Northern Ireland (Executive Formation) Bill

[Dame Eleanor Laing in the Chair]

We will begin with new clause 1, but before I call the hon. Member for St Helens North (Conor McGinn), I will point out a few matters to hon. Members. There are several changes to the provisional selection and grouping. These are fairly minor changes, but Members will appreciate that the Bill was published very recently and that there has been quite a lot of interest in it.

New clause 10, in the name of the hon. Member for Walthamstow (Stella Creasy), currently appears in the second group of amendments. It should have appeared in the first group of amendments with new clause 1, so I would be grateful if Members read the first group of amendments as including new clause 10, in the name of the hon. Lady. New clause 19 should not have appeared on the provisional selection of amendments at all, as new clause 19 has not been selected. Amendment 11 has a small error in it, and an amended text of amendment 11 will be issued shortly; it is not dramatic.

New Clause 1

Marriage of same-sex couples in Northern Ireland

“(1) The Secretary of State must make regulations to change the law relating to marriage in Northern Ireland to provide that marriage between same-sex couples is lawful.

(2) Regulations under this section must be in force no later than 21 October 2019, subject to subsections (3) and (4).

(3) A statutory instrument containing regulations under subsection (1)—

(a) must be laid before both Houses of Parliament;

(b) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) If a Northern Ireland Executive is formed before the regulations under this section come into force, any regulations made under this section and any extant obligations arising under subsection (1) shall cease to have effect.”—(Conor McGinn.)

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

With this it will be convenient to discuss the following:

New clause 2—Pension for victims and survivors of Troubles-related incidents: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards preparing legislation to implement a pension for seriously injured victims and survivors of Troubles-related incidents mentioned in section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

I rise to speak to new clause 1 in my name and the names of many right hon. and hon. Friends and Members across the Chamber. I want to speak briefly about the purpose of the new clause, the rationale for my tabling it and for wording it in the way I have and my motivation for bringing this before the Committee today.

The purpose of the new clause is straightforward. It stipulates that, if devolution is not restored to Northern Ireland in the form of a functioning Assembly and Executive, the Secretary of State would bring forward regulations in this House to introduce the legalisation of same-sex marriage in Northern Ireland.

My rationale for phrasing the new clause as I have, with the stipulations that it contains, is simple. There is an ongoing talks process at Stormont. Two and a half years since the Assembly and Executive collapsed, we are still waiting on that to come to a successful fruition. As I said last night on Second Reading, these issues are difficult and complicated, and politicians in Northern Ireland have my respect and full support in trying to resolve those; but if, in three months’ time, they—along with the two Governments—have not been able to ensure that a fully functioning Executive and Assembly are back up and running, we should legislate here for equal marriage. In the event that they are up and running before then, this provision would not be enacted. In the event that the Stormont Executive and Assembly are up and running after we enact this measure here, of course the power to legislate on marriage remains with the Stormont Executive and Assembly, and they could seek to change or overrule the regulation that we have made here.

Is the hon. Member at all concerned that the implication of this could impact on the negotiation process and de-incentivise one of the parties from negotiating at this particular time—that it would just sit it out until 21 October?

I think the hon. Gentleman is posing a question for his own party and other participants in the talks, because to my mind the idea that this measure would lead to a failure of those parties to restore the Stormont institutions and get on with doing the business of Government on everything, including health and education, is quite far-fetched. It should act as an incentive for the parties to come to an agreement and have the institutions restored.

When the hon. Gentleman talks about one particular party, I think he refers to Sinn Féin. It has been very clear with me that it wants to see this decision made at Stormont, not Westminster. I have had discussions through the Love Equality campaign—the broad-based campaign for equal marriage—but also directly with all the political parties in Northern Ireland, including members of the hon. Gentleman’s own party, about the new clause. I understand the hon. Gentleman and his colleagues’ strongly, firmly and sincerely held views, both on the substantive issue that we are discussing and on the interpretation of its impact on the devolved settlement. I hope, however, he will accept that I, in crafting the new clause in this way, have tried as far as possible, in absolutely and unapologetically trying to make this happen and have same-sex marriage extended to Northern Ireland, to give the time and space for the political parties and the two Governments to restore the institutions. I have also respected the devolved settlement by emphatically saying that the power remains with Stormont.

We are very proud of the introduction of equal marriage in Scotland under an SNP Government, led by the former First Minister, Alex Salmond. I am happy to hear the hon. Gentleman making it clear that he respects the devolved settlement. It is much easier for many of us in the SNP to support this excellent measure in the knowledge that he is proposing it given the fact that there is no Assembly at the moment, but it still respects the devolved settlement.

I thank the hon. and learned Lady for her intervention and pay tribute to her and her colleague the hon. Member for Livingston (Hannah Bardell) for the work that they have done to ensure that their party is in a position to support the new clause tonight. That is very important to me, because the hon. Member for North Down (Lady Hermon) raised a point last night about her validly and genuinely held concern about the impact this would have on devolution; and when the hon. Lady speaks, I listen, as I think do most Members across this House. I hope that, given the answer that I gave last night and my explanation today, she is comfortable with the knowledge that this power does remain a devolved one, but that in the absence of an Assembly and Executive we can make what might be described as an interim provision here, which can then be overturned by the Assembly if it is back up and running.

I will give way to the hon. Lady and then to the right hon. Gentleman.

I am very grateful to the hon. Gentleman for allowing me to intervene. May I just remind him of the fact that a large number of constituents, and those who are not constituents, have emailed me, and have contacted other Members representing Northern Ireland constituencies and who have taken their seats here, greatly concerned about the possibility that his new clause might undermine the devolved settlement in Northern Ireland? What can I say to those constituents, in an email reply to them, that confirms to them that the hon. Gentleman’s new clause in no way undermines the devolved settlement that was crafted so carefully by a Labour party led by Tony Blair?

I thank the hon. Lady again for the direct way in which she puts the question. I was not old enough to vote for the Good Friday agreement, but everything I have done in my personal life and political career has been about supporting that—supporting the principle of consent, supporting power sharing, supporting peace on the island of Ireland, and supporting reconciliation between people who live in Northern Ireland and between Ireland and Britain. I am a passionate defender of the devolved settlement and a devolutionist. I think that, despite the ups and downs we have had, it has been a force for good in Northern Ireland, and my priority, and what I want to see, is the Assembly back up and functioning in Stormont.

As I have said, it is my strong view that, given the way the new clause is crafted—it has been selected by the Chair—it does not impinge upon the devolved settlement; it explicitly recognises that this is a devolved power. At the minute, however, the Assembly and the Executive exist in the ether, or as a concept, not in reality, so if they cannot make this law, we will make it here, because, as I have said often, rights delayed are rights denied. We will make the law here, and then when the Assembly is back up and running, the power remains its to change it.

I am very grateful to the hon. Gentleman for giving way and for giving way so frequently so early. This is an important issue because his proposal does drive a coach and horses through the principle of devolution and, if the SNP is prepared to accept it, this House can legislate and then ask a devolved legislature to overturn it. That is an interesting and novel concept. But would the hon. Gentleman confirm that, in seeking to drive a coach and horses through the principle of devolution, overriding the concerns—[Interruption]—overriding the concerns of people in Northern Ireland that the hon. Member for North Down (Lady Hermon) has referred to, his proposal actually would be not for a vote in this House, but that the procedure would be a process of annulment, so that regulations would come forward without any further vote in this House? Perhaps he would explain whether that is the case; I am just asking a question of information

Regulations would come forward in the usual form, on the basis of a vote tonight approving the mechanism to do that. The Bill in fact makes specific provision for the Secretary of State to introduce regulations, through statutory instruments, for governance in Northern Ireland. That is not specified—what I am actually doing is specifying one area where I would wish them to do that.

I understand that an issue like this is binary, and that the right hon. Gentleman and I are on opposite sides on this, but I hope he understands that it certainly is not my intention to drive a coach and horses through anything. I gently say to him, I have always supported the devolved institutions from 1998 and the power-sharing arrangements that were made then.