Northern Ireland (Executive Formation) Bill

Debate between Baroness Smith of Basildon and Lord Shinkwin

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Lord Shinkwin]

I wonder whether my noble friend could possibly help me with this question. Could he tell me why—

[Baroness Smith of Basildon]

May I suggest that if the noble Lord wants the Minister to answer questions, he makes his speech and the Minister answers at the end? That would be a courtesy to the House, and more helpful.

[Lord Shinkwin]

The question is actually directly related to the House, so if I may I will continue.

I wonder if my noble friend, or indeed anyone in the House, could tell me why—I can quite understand why the noble Baroness would perhaps not like me to ask this question—as someone who was born with a disability, I am good enough to sit in your Lordships’ House, but this Bill suggests that someone diagnosed before birth with a disability such as mine in Northern Ireland would only be considered good enough for the incinerator. Because that is the brutal message of this Bill: if you are diagnosed with a disability before birth in Northern Ireland, you will not just be worth less than a non-disabled human being; you will be worthless—you would be better off dead. What a dreadful message for this House to send the people of Northern Ireland, without even having consulted them in advance.

As a disabled person, I am used to people feeling sorry for me, but today it is I who feel sorry for my party. What a desperately sad position this Bill puts my party in. Not only does it make a mockery of any pretence at government neutrality on a matter of conscience; it also enshrines inequality in law for Northern Ireland—and all this without consulting the people of Northern Ireland or their MLAs. How ironic that this is happening just before we celebrate a quarter of a century since my party, the Conservative Party, introduced the Disability Discrimination Act, which championed disability equality.

Perhaps saddest of all is the legacy the Prime Minister leaves if this Bill becomes law—a legacy of discrimination and death. Instead of ending burning injustices, if this Bill becomes law she will be leaving office after the creation of one of the biggest burning injustices imaginable.

Earlier this evening, my noble friend the Minister read out part of a letter to the Prime Minister concerning the amendments on same-sex marriage. I will do the same, only mine is a letter to the Prime Minister from more than 500 people with Down’s syndrome and their families. Perhaps my noble friend the Minister has it in his briefing pack—perhaps not. This is what they say:

“Theresa May, do you really want to look back at your time in Parliament and see one of your final acts being to introduce a change in the law that would be discriminating against our community and likely lead to many more babies with Down’s syndrome being aborted in a time of equality”.


How do they know the likely death toll for Down’s syndrome diagnosis? They know because in England and Wales, 90% of human beings diagnosed before birth with Down’s syndrome are already aborted. Indeed, while the last 10 years have seen amazing advances in medicine and technology, they have also seen a 42% increase in abortion of human beings with Down’s syndrome.

So, the writing is on the wall. If human beings diagnosed before birth with disabilities such as mine were wild animals, they would be given endangered species status and protected by law. But we are only disabled human beings, so instead we face gradual extinction. That is what this Bill imposes on Northern Ireland, without consultation.

I close with two questions for my noble friend. He is rightly respected as a leading advocate of LGBT rights and I take this opportunity to congratulate the noble Baroness, Lady Barker, on her recent marriage and to wish her and her wife every happiness. Love is love. It is a wonderful thing, as is the personal and societal security, stability and happiness that flow from it. My point is this: I would never presume to invalidate anyone’s love for another human being, including by denying them the right to get married. But why, then, do my noble friend and the Government use this Bill to invalidate the most fundamental right of all: every human being’s equal right to exist? For that, ultimately, is what this Bill does, and without the consent of the people of Northern Ireland or their MLAs.

My last question is this. Recent reports in the media suggest that the day is fast approaching when a predisposition to same-sex attraction can be established before birth. Yet there will be nothing to prevent abortions on that basis, although another reason would presumably be given. Would my noble friend stand at the Dispatch Box and defend the right for people to make such a choice, or would he stand with me and say that such discrimination would be unacceptable and wrong? If, as I hope, he would join me in opposing such discrimination, how can he possibly defend such discrimination against human beings whose only crime is to be diagnosed with a disability before birth?

It is no less unacceptable and wrong for us to impose such inequality on the people of Northern Ireland without their consent. It is vital that, at the very least, that consent is secured by introducing a requirement that a majority of MLAs support regulations before they are laid before Parliament. I urge noble Lords to support Amendments 16 and 16A.