UK Parliament / Open data

Northern Ireland (Executive Formation) Bill

Proceeding contribution from Peter Kyle (Labour) in the House of Commons on Wednesday, 22 February 2023. It occurred during Debate on Northern Ireland (Executive Formation) Bill.

I am grateful for those gurgling noises, and the hon. Gentleman is welcome to intervene any time he likes.

I pay tribute to everyone who worked on what was a positive campaign, which received support across the communities and parties. That is a real credit to Dáithí’s family. Despite the current divisions in Northern Ireland, all party leaders worked together to ask the Secretary of State to intervene in this case so that the law Stormont passed could be implemented. It is right that he has done so, and the Labour party supports the amendments that he has put forward. I hope that in the future the Assembly can pass more laws that have widespread support and make a difference to people’s lives across Northern Ireland. This is the reality of how high the stakes are for restoring Stormont.

There is a contradiction at the heart of this Bill and the Government’s strategy for restoring the Executive. When the previous Act—the Northern Ireland (Executive Formation etc) Act 2022—was passed last year, I said that the timetable for a restored Executive was extremely short. I warned that it seemed unlikely that enough progress would have been made on the protocol negotiations for the Executive to be restored before the deadline. The Secretary of State told me that he was an optimist. We have the opposite situation with this Bill. It sets an extremely long deadline, which I support, of potentially a year for restoring the Executive as the protocol negotiations hopefully reach their end point. It is important that the Secretary of State is clear that he still has the power to call elections at any point during this period. I do not want to be pessimistic about this, but it is hard to see such a long extension as an endorsement.

Since the Prime Minister took office, the Government have followed a plan for restoring devolution by finding a negotiated solution to the protocol. That is correct. It is to be welcomed that the concerns of Unionists have been listened to and that the EU is showing more flexibility over what is possible. I cannot help but wish that the same respect had been shown to the Democratic

Unionist party when it was expressing protocol concerns from within the Executive and Assembly. Had that happened, I do not believe that we would be here today.

In these late stages, I urge both the UK and the EU to strain every sinew to find a comprise that will be acceptable to all communities. As the Secretary of State knows, Labour stands ready to support such a deal. However, despite all the recent front pages and 15-minute meetings, the shape of the deal is still largely unknown to Members of Parliament. There is even confusion about whether it will be voted on in this House. I know that the Secretary of State and his Ministers have been deeply involved in these talks, so I hope they can confirm that a deal will be put before the House for a vote so that Members who represent Northern Ireland can have their say on it.

The path that the Government have not chosen to follow is the Northern Ireland Protocol Bill. Yesterday, the former Justice Secretary, the right hon. and learned Member for South Swindon (Sir Robert Buckland)—who was in his place just a short while ago—wrote an article in which he said:

“The Northern Ireland Protocol Bill has outlived its political usefulness and no longer has any legal justification”.

The Labour party has always said that that Bill would take a wrecking ball to our international reputation as a country that follows the rule of law. The Government would benefit, too, by being open about the fact that their legal advice might well have changed in recent days and weeks. Ultimately, a negotiated solution will be the only lasting solution.

It would also help the negotiations if the Government were more consistent in their defence of the Good Friday agreement on other fronts. This very week, we have had the spectacle of the Justice Secretary claiming that the Government were considering leaving the European convention on human rights in the morning, and the Attorney General confirming in the afternoon that doing so would break the Good Friday agreement. I hope that the Minister, when he responds, will confirm that the Government remain committed to all parts of the Belfast/Good Friday agreement.

Problems are piling up in Northern Ireland. This Bill does not solve all of them, but it stalls and buys more time. There are 39 key decisions that require Executive approval currently on hold. All of them are important in their own ways. People in Northern Ireland deserve such decisions to be taken locally. The Government will need to keep the next King’s Speech very light and prepare for an even higher number of Bills concerning Northern Ireland in the next Parliament if we do not get this right.

1.14 pm

About this proceeding contribution

Reference

728 cc239-240 

Session

2022-23

Chamber / Committee

House of Commons chamber
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