Northern Ireland (Executive Formation etc) Act 2019 Section 3(5)

Tony Lloyd Excerpts

Wednesday 16th October 2019 Commons Chamber

[Mr Walker]

I do not accept that characterisation. The Government have always been clear that we want to see devolved Government restored and that this deadline set out in the Act of the 21st would be when legislation would have to be brought forward if the Executive were not in place. Of course it is right that we are engaging with the parties—as I suspect any Government of any colour would be doing—to try to restore the Executive and Assembly, and we should continue to do that right up to the deadline.

As the hon. Lady notes, the current period for Executive formation expires on Monday, 21 October, and in the event that the institutions have not been restored, we will be required to extend the Act by statutory instrument. On this, I want to be absolutely clear with the political parties in Northern Ireland: this would not be a good outcome. Northern Ireland needs political decision making. The Assembly has had over two and a half years to reach a compromise and get Stormont back up and running, and the people of Northern Ireland are sick and tired of continued delay.

[Tony Lloyd (Rochdale) (Lab)]

I understand why the Secretary of State is not with us tonight, but can the Minister confirm that there is no part of this country of ours that will be more affected by either a deal on Brexit or, worse, no deal on Brexit? The Secretary of State committed to come to the House and give a clear indication of what powers he would need to take in the event of any outcome of Brexit. We have not yet seen this before the House. Can the Minister guarantee that at a very early stage we will see what legislation is necessary to ensure that we have an orderly exit with a deal and, even more importantly, without a deal?

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[Tony Lloyd (Rochdale) (Lab)]

I begin by asking the Minister to respond to this debate. Many important questions have been asked and will be asked in this debate, and he was not able to respond to the questions raised in our debate on the previous report.

[Mr Robin Walker]

I was timed out by other speeches in our previous debate but, if the Chair is happy to make time, I would be happy to provide a closing statement.

[Tony Lloyd]

That is important, because the House will address some substantive issues tonight and we need answers.

The Minister rightly said it is now over 1,000 days since the Stormont Assembly and the Stormont Executive last functioned, which is outrageous. It is almost unrecognisable in terms of modern democratic governance.

If not for other factors, I would be talking tonight about the failure of the political system to reform the education of our young people in Northern Ireland. I would be talking about the failure to reform the health service, and the fact that the Bengoa report is now receding dramatically in the rear-view mirror of life. That is, quite frankly, tragic because it is letting down patients, as the health service in Northern Ireland now sees increasing waiting lists and other things that are unacceptable.

Mental health provision in Northern Ireland is grossly inadequate. If there is one statistic that ought to frighten Members on both sides of the House, it is that more people have died since the troubles through suicide than died during the troubles—that figure is dramatic but true. It is immeasurably sad, and we ought to dwell on that. It is a failure of politicians of all stripes in Northern Ireland.

[Emma Little Pengelly]

I absolutely agree with the shadow Secretary of State about mental health, on which we urgently need more investment. Northern Ireland has a much higher need than the average across the United Kingdom, and it is only growing—of course we need investment in mental health across the UK.

The shadow Secretary of State says that the Bengoa report is disappearing—I refer the House to my entry in the Register of Members’ Financial Interests, as my husband is the permanent secretary at the Department of Health. Fortunately, the Northern Ireland Executive agreed the Bengoa recommendations. They are very high level, but that policy framework is currently being implemented. It is important for clarity to make sure that people are fully aware of that, but we need Ministers back because health and education are suffering enormously.

[Tony Lloyd]

I think the hon. Lady and I are in agreement. Not enough is being done and the political decision-making capacity is not there. These things are outrageous and tragic in their own right, but of course the reality is that we also have two dates approaching very quickly: 21 October and the things that will move forward on the back of that and, of course, 31 October. I wish to talk about the two events that those dates touch on.

First, of course, is Brexit. As I said to the Minister, there is no part of this United Kingdom of ours that will be more changed than Northern Ireland. Irrespective of whether we have a deal on Brexit or a crash-out Brexit, either will transform Northern Ireland in a way that will be massively different from the effect on any other part of this United Kingdom. We need to dwell on that. I said to the Minister that the Secretary of State had said he would need to bring forward regulation and legislation to equip himself as Secretary of State, and the Government, with the necessary provisions. Even if we sit not just this Saturday but every other weekend day between now and 31 October, we are now some 14 days from that Brexit date. That is worrying and frightening.

We need to have some certainty about issues such as policing. We know that the previous Chief Constable warned that a hard border across the island of Ireland would create targets for would-be terrorists, and we know that the current Chief Constable has asked for more resource in the event of a no-deal Brexit. In any event, we know that, with the possibility of an increase in civil disturbances, almost irrespective of the type of Brexit, there needs to be some concentration on keeping the peace and on the questions relating to stability. We are simply not seeing that. I hope we get clear answers from the Minister on the timetable for when the Secretary of State will come to the House.

The Secretary of State and the Minister know Northern Ireland, so I do not doubt that they will recognise that there can be no hard border across the island of Ireland. The Prime Minister’s red lines are such that they must take that into account. In that context, the need for an Assembly and an Executive to be up and running is paramount. That really has to be a driving force. I accept that the Secretary of State is in Belfast today bringing the parties together—I do not simply accept that; I want him to be there—but I have to say to the politicians that the gap between them is so small. I need to say this through the House. I cannot recognise the principle that keeps them apart, out of the Assembly and out of the Executive when we look at issues such as health, education and the very important issue of Brexit. I hope the Minister can reflect on the questions that we need to address that will help to bring the Executive back into operation between now and 31 October, because we need the Executive there, irrespective of what takes place there—save for the Prime Minister having to write the letter, which so far he has been reluctant to say he will do, to ask for an extension. If he writes that letter, there is of course some leeway in the formation of the Executive, but frankly not an awful lot.

I wish now to turn to the question of abortion, which other Members will want to raise as well. I have two specific questions for the Minister. He talked a little around the issues, and I am not sure that we have had absolute certainty on them. If the Assembly does not meet before 21 October, the provisions of the legislation will come into operation. There has already been an exchange on what that means. My understanding is that, once the clock begins to tick on 22 October, the Assembly will not be able to annul the legislation. Will the Minister guarantee that, from 22 October, there will be a proper campaign to make people aware of how they can access safe and legal abortion for women in Northern Ireland? Such a campaign would guarantee that health professionals, and those who would give advice more generally, know that they have comfort in the law to give proper and adequate advice to women who seek that kind of advice. That is of fundamental importance during the interim period.

The second question may be even more important, and it has been raised, either directly or indirectly, by other hon. Members. Will the Minister guarantee that, if we move into this phase, come 1 April when the new regime moves in, there will be the provision of safe and legal abortion for women in Northern Ireland? That is the intention of the law as this House voted, and it is absolutely necessary that we have a commitment from the Government tonight not simply that the law will allow it, but that the Government will institute it, provide for those services and make sure that they are available. Women in Northern Ireland are entitled now to know that they have certainty about the direction of travel of this Government.

I do not intend to speak for long, because I know that other Members wish to speak, but may I simply say to the Minister that I hope he can answer some of these difficult questions tonight? Those he cannot answer, will he undertake to return to Members, both individually and collectively, so that we have proper answers on the record and we know where we are travelling both in terms of the formation of the Executive and, of course, on this very difficult, but very necessary, issue of providing safe and legal abortion?