The right hon. Gentleman is absolutely correct. However, the call for evidence goes much further than that. That is what I am chiefly concerned about, since it implies that competences will be available in the event that there is no Executive in place that will carry this forward. Otherwise, it would be a fairly tight and narrow call for evidence.
The Northern Ireland Audit Office this year will report on a number of things. It is a very busy office, and my Select Committee was very pleased indeed to be able to meet Kieran Donnelly recently in Belfast to take evidence on the work of his department. It will be reporting on digital transformation in Northern Ireland, welfare reform in Northern Ireland, speeding up avoidable delays in the criminal justice system, financial health of schools and the social investment fund.
A lot of that has to do with increasing productivity in Northern Ireland and rebalancing the economy. It is not discretionary work; it is vital. It has to do with achieving value for money. My question is: where is all that work leading? If there is no body to scrutinise the auditor, let alone an organisation to take forward his recommendations, he may be crying in the wilderness. It is a bit of an irony that his work is geared towards value for money, since in those circumstances—that is to say, those recommendations not being taken forward—some question would be revolving around the value for money posed by the auditor himself.
It would be useful to know what thoughts the Secretary of State has about how the auditor’s reports can be properly examined—perhaps by a shadow Public Accounts Committee made up of Members of the Legislative Assembly—so that some comment can be made upon them. There would then be at least some chance of that work being carried forward by perhaps a newly emboldened Secretary of State for Northern Ireland, who may need to have powers if the current impasse continues for any length of time.
I would like to ask the Secretary of State about the guidance that she has recently offered permanent secretaries and the status of it. On 12 March, at column 646 of the Official Report, the Secretary of State said in answer to my question about budgetary granularity that she had written to permanent secretaries about her guidance on how money should be spent. She cited health transformation money as an example and said that she was taking legal advice on the powers that might be available to her. I sympathise with her. Dealing with lawyers is a tricky business at the best of times, and this, I assume, is a legal minefield.
The Secretary of State will want to ensure that this is got right, not least because, if she gets it wrong, there is every prospect of judicial review. I know very well that she is not going to publish the legal advice—I know better than to ask her to do that—but I wonder whether she could publish the guidance that she has issued to permanent secretaries. My Select Committee and this House will want to know what guidance she has issued, the status of that guidance and the extent to which permanent secretaries will be acting upon it.
In the schedules to the Bill, a whole raft of things are listed, with very big sums of money attached to them. It is important to understand whether we are dealing with governance by guidance or whether these are simply helpful suggestions that the permanent secretary may be guided by because, if he is judicially reviewed at some point for decisions made, the courts will want to determine what status that guidance has. At the moment, that appears obscure.
It becomes important in areas such as infrastructure. In the schedules, very large sums of money are attached to the Department for Infrastructure. We know that the Secretary of State wishes to pass £400 million for particular infrastructure projects in connection with the confidence and supply agreement, in two parts—£200 million in one financial year and £200 million in another. It is not clear to me what happens if that money is not spent within the timeframe of the agreement.
I ask that because, like right hon. and hon. Members who have observed large infrastructure projects in their constituencies, the natural tendency is for these things to run and run. In the event that the money is not spent, does it accrue to the Treasury? Is it spent on other things? Does it sit at Stormont, waiting for the glorious day of the restoration of the Executive? What happens to those unspent funds?
Can we also know a little more about what big-ticket items the Secretary of State has in mind? The wish list published by the Executive before their collapse contained a great deal more than the York Street interchange, which the Secretary of State has mentioned recently. Does the guidance issued for the permanent secretary at the Department for Infrastructure cite what things the Secretary of State thinks are important, in priority order? That, she will be aware, is difficult because some of the political parties in Northern Ireland—one of them in particular—are not at all keen on one or two of the projects and would rather see other things. It is politically quite sensitive, and it would be good to know what guidance the Secretary of State has issued to the Department for Infrastructure on that important item of public expenditure.
The £100 million for health transformation in the confidence and supply agreement is most welcome, but we have to understand what transformation means. It is
not simply about opening clinics or hospitals; it is also about closing them. The hon. Member for Pontypridd (Owen Smith) was right to make the point last week that there is nothing more political in what we do than the opening and closing of healthcare institutions. I know that very well from my own constituency experience.
Is it really reasonable to expect permanent secretaries to make decisions of that sort? Indeed, would they make decisions of that sort? If they will not, the risk is that Bengoa will simply be put on ice. Under those circumstances, everybody loses. One way forward would be a legal avenue by which the Secretary of State can offer guidance that is perhaps a little more prescriptive than might otherwise be the case. We will not know that in this place unless we have sight of the guidance that has been issued and are able to examine it.
Does the Secretary of State share my concerns on policy drift and “do nothing” becoming the default option? The hon. Member for Vauxhall (Kate Hoey), who is not in her place, gave the great example last week of the decisions needed to secure the Commonwealth youth games in 2021. I know that the Secretary of State, because of her previous portfolio experience in this matter, is acutely aware of the difficulties. A number of decisions have to be made around that yet, at the moment, there is nobody to make those decisions. It may be small, but it is a poignant example of why it is so necessary for somebody somewhere to be able to make those sorts of decisions.
I know that the Secretary of State was recently in Derry/Londonderry. It just happened that she was visiting at the same time as my Select Committee. She will have heard from people in that fine city how frustrated they are that nobody appears to be making any decisions right now. This goes right across communities. Regardless of community almost, people just want things to happen, because they see society being pulled back and a Province that has made so much progress in recent years—economically, socially, in every conceivable way—essentially marking time while the Executive get their act together.
There will come a point when, with a heavy heart and the greatest of reluctance, Ministers here will have to start to make decisions. We can all hope for a restoration of the Executive, but we might be hoping for a restoration of the Executive in three years’ time. In three years’ time, the world will look a very different place. Bengoa will probably have been forgotten. Some of the big infrastructure projects that we want to see in Northern Ireland may well have fallen by the wayside. All that good stuff will not have happened, and Northern Ireland will have slipped further behind economically, socially, in every way imaginable. That would be a huge failure, and I know the Secretary of State feels the same way.