Northern Ireland (Regional Rates and Energy) Bill — House of Commons, 2018-03-21
Topic: Macroeconomics
Owen Smith (Labour, Centre-left): The Secretary of State is right that this is a modest Bill with relatively few clauses and few substantive measures. I thank her and her office for providing me with a draft copy yesterday evening, but it is a pretty poor showing that the rest of the House had precisely 10 minutes to look at the Bill before debating its contents, however modest they are. That does not strike me as a terribly long time to look at a measure that increases taxes on 1.8 million people in this country We support the Bill. As the Secretary of State said, it is a necessary measure to allow councils to raise the regional rate. It legislates in an area of clearly devolved competence, and it sets the regional rate at about 4.5%, which is above inflation. My first question—I hope that the Under-Secretary will be able to answer it at the end of the debate—is, how did the Government arrive at that figure? Was it discussed with political parties or with the Northern Ireland civil service, or, indeed, with local councils in Northern Ireland? The Secretary of State could have set a lower or a higher rate. How did she reach that figure Will the Secretary of State explain the cash impact on households in Northern Ireland? The explanatory notes are scant, so we do not have an impact assessment, and I do not think that anyone in Northern Ireland knows the net effect on average households. It would be useful to learn that The RHI measure was a poorly drawn piece of legislation. It is right that we are extending the cap again today. As the Secretary of State said, the liabilities for the taxpayer were potentially £500 million—some people have even said £700 million—so it is absolutely right that we should legislate to mitigate that figure. We are amending the Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012, which were laid in the Northern Ireland Assembly, passed and amended there. It is Northern Ireland legislation, and we support its further amendment today. However, that raises an important question relating to yesterday’s debate that is vital in the halfway-house period—the limboland—for Northern Ireland. We have had 14 months without an Assembly or Executive, during which Ministers have not been accountable to people, either in Northern Ireland or in the House. We have legislation on issues that fall squarely within the devolved competence of the Northern Ireland Assembly when the Government choose to introduce them, but there are other issues on which the Government choose not to introduce measures. Yesterday, I mentioned the historical institutional abuse inquiry compensation scheme and the prospect of a pension for people who were severely disabled and injured in the troubles I was troubled by the answer that the Secretary of State gave to my question, in which she explained why she could not legislate on those things: "Constitutionally, the inquiry"— the HIA inquiry— "was set up by the Executive and reported to the Executive. Unfortunately, the Executive were unable to take decisions on the recommendations before they collapsed…he"— meaning me— "will understand that the constitutional implications of the Westminster Parliament or Government taking a decision about something set up by a devolved institution mean that such decisions are not to be taken lightly."—[Official Report, 20 March 2018; Vol. 638, c. 204.] I completely accept that, but the Secretary of State is taking a decision—I presume not lightly—to legislate in other areas of devolved competence, including MLA pay, later today. We need to understand why it is deemed permissible to legislate in certain areas but not in others To that end, yesterday evening I commissioned the House of Commons Library and an independent Queen’s counsel to provide legal advice to the House, and I will happily place those items in the Library later today. I asked them to explain what the difference might be, constitutionally and legislatively, between those two areas. The Library agreed with what I assumed would be the fairly standard interpretation, which is that there is no constitutional reason why the Secretary of State cannot legislate on historical institutional abuse or on the victims’ pension—the pension for the severely injured and disabled. The Library says: "As a matter of constitutional law, the UK Parliament can legislate with regard to any matter whatsoever in relation to Northern Ireland, relying on the principle of Parliamentary sovereignty." It goes on: "If the Assembly is unable to introduce legislation, UK Government Ministers may decide that it is either necessary or expedient to ask Parliament to do so." Of course, they may decide it is not politically expedient to do so or not timely to introduce those things. That is what we are dealing with here—