The right hon. Gentleman is completely right that the people of Northern Ireland end up suffering from not having functioning institutions working for them.
The Bill provides me, as Secretary of State, with the important ability to call an early election, provided that offices have not been filled. Taken together, these provisions represent a delicate balance. Eventually, if the political impasse in Northern Ireland continues, people in Northern Ireland will rightly expect to return to the polls to have their say. However, the prospect of forcing an election when it would be unwelcome or unhelpful runs contrary to our goal of providing the time and space we need for our negotiations with the European Union on the protocol to continue to develop, and for an Executive to form.
Members with a keen eye for detail will no doubt have noticed that, unless an early election is called, the extension provided for by the Bill will run past the date on which the decision-making provisions contained in the Northern Ireland (Executive Formation etc) Act 2022 lapse, namely, 5 June 2023. During the Act’s passage late last year, we were clear that the current governance arrangements were not a sustainable long-term solution. I am therefore keeping those arrangements under review, in the continued absence of fully functioning devolved institutions, but I sincerely hope that an Executive are in place before those arrangements expire.
In the meantime, the provisions of the 2022 Act and its accompanying guidance provide Northern Ireland civil servants with the clarity they need on how and when they should be taking decisions. The decisions they have been taking under the 2022 Act are being published to ensure complete transparency. I am truly grateful for the work of Northern Ireland civil servants in making use of those provisions to maintain public services in Northern Ireland, but, as I have said many times, the right people to take those decisions are locally elected politicians, who should be doing their jobs in an Executive. The current arrangement is not and can never be a substitute for fully functioning devolved institutions.
I know everyone in this House has been deeply moved by the courage shown by a very young man, Dáithí Mac Gabhann. He and his whole family have fought for the implementation of organ donation changes. I recently met Dáithí and his family, and I met them again this morning. I am incredibly moved by his story and by his family’s dedication to seeing this important change to the law on organ donations in Northern Ireland implemented as quickly as possible.
I am a bit of a stickler for how we do things in this place, and I would never want to go against “Erskine May,” but Dáithí and his family are with us in the Gallery today. I am sure hon. Members will wish to join me in welcoming him and commending the whole family for their valiant efforts. They should not need to be here today to see this change, as the Assembly could and should have convened to take this across the finish line.
As I said in my letter to the Northern Ireland parties, they continue to have it within their power to recall the Assembly and deal with secondary legislation such as the regulations in this case. That would only require Members of the Legislative Assembly to work together to elect a Speaker—not necessarily to nominate a First Minister and a Deputy First Minister—but I was disappointed that the opportunity to do that was not taken during the Assembly recall last Tuesday. However, I recognise this issue is exceptional both in its sheer importance and in the cross-party support it commands, both in Northern Ireland and in this House. On that basis, the Government spent a lot of time with the lawyers. We have been able to table important amendments to this Bill to facilitate those changes, to be taken forward in the Assembly in the continued absence of a Speaker.