The comments made by Brandon Lewis, the Secretary of State for Justice and Lord Chancellor, on Twitter on 18 October 2022.
Leadership means taking tough decisions, even when it’s uncomfortable. It means confronting challenges, taking stock and changing course when necessary. The PM and the Chancellor have acted to bolster economic stability and I welcome the statements today.
The speech made by Brandon Lewis, the Lord Chancellor and Secretary of State for Justice, at the Robing Room at the Palace of Westminster on 17 October 2022.
My Lord Mayor Elect, I am commanded by His Majesty the King to express His Majesty’s express approval of the choice of the citizens of London in electing you to be Lord Mayor for the coming year.
I think we’ll all be acutely aware that the last time those words were spoken, it was on Her Majesty Queen Elizabeth’s behalf – and that this will be the first time in living memory that this ceremony has referred to His Majesty the King.
I am delighted to welcome you, Lord Mayor Elect, as well as your wife and soon to be Lady Mayoress, Felicity and other distinguished guests – to formally convey this message on His Majesty’s behalf.
Let me also thank the Recorder of London and High Steward of Southwark for his address – and congratulate on him on being one of the few people in public life with a title as long and complicated as mine.
I would also like to recognise the late Lord Mayor, Vincent Keaveny’s time in office. My late Lord Mayor, your year at Mansion House has been characterised by the theme of “People and Purpose”.
You have visited countless countries to promote the City and UK legal services, received ministers and ambassadors from around the world, and spoken out on a range of issues – from social mobility to climate change and digital trade.
As the first Irish citizen to be the Lord Mayor of London, it was no surprise to see you award the Freedom of the City to Ed Sheeran, who is himself of Irish descent. However, I don’t think there could be anything more British than seeing you lead 1,000 people driving sheep over London Bridge! Thank you again for all that you have done for the City of London.
Now let me turn to the Lord Mayor Elect. Nicholas, I note that you were also born in Ireland – as they say, you wait 692 Lord Mayors for an Irishman and then two come along at once! Your career in the City has spanned more than four decades and your specialism – advising on mergers and acquisitions and raising capital – is indicative of the theme for your year in office: ‘Financing our Future’.
The Lord Mayor is, of course, an ambassador for British business, financial and legal services – exporting all that is best of our great capital city at home and abroad. I know a focus for you will be how we use capital and expertise to boost our economy.
My own job as Lord Chancellor is to promote English and Welsh law and the legal services that underpin our economy; and the Government has been very clear that economic growth is our first priority – so, our aims are very much aligned.
London is, of course, at the heart of that world-beating legal services sector. The facts speak for themselves. Legal services contribute some 29 billion gross value added to our economy each year… Including billions in trade surplus and tax, as well as employing over 350,000 people directly.
It isn’t just British businesses that benefit from the UK’s legal excellence.
Companies from around the world carry out their business transactions here in the UK – because of our system’s reputation for probity and predictability. In fact, last year more than half of all commercial cases in the UK were brought by international businesses.
Our legal services are undoubtedly one of our greatest exports – supporting the growth of global trade and investment not just in London but across the UK. That’s why, through our GREAT Legal Services campaign, we are doing even more to promote the English and Welsh law abroad… and, of course, London as the world’s pre-eminent centre for dispute resolution.
It’s no coincidence that the largest international law firms in London have between 45% and 65% of their lawyers based outside of the country, demonstrating again that London is at the forefront of the way the world does business.
But I know another focus for you, Lord Mayor Elect, will be competitiveness. As ever, we have competition – from the likes of the USA, Germany and Singapore among others. Competition is healthy but, particularly in challenging times – a world still recovering from the pandemic, and now rising to immense cost-of-living challenges – it’s crucial that we do everything to stay ahead of the game.
So, ensuring our legal services continue to keep pace with the rest of the world… That they continue to innovate… and stay at the forefront of new ways of working… Couldn’t be more important. Similarly, we must also make sure that the law evolves to provide certainty on emerging technologies – providing certainty to the businesses that use them.
As Lord Chancellor, I have pledged to do all I can to support legal innovation. I want the UK to be a global hub for lawtech, in the same way it has been with fintech. And I want to see our regulatory system continue to enable legal innovators to do what they do best – to innovate in the interests of better outcomes. It’s this combination of the two that will enable us to keep our world-leading status.
My Lord Mayor Elect, I know you share our goals. The City has a long, successful history and the theme for your year in office – ‘Financing our Future’ – is all about promoting both resource and resilience. Your focus on getting capital and expertise in the right places will undoubtedly drive our economy and make us even more competitive.
As we look ahead, I am convinced that together we can achieve so much for the City of London and for the UK more broadly. I’m looking forward to working in tandem with you to promote UK legal services and get the economy growing again. I think I might give the sheep drive a miss, however!
I wish you and the future Lady Mayoress well for your year in office. Thank you.
The statement made by Brandon Lewis, the Secretary of State for Justice, in the House of Commons on 12 October 2022.
Since I became Lord Chancellor, I have been keen to resolve the dispute with the Criminal Bar Association, in order get the criminal justice system working again. To that end, my officials and I have been holding constructive discussions on a package of proposals with the Bar Council and the CBA. This package was agreed as part of our overall response to the criminal legal aid independent review consultation.
I am pleased to announce that the CBA membership has now voted in favour of my offer on criminal legal aid, and has agreed to come back to work.
As a result, my Department laid a statutory instrument on 11 October which will mean the recent fee uplift for new cases claimable by litigators and advocates will also now apply to the vast majority of existing cases in the backlog where the main hearing takes place after the commencement of the instrument on 31 October 2022. This equates to an additional investment of £28 million in the fee scheme for advocates and £14 million in the fee scheme for litigators over the spending review period.
My Department will also make an additional £3 million of funding available for case preparation, such as written work and special preparation, as well as a further £4 million for defence barristers involved in pre-recorded cross-examinations, which are used to reduce the trauma of a trial for vulnerable victims and witnesses by early 2023.
The Ministry of Justice is proposing a further £5 million uplift per year for fees in the youth court, from the 2024-25 financial year, which is expected to particularly benefit both solicitors and some junior barristers.
A new criminal legal aid advisory board on criminal legal aid reform will also be created and hold its first meeting in October. This board will discuss the operation of the criminal legal aid system and make recommendations to the Lord Chancellor.
In addition to this, the Government will respond to the remaining elements of the above consultation by the end of November, including further reforms directed at solicitors. As was made clear by Lord Bellamy in his review, the profession of criminal legal aid solicitors requires immediate attention, and I am keen to work to provide further reforms and support.
I look forward to working constructively with criminal legal aid practitioners on criminal justice issues, including working to drive down court backlogs and resolve cases sooner.
After all, we share the same aim: putting the criminal justice system on a more sustainable footing for the future, to support victims and everyone who relies on our justice system.
The statement made by Brandon Lewis, the Secretary of State for Justice, in the House of Commons on 11 October 2022.
On 4 October, I announced reforms to our policy for the allocation of transgender prisoners. Under the reforms, transgender prisoners with male genitalia should no longer be held in the general women’s estate. This will not be a blanket rule; exemptions to these new rules will be considered on a case-by-case basis.
This will also apply to transgender women who have been convicted of a sex offence.
Further detail about these reforms will be announced when we publish our updated transgender prisoners policy framework before the end of the year.
The statement made by Brandon Lewis, the Secretary of State for Justice, in the House of Commons on 11 October 2022.
We set out in our beating crime plan how we will improve public protection and increase public confidence in the justice system. We are determined to empower the police and probation to keep us safe; through providing them with the technology and resources they need, we will crack down on the repeat offenders who are blighting our neighbourhoods.
Since April 2021 our acquisitive crime project has been using GPS electronic location monitoring to track the movements of burglars, robbers and thieves released on licence and serving a standard determinate sentence of 12 months or more across 19 police force areas. I have now laid a statutory instrument to expand this world-first project to include offenders serving shorter sentences of 90 days or more. This will come into force on 26 October.
Electronic monitoring will be a compulsory condition on the offender’s licence for the remainder of their sentence up to a maximum of 12 months, other than in exceptional circumstances where probation assess that an offender’s health or personal situation make the use of a tag inappropriate.
Through this measure we aim to deter further offending and reduce crime; expanding the project to offenders serving shorter sentences will increase the number of offenders captured by the legislation by around 2,000 by March 2025.
This expansion will be subject to robust evaluation, including of impact on reoffending and cost-effectiveness. The evaluation will be conducted by the Ministry of Justice data and analysis directorate; the final evaluation conclusions report will be peer reviewed by independent academics before publication. It will allow us to better assess the most effective period for electronic monitoring of acquisitive offenders, helping to identify what is necessary and proportionate use and therefore influencing future decisions on how electronic monitoring can be used to reduce reoffending.
The location monitoring data is used to support the work of probation and the police. Using “crime mapping” technology we overlay police acquisitive crime data with tagging data to identify if any tagged offenders were in the vicinity of a given crime, to better equip the police to investigate offences, apprehend or rule out suspects and to support prosecutions. Alongside this, probation practitioners are provided with summaries of an offender’s movements and compliance behaviour and, to further enhance supervision, they can investigate an offender’s movements in closer detail using a self-service portal.
Throughout this joint endeavour between the Ministry of Justice and the Home Office, feedback from policing and probation has been positive, and expansion is supported by them.
A copy of this statement has also been laid in the House of Lords by my colleague, the Lord Bellamy.
The speech made by Brandon Lewis, the Lord Chancellor, at the Royal Courts of Justice on 29 September 2022.
I would like to thank the Lord Chief Justice for that warm welcome. I look forward to working with yourself and other members of the Bench during my time in office. As I look forward to working in Cabinet with you, Mr Attorney – and I would like to congratulate you on your re-appointment.
You bring with you not only your background as a respected barrister, but also your experience serving in the role during your predecessor’s time on maternity leave. I have no doubt that you will carry out your duties as a Law Officer with both the diligence and dedication that you are renowned for.
And I’m also delighted to welcome my esteemed colleague, Michael Tomlinson, to his new role as Solicitor General.
As the Lord Chief Justice has described, your role is historic and vital to our democracy – providing essential support to the Attorney and overseeing the work of our prosecuting authorities.
I know you will bring the same commitment and enthusiasm to the role as you have throughout your parliamentary career.
It is a huge honour to become Lord Chancellor and join such a long – if slightly daunting – list of names that includes Cardinal Wolsey, Sir Francis Bacon and Ken Clarke. The patron saint of statesmen and politicians himself goes before me – Sir Thomas More is also one of my predecessors.
Like me, Sir Thomas was fortunate enough to be the Member of Parliament for the fantastic, stunning constituency of Great Yarmouth. He was famously beheaded for treason – so I’m hoping I cannot match that similarity!
Today is, of course, the culmination of a years-long journey for me. From being called to the bar in 1997. To getting elected as a councillor in 1998 and leading Brentwood Borough Council. All the way through to the point where I entered Parliament in 2010, my first ministerial posting in 2012 and the four departments in which I’ve served since.
I hope to bring all of that experience to this job, but I recognise that the English legal system does have about 900 years more experience than I do! Throughout that time it has evolved to offer a crucial mix of flexibility and reliability that guarantees citizens’ rights and allows businesses to thrive and grow as well.
As we continue to pass it down through the generations, I hope to play my part in being both a good steward and a trustworthy custodian of English Law. That is why I take my responsibility to respect its enduring principle, the Rule of Law, so incredibly seriously.
The idea that everyone is equal before the law and that public authorities must act lawfully is the foundation of our society. It guarantees freedom and fairness in a modern democracy like ours. And we must always be aware that it is not guaranteed and therefore must be protected.
Judges are at the forefront of that work to safeguard the Rule of Law in our justice system, and I will do all I can to defend their judicial independence. I’m clear that the work of our judiciary matters…
…As does the work of our world-leading legal professionals, who are also represented here today. Together they not only deliver justice, they each play a crucial role in the evolution of the law and making sure that it continues to meet the needs of our country.
What this adds up to is a legal system that works. It is not just crucial to our success as a nation, it is one that is also recognised internationally, which is why the world looks to us to be its counsel and its courtroom.
In fact, in 2019 English law was trusted to govern some £250 billion of global mergers and acquisitions, and in 2021, over half of the cases heard in our Commercial Court were international in nature.
We lead Europe in legal services and globally we’re second only to the United States. In terms of what this means for UK plc, the figures speak for themselves.
Our legal services sector contributes over £29 billion gross value added to our economy each year, employing some 350,000 people. I want to make sure that justice continues to drive our economic growth as we recover from the pandemic and rise to the cost-of-living challenges that we see ahead of us.
We’ve maintained our world-leading position because of the flexibility of our system and our willingness to embrace change. I’m clear that if we want to remain an attractive legal centre then we must continue finding those new and better ways to provide legal services.
As Lord Chancellor, I will do all I can to support legal innovation – so that our legal services can be transformed, not just for the benefit of businesses and the public, but for our legal profession too.
I want to see a modern justice system that is built around the people who use it. One where we do more online, with the right guidance and support.
Whether that’s through making a claim or resolving a dispute. So that we can save time, cost, and stress to people seeking justice and reduce the burden on those who work in the system.
And we’ve got to be agile enough to ensure that English Law provides clarity for businesses through a period of constant change – in particular when it comes to digital and emerging technologies such as blockchain and smart contracts.
These technologies offer the opportunity for us to transform how our businesses operate, with more transparent and efficient ways of working.
I’m very much aware that we have already begun a process of modernising the courts to make sure that they are in good working order for the digital age.
As part of my duty for the efficient and effective running of the courts and tribunals, I intend to see through this ambitious and innovative programme.
I am also cognisant of the fact that COVID-19 was an extraordinarily difficult period and time for the justice system, the judiciary and our hardworking court staff who played a huge part in keeping things moving. I want to thank you for your hard work and determination to meet those challenges head on, including through innovation that was delivered at rapid pace.
While the knock-on effects of COVID-19 continue to be felt today, it is thanks to your dedication that we drove down the Crown Court backlog by around 2,000 cases from its peak in June 2021. This is a huge achievement – but there is still substantial work to be done. The family court sat to its highest ever level in 2021, and in the immigration and employment tribunals we have reduced the caseload from its peak during the pandemic.
As Lord Chancellor I am hopeful to see an end to the disruptive strike action that risks undoing the progress we have all worked so hard to achieve, and that is delaying justice for hundreds of victims – and causing the backlog to start to increase.
I’m pleased to have reached agreement with the leadership of the Criminal Bar Association today. They will be re-balloting their members quickly following new proposals for further reforms to criminal legal aid. These are generous and I would encourage CBA members to consider them carefully and positively.
I would like to say something about prisons and probation, for which I am also responsible as Secretary of State for Justice.
Prison and probation officers – some of whom were involved in the State Funeral procession – play a huge role in our justice system and are so often the hidden heroes of our society.
I want to also take the opportunity this morning to thank them for their immense efforts throughout the pandemic – and for their continuing hard work – to keep our prisons and the public safe.
I will continue to prioritise the creation of secure and modern prison places – ones that champion rehabilitation by equipping offenders to become active in the jobs market. This in itself will keep the public safe by preventing reoffending, but it will also help us play our part to drive the government’s agenda for economic growth.
I also want to explore options for reforming the Probation Service, which is vital in steering prison leavers towards better futures.
And I am determined to make public protection the overriding factor in parole decisions – so that we can be assured of the confidence of both victims and the public.
Mr Attorney, I want to finish by thanking you all for your warm welcome and reiterating my dedication to the oath I have sworn today. As I step into this ancient role, I am very, very much aware of my constitutional responsibilities, as well as my duty to the judiciary, the courts, tribunals and to justice more broadly.
I look forward to working with all of you as we each play our part in the justice system – to cherish and protect the ideals on which it was built and to carry on building it around the people who are using it every day. Thank you.
The speech made by Brandon Lewis, the Secretary of State for Northern Ireland, in the House of Commons on 27 June 2022.
I thank all Members who have spoken on Second Reading. I will attempt to respond to as many of the points raised as possible, perhaps leaving out the choice of sandwich that the hon. Member for Hove (Peter Kyle) has been talking about this evening and in various interviews. There have been a huge number of thoughtful and insightful speeches and a wide range of views have been expressed across this House. That shows the interest and the support, certainly from the Conservative Benches, for ensuring a resolution to the issues affecting the people of Northern Ireland.
The Northern Ireland protocol, while agreed with the best of intentions, is causing practical problems for people and businesses in Northern Ireland, including trade disruption and diversion, significant costs and bureaucracy for traders. It cannot be right that it is easier to send goods from Great Yarmouth to Glasgow than to Belfast—still a part, and an important part, of the United Kingdom. Everybody in the United Kingdom should be able to access products and goods in the same way.
Political life in Northern Ireland is, as it has been, built on compromise and power sharing between communities, as the hon. Member for North Antrim (Ian Paisley) outlined, but the protocol does not have the support of all communities in Northern Ireland. As a result, we are seeing both political and social stress in Northern Ireland, including the lack of functioning of both the Northern Ireland Executive and the Northern Ireland Assembly, as rightly outlined by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland).
It is clear that the protocol has become a major political problem, and it is putting a strain on the delicate balance inherent within the Belfast/Good Friday agreement. It is worth noting, and it might be forgotten from what some Opposition Members have said today, that all party leaders in Northern Ireland, at some stage or another over the past few months, have been clear that there is a need to change the Northern Ireland protocol. This legislation is about preserving the wider social and political stability in Northern Ireland, finding a more stable and sustainable solution, and ensuring that the frictions faced by businesses and consumers in Northern Ireland on goods coming from the rest of the United Kingdom are removed.
It remains the preference of the UK Government to achieve these benefits through negotiations. These are negotiations that have been conducted by the Foreign Secretary and predecessors over the past 18 months. The lack of flexibility that we have seen from the EU, as rightly outlined by my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell), has led us to the point where it is right that we make a decision about taking forward a solution that works for the people of the United Kingdom and, within the United Kingdom, the people of Northern Ireland.
This Bill will enable us to implement a successful negotiated settlement as well. It is important to recognise that that will require a significant change in approach from the EU Commission, as a number of hon. Friends have outlined. I am afraid that that change has not yet been forthcoming. The scale of problems and the depth of feelings aroused by the protocol unfortunately, if anything, have been exacerbated, rather than eased by the current EU approach—whether it was through triggering article 16 over crucial vaccine supplies to Northern Ireland in January 2021, launching infraction proceedings following emergency easements to ensure the movement of food and parcels to Northern Ireland in March 2021, or repeatedly failing to show pragmatic flexibility in more than 300 hours of negotiations over the past nine months and continuing to insist on processes that would add to, rather than remove, the burdens currently felt by businesses moving goods to Northern Ireland.
John Redwood
Has my right hon. Friend noticed how Labour always takes the side of the EU, even when, as in this case, the EU is damaging the Good Friday agreement and diverting trade expressly against the legal provisions of the protocol?
Brandon Lewis
My right hon. Friend makes a fair point. He will know from attending oral questions to the Northern Ireland Office that I have regularly had to listen to the hon. Member for Hove at the Dispatch Box taking the side of the EU—but then, the hon. Member wants to rejoin the EU, so I suppose we should not be surprised.
We should also be clear about the reality, when we hear about the flexibility of the European Union and the offer it has made, based on its October offer. That would be a backwards step from the current situation, which is already not working for businesses and people in Northern Ireland.
Sir Robert Goodwill (Scarborough and Whitby) (Con)
Does my right hon. Friend agree that if the Scottish nationalist party tonight votes against this great piece of legislation, it will be voting to continue the situation whereby Scottish seed potatoes—the best-quality and the healthiest seed potatoes in the world—will be banned from export to Northern Ireland?
Brandon Lewis
My right hon. Friend is renowned for always speaking good sense, as he did in that intervention. I can go further; I was given an example not too long ago about the frustration of people in Northern Ireland at not being able to secure a supply of trees from Great Britain to plant in the Queen’s canopy to mark the platinum jubilee, because of the threat to the single market. The last time I saw trees uproot and walk across a border was in “Game of Thrones”—I happily commend the “Game of Thrones” studio tour to everybody in this Chamber when they visit Northern Ireland—but that is not a real threat to the EU single market.
The lack of progress and the subsequent failure of the Northern Ireland power-sharing arrangements is exactly why we as a Government must be prepared to act in the best interests of Northern Ireland and for the stability and delivery of the Belfast/Good Friday agreement.
Karin Smyth
The Secretary of State talks about the movement of goods. When I was shadow Northern Ireland Minister, I repeatedly asked him, in the run-up to the final decisions, why he did not prepare British businesses better for the agreement he had made. He consistently said, “There is unfettered access, always, both ways.” Why were British businesses not prepared for the deal he agreed?
Brandon Lewis
We have delivered unfettered access from Northern Ireland to Great Britain. I appreciate that hon. Lady is talking about where we do have real challenges, with goods moving from Great Britain to Northern Ireland. There were flexibilities and vagueness, and some areas of the protocol, in terms of implementation, were not resolved. That was why we had the grace periods, why we had to extend the grace periods and why we now have the standstill. That is exactly why the EU’s offer, which it pretends provides flexibility, is a backwards step from where we are today; and it is why nobody in this House should accept it unless they are determined to do damage to Northern Ireland.
This legislation will fix the practical problems that the protocol has created in Northern Ireland. It will enable us to avoid a hard border, protect the integrity of the United Kingdom and safeguard the EU single market. The right hon. Member for Tottenham (Mr Lammy) spoke at some length—more than half an hour—in his opening remarks, and yet in the totality of those remarks we heard no plan, no proposal and no alternative from the Labour party, just words. The same goes for the hon. Member for Hove.
There were two interesting points, however. The right hon. Member for Tottenham raised Magna Carta to show the importance of treaties. He is right that Magna Carta is an important piece of our history, but he may want to recall that there were 63 clauses in it, and treaties evolve; that is why only four of them remain in place today. He also outlined, and I quote:
“In our discussions, the DUP had consistently said that it wanted a negotiated settlement”.
I gently say to him that that seemed to be a surprise to all the DUP Members, so he learned something else—[Interruption.] He talks from a sedentary position, but he might want to check Hansard.
As I say, what we have heard is an outline of noise without any real proposals or any alternative. Many hon. Members, however, have raised important points around the question of legality, particularly my right hon. Friend the Member for Maidenhead (Mrs May) and my hon. Friends the Members for Bromley and Chislehurst (Sir Robert Neill) and for North Dorset (Simon Hoare). I can assure the House that this Bill is not just necessary, but lawful. Proceeding with this Bill is legal in international law and in support of our prior obligations to the Belfast/Good Friday agreement. The protocol is undermining all three strands of the Belfast/Good Friday agreement, as the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) well outlined, and the institutions that underpin it. It is the Government’s assessment that this Bill is currently the only way to provide the means to alleviate the socio-political conditions while continuing to support the protocol’s overall objectives of including and supporting north-south trade and co-operation, in the interests of both the EU and the UK, by ensuring that we protect its single market while protecting the UK’s internal market. These are all aspects of the Belfast/Good Friday agreement.
We recognise that necessity can only exceptionally be invoked in lawfully justified non-performance of international obligations, as was covered very eloquently by my right hon. and learned Friend the Member for South Swindon. This is a genuinely exceptional situation. It is only in the challenging, complex and unique circumstances in Northern Ireland that the Government have decided to bring forth this Bill. It has always been this Government’s position that should the operation of the protocol or withdrawal agreement be deemed to undermine the Belfast/Good Friday agreement, this would take precedence as the prior commitment under international law. That was outlined back in March 2019 by the then Attorney General and the then Secretary of State for the Department for Exiting the European Union. That was not just the understanding of the UK Government; it was the basis on which the protocol was agreed by both parties. The text of the protocol itself is clear that the Belfast/Good Friday agreement should be protected in all its parts. We should all take note of the important and powerful words of Lord Trimble, an architect of the Good Friday agreement.
Many colleagues have raised article 16. We have always reserved the right to take safeguarding measures under article 16 and have made the case that since the summer of last year, the threshold had been met. This Bill is the most effective, efficient and sustainable way to address the far-reaching problems that have arisen as a result of the application of the protocol. Article 16 in itself does not solve the problems in the way this Bill will. It is not only temporary but starts another process.
Hon. Members such as my right hon. and learned Friend the Member for South Swindon and my hon. Friend the Member for Stone (Sir William Cash) talked about the Northern Ireland Executive and Assembly. We have been clear with all parties in Northern Ireland that we do need to see, and I want to see, the Executive back up and running to deliver for the people of Northern Ireland. That has to be a priority for all of us. We want to see that Assembly and Executive as soon as possible. The people of Northern Ireland deserve a stable and accountable devolved Government who deliver on the issues that matter most to them. It is clear from comments today that this Bill is a key component that will see the Northern Ireland Executive and Assembly return, as we heard from the right hon. Members for East Antrim (Sammy Wilson) and for Lagan Valley. I think we can all welcome those comments. This Bill builds on that work. That is what I have heard in the conversations I have had in meeting all party leaders who want to see Stormont return.
The New Decade, New Approach agreement restored the devolved institutions after a three-year impasse, and we all need to work together to uphold the stability that it provided. We as a Government have a strong record in making sure that the institutions are up and running after too many years of hiatus. The New Decade, New Approach agreement, as set out in legislation, provides for a period of up to 24 weeks for Northern Ireland’s political representatives to restore functioning devolved institutions. I expect the parties to make full use of this time to engage with one another in earnest to restore fully functioning devolved institutions and to develop a programme of government that I have written to all the party leaders to encourage work on.
We do have a role on the international stage. The UK has shown what it stands for in the world, not just with rhetoric but with actions, through our extensive support of Ukraine, our unprecedented offer to those fleeing political instability in Hong Kong, and our leadership of international institutions that is demonstrated again this week at the G7 and NATO summits. We have led the way on climate change, as in so many other areas. That is why it is important, and we are focused on ensuring, that we are acting within the bounds of international law. Indeed, we have repeatedly emphasised that it is only the rare, exceptional circumstances in Northern Ireland that make this intervention necessary.
Stephen Kinnock
In a tweet that the Secretary of State issued on 1 January 2021, he said:
“There is no ‘Irish Sea Border’. As we have seen today, the…preparations the Govt and businesses have taken to prepare for the end of the Transition Period are keeping goods flowing freely around the country, including between GB and NI.”
Can he explain how that tweet is compatible with this Bill?
Brandon Lewis
Absolutely, and I appreciate the opportunity that the hon. Gentleman gives me to talk about what I said back in January. This highlights exactly the behaviour we expected from the European Union around inflexibility in implementing the protocol. What we have seen since has reinforced that point, and that lack of flexibility and lack of understanding of the nuances of Northern Ireland have led us where we are today. [Interruption.] I gently say to him, while he chunters from a sedentary position, that if he looks at the decisions we took last year to ensure that goods could continue to flow to Northern Ireland, he will see that we took them under criticism from the EU, but they have been vital to ensuring stability in Northern Ireland and access to at least those products that are flown overseas, as international partners have recognised.
The EU has recognised that there are problems with the Northern Ireland protocol; it is just not willing to show the flexibility that is needed to resolve those issues. We are clear that we will ensure that we protect the EU single market, a tiny proportion of which could be deemed to be at theoretical risk. That is why it is important that we get the balance right.
Ian Paisley
Can the Secretary of State use this opportunity to confirm something, because there will be businesses listening to his every word? In fact, he is probably box office tonight in Northern Ireland among many businesses. In relation to clauses 4 to 13 of the Bill, can he confirm that goods entering what is called the green channel—going from GB to Northern Ireland—will be treated in exactly the same manner as goods travelling from England to Scotland, or from England to Wales?
Brandon Lewis
The hon. Gentleman makes an important point, and it is absolutely our determination that the Bill will ensure a good, flexible free flow of products from Great Britain to Northern Ireland, in the same way that they would move from Great Yarmouth to Carlisle, Birmingham or London. That is what we want to deliver.
One of the reasons we have taken what colleagues refer to as the Henry VIII powers is to ensure that we work with business to make sure that those regulations deliver that free-flowing, flexible process without the bureaucracy that is deterring businesses from accessing Northern Ireland.
Sir Jeffrey M. Donaldson
The Secretary of State refers to an important point, namely the regulations that this Bill will make it possible to introduce. Clause 1 is clear that nothing in this Bill should harm the Act of Union. Will he confirm that the regulations that will be brought forward from this Bill will not do anything to harm the Act of Union?
Brandon Lewis
Absolutely, and that is why it was important to have that in the Bill—the right hon. Gentleman is absolutely right. Let us be clear: for just under a quarter of a century, the Belfast/Good Friday agreement has been the foundation of peace, stability and political progress in Northern Ireland. All three strands of the agreement are under threat, as we stand here today, and that is a direct result of the protocol. This Bill is the route to a solution. It is legal, it is necessary and it is right for the United Kingdom. Most importantly, it is not just right for the whole UK; it is right for the people and businesses of Northern Ireland. It creates the environment to facilitate the return of a fully functioning Executive.
While the Opposition have voiced criticisms, they have proposed no alternatives. We are taking the decision to act to protect the hard-won gains of the peace process in Northern Ireland. We owe it to the people of Northern Ireland to fix the problems, and that is why, as Secretary of State for Northern Ireland, I commend this Bill to the House.
The statement made by Brandon Lewis, the Secretary of State for Northern Ireland, in the House of Commons on 19 May 2022.
Section 9 of the Northern Ireland (Executive Formation) Act 2019 places me under a legal duty to ensure that women and girls in Northern Ireland can access abortion services. I am determined to ensure that women and girls in Northern Ireland can access abortion services in the same way as those living in the rest of the United Kingdom.
On 22 July 2021, I gave a direction to the Northern Ireland Department of Health, and to the health and social care board, to commission and make abortion services available by 31 March 2022. The Department of Health has not met that deadline, and it is now clear that no progress will be made towards the provision of these services.
It has always been my preference that, as a devolved matter, the Department of Health delivers these services. However, with over two years having passed since the Abortion (Northern Ireland) Regulations 2020 established a framework, women and girls are still unable to access high-quality abortion and post-abortion care in Northern Ireland. This is entirely unacceptable.
Today, I am therefore laying regulations that:
remove the need for Executive Committee approval before services can be commissioned and funded by the Department of Health. The regulations will do this by providing that directions under the Abortion (Northern Ireland) Regulations 2021, which require action to be taken to implement the recommendations of the Committee on the Elimination of all forms of Discrimination Against Women (CEDAW Report), must be complied with irrespective of whether the matter has been discussed or agreed by the Executive Committee; and
confer on a Secretary of State the power to do anything that a Northern Ireland Minister or department could do for the purpose of ensuring that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented. For the purpose of determining what a Northern Ireland Minister or department could do, any need for Executive Committee approval will be disregarded. Whilst the regulations will also provide a Secretary of State with the power to provide financial assistance for the same purpose, as a devolved matter it remains the responsibility of the Northern Ireland Executive to fund abortion services in Northern Ireland.
This means that the Department of Health will have no further barriers to commission and fund services. I am steadfast in my belief that the Department of Health should drive forward the commissioning of abortion services without further delay in Northern Ireland.
If the Department of Health does not commission and fund abortion services as directed, I will intervene further. To ensure I have all the information required in those circumstances, a small team that I am establishing in the Northern Ireland Office will work alongside the Department of Health and take this forward.
The comments made by Brandon Lewis, the Secretary of State for Northern Ireland, on 19 May 2022.
Women and girls of Northern Ireland must have access to safe, high-quality abortion services in Northern Ireland, as is their right.
It is absolutely unacceptable that the Executive and Department of Health have failed women and girls, meaning that they cannot currently access the same basic abortion healthcare that is available to women and girls in the rest of the UK.
That’s why I am acting to remove any further barriers to delivering services.
The Department of Health must drive forward the commissioning of abortion services without further delay to ensure that safe abortion becomes embedded into the health and social care system in Northern Ireland.
The statement made by Brandon Lewis, the Secretary of State for Northern Ireland, in the House of Commons on 11 May 2022.
Last Thursday, the people of Northern Ireland went to the polls to choose their elected representatives. The results of that election were confirmed on Sunday 8 May 2022.
I want to offer my congratulations to all those who were elected and encourage the parties to form an Executive as soon as possible. The people of Northern Ireland deserve a stable and accountable devolved Government that delivers on the issues that matter most to them.
Earlier this year, the Northern Ireland (Ministers, Elections and Petitions of Concern) Act passed through Parliament. That legislation provides for a period of up to 24 weeks after an election for Northern Ireland’s political representatives to restore the devolved institutions. During this time, Northern Ireland Ministers in post before the election who were re-elected can remain as Ministers to support the delivery of public services.
I met with the leaders of the five largest parties in Northern Ireland on Monday 9 May and urged them to restore a fully functioning Executive and Assembly at the earliest possible moment, starting with the nomination of an Assembly Speaker. An Executive will only be formed if Sinn Fein nominates a First Minister and if the DUP nominates a deputy First Minister. The two roles are joint and equal, with neither office holder able to exercise functions or make decisions without the other.
The Northern Ireland protocol remains a barrier to stability in Northern Ireland and the Government will do whatever it takes to protect the Belfast (Good Friday) agreement in all its dimensions. We are clear that the protocol does not have the support of many in the Unionist community and is not working for many people and businesses in Northern Ireland. We have to address the outstanding issues and we want to do that by agreement with the EU, but as we have always made clear we will not shy away from taking unilateral action if necessary.
Furthermore, while Unionism is set to remain the largest designation in the Northern Ireland Assembly with 37 seats, followed by Nationalism on 35 seats, parties which designate as neither will now constitute 20% of the Assembly. This is a significant development in Northern Irish politics and its implications are the subject of growing discussion and debate.
Together, we must move forward towards a brighter future. That means a strong, functioning Executive delivering for all the people of Northern Ireland. My priority is to provide the space for an agreement to be reached.