my hope that the Bill will ensure that identity and language issues do not belong to just one section of the community or one political outlook but are an important, shared part of Northern Ireland’s rich and diverse culture and heritage. The United Kingdom must stick to its international agreements and we must ensure that the Good Friday Agreement is protected and work towards the restoration of power sharing at Stormont.

Northern Ireland Residents: British Passports

Steve Baker Excerpts

Tuesday 18th October 2022 Westminster Hall

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

I am grateful to have the opportunity to address this issue, Sir Christopher. I am grateful to the hon. Member for East Londonderry (Mr Campbell)—my hon. Friend, if I may say so—for making his case so articulately. His constituents will certainly know that he has made their case with great force and passion, and I have understood it clearly. There is a point to be made about the difference between identity and citizenship, but I want to ensure that I spell it out accurately with reference to my notes, so I will come back to it.

On the issue of the Union, I want to make it absolutely clear that I am defiantly and ferociously pro-Union. Equally, under the Belfast/Good Friday agreement, the Government are obliged to participate impartially, which may sometimes create tensions. I want to make it clear to everyone that I am pro-Union and this is a pro-Union Government.

On passports, I hope that the hon. Gentleman will not mind if I slightly playfully point out that although I am somewhat known for my pro-Brexit views, I have not troubled to update my passport. I still carry an EU passport, which may surprise some. I want to put that on the record. I know that many people will share with the hon. Gentleman the passionate belief that our passport is a great symbol of who we are. However, personally, I am defiantly independent of the state, Government Minister though I may be. For me, my passport is an administrative thing, not a definition of who I am. I gently make that point to illustrate that perhaps not all of us feel exactly the same way about our passport.

[Gavin Robinson]

The Minister is entitled to consider his passport whatever way he likes. My hon. Friend the Member for East Londonderry (Mr Campbell) mentioned a Member of the House of Lords. To encapsulate the absurdity of the position that my hon. Friend has outlined today, if the Member he mentioned went through the naturalisation process, he would have to demonstrate that he could speak English and he would be invited to Hillsborough castle for a citizenship ceremony governed by a lord lieutenant. The very same man was the Speaker of the Northern Ireland Assembly for eight years and has been in the House of Lords for many years. If that does not encapsulate how absurd the requirement to go through the process to obtain a British passport is, I am not sure what else could.

[Mr Baker]

The hon. Member makes his point with great clarity, of course. However, I observe that in public administration there are quite often moments, particularly around transitions and edge cases, that look absurd on the face of it.

Before I get on to my notes, I will make two points. Representing Wycombe, I have observed that geography is very different from what it used to be. The internet has shrunk the world immeasurably, and many of my constituents are closely in touch with events and people thousands of miles away, so geography has a slightly different meaning these days. I will also pick up the point on hurt and anguish; if I have learned one thing in my few weeks as Northern Ireland Minister, it is the decades—possibly centuries—of hurt and anguish that have built up on one another. I do take those issues very seriously, knowing how deeply felt they are. The hon. Member for Belfast East (Gavin Robinson) has spoken with great passion, and I know he sincerely means everything he has said.

Turning to matters of law, the right to apply for and hold a British passport is wholly contingent on the holding of British citizenship. It is perfectly possible to remain a British citizen even if someone chooses not to hold a British passport, or if they acquire and hold another passport. The people of Northern Ireland are guaranteed specific protections under the Belfast/Good Friday Agreement, and they are considered by the agreement to be

“all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence.”

The two birthright protections of the Belfast/Good Friday Agreement guarantee this group the right to identify and be accepted as British, Irish or both, and the right to hold both British and Irish citizenship. The protections recognise the unique circumstances of Northern Ireland and do not apply more widely. The UK Government are steadfastly committed to the Belfast/Good Friday Agreement, and those provisions are given full effect in law, which provides for British citizenship to be conferred at birth.

In that context, non-British nationals living in Northern Ireland would need to obtain British citizenship in order to receive a British passport, just as they would anywhere else in the United Kingdom. I think that is the heart of the matter. I have heard clearly the point made by the hon. Member for East Londonderry. It is the difference between identity and the administrative and legal status of citizenship.

[Mr Gregory Campbell]

I accept what the Minister says, and it is the repeated mantra that we have got from the Home Office. However, he alluded to the unique circumstances that pertain to Northern Ireland. That is what successive Governments of recent vintage have always done. Does the Minister not understand and accept the unique circumstances of the case that has been made, and that this is why the Home Office should act?

[Mr Baker]

I certainly do understand the unique circumstances of Northern Ireland, and the hon. Gentleman is very articulate and once again makes his case with great clarity. However, I have to tell him that unique circumstances in those matters apply in a great many places in the UK, including in my own constituency in some number. They are not the same unique circumstances, by any means, but I am gently trying to make the point that there are large numbers of people in the country who would claim special circumstances. The Government are under an obligation to deal fairly with everyone in the UK. The hon. Gentleman will remember some of the unfortunate circumstances of the Windrush affair, and there are other people who have had various difficulties. There are people in my constituency who, although they were born elsewhere, have lived there longer than I have been alive. They may or may not have British citizenship or a British passport, but I am glad to represent them.

Let me turn to some of the specific points that the hon. Member for East Londonderry made. He said that there are 40,000 people resident in Northern Ireland who were born in Ireland after 1949, and there is a sense of unfairness that they are made to apply for naturalisation. He enlarged a piece of the website that I could not quite read, but he made his point with some force. The crux of the matter is that an Irish national can naturalise in the same way as any other long-term resident who now considers the UK their home. I appreciate that at the heart of the sensitivity is the fact that people who identify as British, who were perhaps born not far from the border, but on the other side of it, are being told that they need to naturalise. He made the point clearly that for those who are British but were born on the other side of the border, this is a matter of utmost sensitivity.

The Government are treating those people—from an administrative point of view, they are not British citizens and they need to naturalise—in line with other nationals who reside here in the UK. We are glad that they feel at home here. We are of course glad that they identify as British—that they choose to be British—and we welcome them. The hon. Gentleman mentioned the case of our noble Friend in the other place. In order to ensure that we treat everyone in the UK fairly, they need to naturalise to make their nationality align with their identity.

That is the key point, and it is a matter of administration and law—[Interruption.] The hon. Gentleman shakes his head. I know that that is unsatisfactory to him, but we do not want to assume that all who identify as British necessarily wish to align their nationality. He might well ask whether it could be made easier and quicker for people of Northern Ireland who were born in Ireland to apply for naturalisation, but the requirements are made in statute. Irish nationals would enjoy more favourable provisions for naturalisation should they wish to apply.

One might ask why the Irish-born people that the hon. Gentleman represents have to naturalise at all. Under the common travel area, Irish people do not need to naturalise to reside in the UK. The common travel area provides that British and Irish citizens have the right to enter and remain in the other state without requiring permission. That is provided for in law, which the hon. Gentleman knows very well. They can make the decision to become a British citizen when they are ready to do so, as with any person who wishes to become British.

I think that the hon. Gentleman wants me to make specific commitments, but I have to disappoint him. The Government are very clear on the need to treat people fairly right across the UK. If we were to make special exemptions for the people he recognises as being on the cusp of a border, we would find ourselves in some considerable difficulty administratively.

[Gavin Robinson]

In many ways, the Minister is arguing against himself. He knows that he does not have the space to concede in this debate. Whether people are a mile from the border or at the very south of Ireland, the principle remains the same. The entirety of the Republic of Ireland is legally treated differently from any other country in the world, with the common travel area, the lack of immigration controls and no restrictions on working or living in the United Kingdom.

Will the Minister reflect on the fact that in the last four years, His Majesty’s Government have blurred the lines between citizenship and identity? The shoe was on the other foot, but a Northern Ireland resident, and therefore a British citizen, who wanted British citizenship for her partner was uncomfortable with the notion that she had to denounce citizenship that she did not want. She is, in identity terms, an Irish nationalist, and she objected. She lost the case in court because the Government argued robustly the distinction between citizenship and identity. However, the British Prime Minister ordered a review into the matter thereafter and wanted to show generosity of spirit, given the complaints. All we are asking is that the Minister and this Government do exactly the same thing for people who are notionally, emotionally and in every other way practically British.

[Mr Baker]

Once again, the hon. Gentleman makes his point with great passion and clarity. The Government welcome people’s choice to identify as British. We welcome the choice that people born in Ireland can make to apply for a British passport, and for non-British citizens to become British citizens. We recognise that the Union of Great Britain and Northern Ireland is all the stronger for its rich diversity in all aspects, whether people travel to Great Britain from the southernmost parts of the Republic of Ireland or from far overseas. For all its diversity, the United Kingdom is improved. Britishness is perfectly compatible with Irishness and Northern Irishness, just as much as Englishness, Welshness, Scottishness or, in my case, Cornishness.

The Belfast/Good Friday agreement rightly understands the highly personal nature of decisions around identity and citizenship, and the exercise of those distinct birthrights. It affords the people of Northern Ireland the freedom to make their own choices on identity. To reduce Britishness to the passport that someone holds in our United Kingdom would overlook the freedoms that the Belfast/Good Friday agreement rights enshrine and a fundamental truth of the strength of the Union: that Irishness and Northern Irishness readily coexist and compliment Britishness. That is a fact that we all ought to celebrate.

Hon. Members have made their points with great clarity. I will certainly reflect on what they have said, but they will understand that the Government’s policy is as it stands.

Question put and agreed to.

Draft Flags (Northern Ireland) (Amendment) (No. 2) Regulations 2022

Steve Baker Excerpts

Monday 17th October 2022 General Committees

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

I beg to move,

That the Committee has considered the draft Flags (Northern Ireland) (Amendment) (No. 2) Regulations 2022.

It is a joy to serve under your chairmanship, Sir Gary. The draft regulations seek to align flag-flying days in Northern Ireland with the rest of the UK, as agreed in New Decade, New Approach.

The Flags Regulations (Northern Ireland) 2000 provided that on certain designated days the Union flag, and in certain circumstances other flags, must be flown on Government buildings. For the purposes of the regulations, a Northern Ireland Government building is a building wholly or mainly occupied by members of the Northern Ireland civil service. The 2000 regulations also set out a number of so-called specified buildings, at which the Union flag must be flown on the designated days in question. Those buildings were chosen as they are the headquarters of Northern Ireland Government Departments. In 2002, the provisions of the regulations were extended to court buildings in Northern Ireland.

In January 2020, New Decade, New Approach saw the restoration of devolved government in Northern Ireland after an almost three-year impasse. That agreement contained a UK commitment to update

“the Flags Regulations (Northern Ireland) 2000 to bring the list of designated flag flying days from Northern Ireland government buildings and court-houses into line with the DCMS designated days, meaning the same designated days will be observed in Northern Ireland as in the rest of the UK”.

The 2022 updated list of designated flag-flying days was published by the Department for Digital, Culture, Media and Sport on 11 February this year. It states that Her late Majesty the Queen’s two birthdays and the birthday of the former Prince of Wales are the only royal birthdays to be observed for the purposes of flag flying. Following the sad demise of Her late Majesty the Queen, the 2022 list will be reviewed and amended by DCMS, in conjunction with the royal household, and is expected to be published in the new year.

The draft regulations will align flag flying in Northern Ireland with the 2022 DCMS guidance, and indeed the policy followed across the rest of the UK. Prior to publishing the list of designated days, DCMS consulted a range of stakeholders, and the updated designated days reflect the wishes of the palace.

I understand that some will be disappointed that the number of designated days is being reduced. The Government’s approach to flag flying in Northern Ireland through the Flags Regulations has consistently sought to reflect Northern Ireland’s clear constitutional status as an integral part of the United Kingdom, as well as the reality of the different political aspirations and sensitivities that exist across society in Northern Ireland.

As designated days are a matter of law in Northern Ireland, revised regulations must be considered by the Assembly before being approved by both Houses of Parliament. Members of the Northern Ireland Assembly considered and approved the draft regulations on 15 March 2022. The Flags (Northern Ireland) Order 2000 also requires that consideration be given by the Secretary of State for Northern Ireland to the Belfast/Good Friday agreement when making or amending flags regulations. I can confirm that the Secretary of State is satisfied that the draft regulations have regard to that agreement, and treat flags and emblems in a manner that is respectful of Northern Ireland’s particular circumstances.

Our approach to flag flying in Northern Ireland through the Flags Regulations has consistently sought to reflect Northern Ireland’s clear constitutional status as an integral part of the United Kingdom, as well as the reality of the different political ambitions within society. The draft regulations will align flag flying in Northern Ireland with the rest of the UK, while ensuring that the Government continue to meet their commitments in the Belfast/Good Friday agreement and New Decade, New Approach to align the designated days for flag flying in Northern Ireland with the rest of the UK. I ask the Committee to support the instrument.

Draft Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022

Steve Baker Excerpts

Monday 17th October 2022 General Committees

[The Chair]

I welcome the Minister to his place. I call him to move the motion.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

I beg to move,

That the Committee has considered the draft Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022.

Mrs Murray, it is a particular pleasure to serve with you in the Chair. I have absolutely no recollection of serving on a Statutory Instrument Committee as a Minister before. When I was previously a Minister, I think I was the cause of statutory instruments, but I do not recall doing one myself, so it is a joy to be here today.

The Health and Social Care Act (Northern Ireland) 2022 was passed by the Northern Ireland Assembly and received Royal Assent on 7 February 2022. This draft instrument makes consequential amendments.

The Act provided for the dissolution of the regional Health and Social Care Board and the transfer of its functions to the five Northern Ireland Department of Health social care trusts. A number of UK Parliament and Scottish Parliament Acts make reference to the now dissolved regional Health and Social Care Board, and we are amending those references that are outside the legislative competence of the Northern Ireland Assembly. Secondary legislation is therefore required to make consequential amendments to update any references to the regional Health and Social Care Board, so that “Northern Ireland Department of Health” or “health and social care trusts” are referenced instead. The draft order therefore seeks to update those references.

The primary purpose of the Northern Ireland Health and Social Care Act was to implement recommendations made following a number of independent reviews and reports that had been commissioned, which found the existing health system to be overly bureaucratic and complex. That included the dissolution of the regional Health and Social Care Board and the transfer of its functions to the five trusts.

After the Act received Royal Assent, the Northern Ireland Health Minister requested that my Department take forward secondary legislation to make the consequential amendments to UK Parliament and Scottish Parliament Acts in which the now dissolved board is referenced. My officials, to whom I am very grateful, have worked closely with colleagues across UK Departments and with legal colleagues to identify the list of such Acts. There are 25 of them in total.

The draft order seeks to update the references so that “Northern Ireland Department of Health” or “health and social care trusts” are referenced instead. The order was passed in the House of Lords without opposition on 5 September 2022. I ask that the Committee supports the order so that the references may be updated. I commend the order to the Committee.

--- Later in debate ---

[Mr Baker]

This is an uncontroversial measure, but I agree with the hon. Member for Hove: it is vital that functional Government is restored in Northern Ireland. We agree about restoring the institutions and we, too, cherish the Belfast/Good Friday agreement. I am grateful that Members are not contesting these uncontroversial consequential amendments.

Question put and agreed to.