Orders of the Day — Northern Ireland Constitution (Amendment) Bill

Part of the debate – in the House of Commons am 12:00 am ar 13 Rhagfyr 1973.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Merlyn Rees Mr Merlyn Rees , Leeds South 12:00, 13 Rhagfyr 1973

We welcome the Secretary of State to Irish affairs. He is joining a small but select group of hon. Members who discuss Irish matters into the long hours of the night. He is welcome to join that group. We hope, however, that we shall not see a lot of him in the House of Commons because his absence will be a sign that the arrangements worked out over the last months are working properly and that the affairs of Northern Ireland are being discussed where they should be—in the Assembly in Northern Ireland.

I take this opportunity to echo the right hon. Gentleman's words in that we, too, wish the package the greatest of success. Our main job with the Bill is a technical one. He has explained that it arises from Section 2(1)(b) of the Act. It arises from the discussions on power sharing the conclusion of which was reported to this House three weeks ago. Important historically as the discussions last weekend were, the power-sharing arrangements of three weeks ago will in the short run prove more significant.

There are a number of points that I should like to raise. The Bill provides, in effect, for a two-tier Executive as opposed to the single tier of former times. There is to be an arrangement of 11 and four members. In the old Stormont the arrangement was for 13 members of the Cabinet and four others, so there is now a smaller number in the new Executive than there was under the old arrangements in Stormont. In spite of his explanation, I should like to put to the Secretary of State a point for clarification. We are now six months on from the passage of the constitution Act and we are here altering the numbers in the Executive. I fear only that there might be insufficient flexibility in the number of 15, and I wonder whether in the longer run, after the next election for the Assembly—maybe in four years' time—changes might have to be made. I hope that is not the case but we must be concerned about flexibility.

There were 17 members in the old Stormont administration out of a total of 52 Members of the Parliament. That was a high proportion of jobs for MPs. It seemed rather like the Portuguese navy, where everyone is an admiral. The new number of 15 is a relatively small proportion of the larger Assembly, but I hope that we have not been too inflexible. I recall that we were informed in this House that there would be a salary for the members of the Executive. Under the arrangements will voting and non-voting members receive the same amount? May I take it that with all the Bills and orders that have passed through this House in the course of the year the question of salary has now been covered? Under our arrangements there is a different pay scale for Ministers with differing responsibilities.

In the devolution order the powers are transferred powers. How can one tell which are the transferred powers? It would be most valuable in these early days if a list of them could be published. That would be a more efficient method than hon. Members having to go through all the Bills and orders.

I referred a moment ago to what might happen in four years' time. Will the Minister tell me what would be the procedure for returning to Westminster the powers now being devolved to the Assembly—which is not something that I would look forward to? Would it simply be a matter of rescinding the order? What is not clear is whether the provision could be used to return all the powers to Westminster in one piece of legislation. As I understand it, this House will have the right to discuss the function of the Council of Ireland but we shall be unable to discuss its structure.

The Northern Ireland Assembly will have the right under the Act to agree or disagree to the transfer of certain powers to the Council of Ireland. In view of the nature of this order, what will be the position with regard to functions which will remain here at Westminster? If we are to be able to discuss functions which will go to the Council of Ireland, will the transfer of such powers be implemented by an order such as this or will more substantive legislation be necessary when and if the time comes? So much for the devolution order.

I have one or two questions regarding the Ministries (Northern Ireland) Order. I am confused about the terminology. I should like clarification. In the old Stormont there were Ministries; in the new Assembly there are to be Departments. However, in his speech on 22nd November the former Secretary of State referred to both Departments and to Offices in the new Administration. The order creates a new Ministry of Manpower Services, for example. Section 7(5) of the Northern Ireland Constitution Act specifies that when Part II of the Act comes into effect the Ministry of Manpower Services will become the Department of Manpower Services.

In his statement on the talks about the formation of an Executive the former Secretary of State referred to the Office of Manpower Services, which is the title of a hived-off section of the Department to which the right hon. Gentleman has now gone. It is important to establish the precise title of each of the 15 posts in the new Northern Ireland administration and to have an explanation of the legislative force of the term "Office". My confusion has something to do with the fact that one understands that after the activation of Part II of the Constitution Act, which will rename the Ministries as Departments, there is to be other separate delegated legislation to bring about further renaming of existing Northern Ireland Departments. Can we expect further legislation to deal with the other Departments not referred to in this order?

The third, and bigger, order that the Secretary of State referred to is highly technical. I am grateful to the Secretary of State for clearing up a number of points. Except for one or two matters there is no need for me to refer to it in detail. But I should like to draw the attention of the House to the fact that the order makes two changes. It gives the Northern Ireland Chief Executive powers which he may need at an early stage, but which he would not otherwise have. These changes are to the Documentary Evidence Act 1868 and the Ministries Act (Northern Ireland) 1944. I hope that at the end of the day we may have explained the precise powers to be given to the Chief Executive.

As to changes under the House of Commons Disqualification Act 1957, which will enable members of the Northern Ireland Executive to sit in the House of Commons at Westminster and to be Members of the Assembly, I noted that the Secretary of State referred to "electoral matters". That might have been an umbrella heading which covered this as well. As I understand it, if we did not pass the order before the new year it would not be possible for my hon. Friend the Member for Belfast, West (Mr. Fitt) to be a Member of the Assembly and a Member of this House.

That would be sad and bad because of the important part that my hon. Friend has played over the last two years. I can recall how he was received when he first came to this House—never unpleasantly in a personal sense, but there was an underground feeling that my hon. Friend represented very much what he did not represent. When one considers the view now taken of the important part he has played, it shows the great value of having leading figures of the Assembly in this House in the recent past because it has aided our understanding of the situation in Northern Ireland. My hon. Friend knows that he has our praise for his work in that direction. One should add that one might not feel the same way about other Members being enabled to be in two places at once.