Northern Ireland (Welfare Reform) Bill — House of Commons, 2015-11-23
Topic: Social Welfare
Robert Ben Lobban Wallace (Conservative, Centre-right): It is a pleasure to serve under your chairmanship, Sir Alan The first two amendments will limit the changes that can be made through an Order in Council regarding certain areas such as sanctions, the benefit cap, entitlement to child benefits, and housing benefit. Amendment 3 "requires that the Northern Ireland Assembly approves a draft of any Order in Council made under this bill before it is made, and that sufficient time is given for due consideration." The purpose of the new clause is to place a responsibility on the Secretary of State to report on the impact of the first 12 months of any orders made under the Bill. It would require the Secretary of State to lay the report before the House of Commons, send it to the Speaker of the Assembly, and appear before an Assembly committee It is important to emphasise at the outset that the Bill in its present form has received the legislative consent of the Northern Ireland Assembly, which was delivered last week by an overwhelming majority of 70 votes to 22. We intend to resist amendments on that basis. I am sure that Members will join me in not wishing to undermine the consent that the devolved Administration have given the Bill by subsequently amending it In relation to amendments 1 and 2, it should be borne in mind that the Welfare Reform (Northern Ireland) Order 2015, which will follow the Bill, was also explicitly included in the Assembly motion that was debated and voted on last week. The agreement that was reached last week makes it clear that the Government will legislate to enable welfare reform to be implemented along the lines of the Assembly’s 2012 Welfare Reform Bill, which failed to pass in May. For that reason, the welfare reform order is based largely on this Bill Furthermore, the changes proposed by these amendments go beyond what was included in the Assembly’s Welfare Reform Bill. They do not therefore have the consent of the Assembly. If we were to accept them, Westminster would be legislating, in effect, without the Assembly’s consent. I advise the hon. Member for Foyle (Mark Durkan) that his concerns are best taken forward in the Northern Ireland Assembly. The Assembly retains legislative competence over welfare and therefore there is a degree of flexibility in how the Northern Ireland welfare system operates. I am sure that the SDLP will continue to argue forcefully for its position in the Assembly, but given that the motion passed already referred explicitly to the Welfare Reform (Northern Ireland) Order 2015 and the fact that changes proposed by this amendment can be made by the Assembly, the amendment is simply not needed Turning to the third amendment, it is worth remembering that it took almost three years for the Assembly’s Welfare Reform Bill to pass through its various legislative stages in the Assembly, until it finally fell in May of this year. There is an expectation on the part of those parties that have signed up to the fresh start that welfare reform will be implemented as quickly as possible. That is why the Assembly granted its legislative consent to this approach to address welfare reform the day following the agreement. Therefore, it is unnecessary to lay this order before the Assembly for seven days. To do so would only unduly delay further the implementation of welfare reform. It would no doubt leave the majority of MLAs scratching their heads and asking, "Why are we being asked to give our approval to an order that we have already approved?" I will consider clause 1 in more detail. Clause 1 allows the Secretary of State to make provision for social security, child maintenance and arrangements for employment in Northern Ireland by Order in Council. This clause provides the vehicle for the Government to deliver welfare reform in Northern Ireland. It allows for an Order in Council made under this power to put in place a framework that will be supplemented by detailed policy to be set out in regulations by the Secretary of State or the Northern Ireland Department for Social Development. The clause provides that an Order in Council may make provision for further delegated legislation to be made by either the Secretary of State or the relevant Northern Ireland Department, allowing for detailed implementation to be carried out either in Westminster or in Stormont The clause allows for considerable flexibility in the drafting of the Order in Council, as this is a power that may be used on more than one occasion for slightly differing purposes, to implement possible future welfare reforms that need to be made before December 2016, for example. Finally, the clause provides that an Order in Council made under these provisions is subject to the affirmative resolution procedure Turning to new clause 1, I agree that it is important that the impact of welfare reform is fully understood in Northern Ireland. That is why I am pleased to see that the Northern Ireland Department for Social Development is committed to reviewing the operation of the Welfare Reform (Northern Ireland) Order that will follow this Bill. This is surely preferable to placing a commitment on the Secretary of State to report on the operation of an Order in Council made under clause 1(2) of this Bill. The Department for Social Development is better placed to understand Northern Ireland’s unique circumstances and to assess the impact of welfare reform there. It is also worth remembering that we are legislating as part of the agreement reached last week. I am concerned that placing an obligation on the Secretary of State to report overlooks this fact, and gives the impression that welfare in Northern Ireland is no longer devolved. We are not taking back welfare. The Department for Social Development remains responsible for implementing the welfare reforms I ask the hon. Member for Foyle to withdraw the amendments, and I beg to move that clause 1 stand part of the Bill