Northern Ireland

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will respond to the urgent question of which I have given prior notice?

First, I thank the hon. Gentleman for his constructive work over the summer on a range of issues, including those relating to Harland and Wolff. Secondly, may I remind Members that I have been held captive in the Whips Office for over three years and that this is therefore my first Dispatch Box appearance? I have to be honest and say that I am very grateful not to be the Government’s current Chief Whip.

As is my duty under the Northern Ireland (Executive Formation) Act 2019, I will publish a report on or before 9 October to update on progress. Throughout the period ahead, I will be doing everything I can to support and encourage talks to succeed. Democratically elected politicians in Northern Ireland are best placed to take the decisions needed to support hospitals, schools and the police. I have seen the excellent work of civil servants in Northern Ireland over the last few weeks, but of course they cannot take the proactive decisions that are needed on public services or the economy in the run-up to 31 October. If we cannot secure the restoration of an Executive, we will pursue the decision-making powers that are needed at the earliest opportunity.

I welcome the Secretary of State to his role and his appearance at the Dispatch Box. He will know that Northern Ireland is in a unique position in the United Kingdom: it has no devolved Government, nor does the Secretary of State or any member of the UK Government have powers to deliver the kind of transformation that is needed. I know from my conversations with senior members of the Northern Ireland civil service that they are frustrated by their inability to make the decisions—whether on health, education or the issues that we now face—that Northern Ireland so desperately needs.

In that context, we face the Prorogation of Parliament and the possibility—I accept it is a possibility—of a no-deal Brexit and a general election coming fast down the track. The Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 will expire some time in October, and I have a number of specific questions that I need to put to the Secretary of State about the good governance of Northern Ireland.

The first examines the question of Prorogation. We know that we face the possibility of Prorogation next week and that that provides enormous challenges in terms of governance. Yes, if we can see Stormont back in operation, that will achieve what we need, but does the Secretary of State accept that there are real dangers during a period of Prorogation, in terms of the governance of Northern Ireland? Will he tell the House precisely when he was consulted about Prorogation? What advice did he give to the Prime Minister and other members of the Government?

Turning to a no-deal Brexit, the now Chancellor of the Duchy of Lancaster, the right hon. Member for Surrey Heath (Michael Gove), told the House before the summer that in the circumstances that it “voted for no deal”, or in any case, if there were no deal, “we”—the Government—

“would have to start formal engagement with the Irish Government about…providing strengthened decision making in the event of that outcome. That would include the real possibility of imposing a form of direct rule.”—[Official Report, 13 March 2019; Vol. 656, c. 391.]

The hon. Gentleman asks about dangers. I think I have been very honest with the House that powers are needed to ensure, not only in the current situation, where civil servants across Northern Ireland are making difficult decisions without political direction, but obviously in the run-up either to a deal or no deal, that the very tricky decisions can be made, and I am sure that those will have to be made at pace.

The hon. Gentleman asks about the legal advice on Prorogation. It was not something that I or my Department was involved in. That was a matter for the Attorney General. As Parliament is aware, the Cabinet was updated shortly before the decision was announced.

On what happens if the talks do not succeed in time, again, I have been clear that we need to have powers at the earliest opportunity because some of the challenges that will emerge will do so fairly soon, but we have to operate in the environment governed by the Good Friday agreement. On that point, certainly in the discussions that I am having with the Irish Foreign Secretary on the talks, the relationship is very positive.

The hon. Gentleman asked about the PSNI. As he will be aware, the PSNI has gained about £20 million of additional funding. However, when we look at how we direct funding and make those decisions, we see that, to ensure that a large and important part of our country is not left ungoverned at a difficult time, we do need powers to be in place.

Order. In the name of expediting business, I appeal for extreme brevity.

I echo entirely the concerns of the shadow Secretary of State. My right hon. Friend’s commitment to Northern Ireland is not in question, but the impression coming out of some sections of the Government is that Northern Ireland could easily now be collateral damage, so may I ask him a specific question? He referred to the Attorney General’s legal advice on Prorogation, which he will have seen. Did it make specific reference to the unique and pressing needs of Northern Ireland and how they might be attenuated as the Prime Minister set out his strategy, and if not, why not?

It would obviously be inappropriate for me to discuss the details of that legal advice in the House, but suffice it to say that I have indicated that, to preserve the rights of citizens in Northern Ireland, we need to get Stormont up and running again or, failing that, ensure that powers are in place to protect those rights, jobs and the economy and the commitments made by the Irish and UK Governments on the Good Friday agreement.

The impact of no deal on the devolved nations has been well documented, with Northern Ireland at particular risk owing to the border. Reports that the Government are trying to row back from their 2017 joint report commitments are deeply concerning. Do the UK Government not see that this particular game of brinkmanship that the Prime Minister is playing could have catastrophic consequences for the people on Northern Ireland, and will the Secretary of State now commit to ensuring that no deal is taken off the table? Such moments press home more clearly than ever the need for Northern Ireland to have a functioning legislature, so what progress has been made over the summer to ensure that Stormont is reconvened at the earliest opportunity?

Finally, the Prime Minister said that he had not decided to prorogue Parliament, but we have now learned from evidence in Scotland’s Court of Session that, in reality, he had already signed off on Prorogation in his red box. Can the Secretary of State tell us why there is such a disconnect between the Prime Minister’s words and his actions?

On the question of deal versus no deal, my job is to lead the efforts for Northern Ireland to prepare for no deal, but I could not be clearer in my mind that a deal is in the best interests of Northern Ireland. As for the talks, we have issued the report outlining what occurred over the summer. These have been at a differing pace throughout the summer. There have been good talks. The issues are important, but not insolvable. I again pay tribute to Simon Coveney and officials for the work that has been done over the summer to get us to a point where we are not far from the finishing line, if the parties want to push forward.

I join the shadow Secretary of State in expressing concern about the impact that Prorogation may have on the people of Northern Ireland. Can my right hon. Friend the Secretary of State—I welcome him to his new post and wish him every success—ensure that during Prorogation the Government will not stop working for those who need redress, and by that I mean the victims of historical institutional sexual abuse and those who were severely physically or psychologically disabled during the troubles through no fault of their own? They need redress and they need it urgently. Can he assure me that he will deliver that?

May I first pay tribute to my right hon. Friend, who did an exceptional job as Secretary of State for Northern Ireland. She will know of the trauma that victims have suffered. It is now three years since the Hart report was published, and the work that she did means that the Bill could now be presented at the earliest opportunity. I hope that we will get that into the Queen’s Speech and ensure that we solve the issue once and for all.

In the absence of a Stormont Government, and in view of the potential difficulties arising from no deal, will the Secretary of State clarify who will make decisions during that period and tell us what discussions he has had both with the political parties and the Irish Government about the implications of direct rule?

I strongly believe that getting the talks up and running, and getting Stormont up and running, is in the best interests of Northern Ireland and is the best route for decision making. Obviously, along with Cabinet colleagues, I am considering alternatives should that fail, but we have to try to get Stormont up and running.

I welcome my right hon. Friend to his responsibilities. Does he agree that it would be frankly unconscionable for any Government to lead us into a no-deal Brexit in which the Northern Ireland civil service lacked the legal powers and authority to cope with those circumstances? Does this not point to the need for legislation to be introduced and enacted before the end of October?

I think it is vital that, first and foremost, we get the talks up and running. If that does not work, we must establish powers to ensure that we are making all the decisions in the best possible way for the citizens of Northern Ireland.

I welcome the Secretary of State and his ministerial team to their posts. We look forward to working with them in the days and weeks ahead.

Let me reiterate our commitment to getting Stormont up and running as quickly as possible, although I welcome the concentration on the need for direct decision-making powers to be taken in the event that that is not possible. As the shadow Secretary of State said, it is extremely important that Northern Ireland is not left, uniquely, in the terrible position of having no one in charge during these critical days.

Does the Secretary of State welcome the publication of remarks made by the Foreign Minister of the Irish Republic yesterday, in which he indicated that in the event of no deal there would no checks or infrastructure on the border? We should build on that, because there is room for progress towards securing a deal, which we all want.

I thank my right hon. Friend for his kind remarks. Thankfully, the EU negotiations are not my responsibility, but I do think that a deal is in the best interests of Northern Ireland.