Northern Ireland (Executive Formation) Bill

Baroness Smith of Newnham Excerpts

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

[Lord Elton]

I do not question that things have changed a great deal, but I do say to my noble friend on the Front Bench that the Commons do not send us instructions and our function is not to concur with them. They send us proposals for legislation, and they seek and consider our views on them, and our views are important. There is a momentum behind this proposal. It is driven by enthusiasm. It has an enormous backing in the House of Commons. But we still have a duty to see that it is fit for purpose.

What worries me, and should worry your Lordships, are all the things that the noble Baroness has just referred to as to how in some ways it will make things worse. It will allow children to be born who will then have to be left to die. I mention the most emotive of these, but there are many. It seems to me that we should not simply give in to a pressure to get things done quickly and do them wrong; we should do them perfectly. In my view, your Lordships should consider very carefully whether we should not adhere to our function and our traditions and take the time to ask the other place to consider whether in fact what has been shown to be wrong can be put right.

[Baroness Smith of Newnham (LD)]

My Lords, as the noble Lord, Lord Alderdice, said, some parties have whips on the issue of abortion; some parties take it as a matter of conscience. I support the noble Baroness, Lady O’Loan, in many of the things that she has said.

The Minister said earlier that there appear to be many experts on Northern Ireland. I am not going to pretend to suddenly have become an expert on Northern Ireland. I want to touch on two things. One is my surprise that a Bill that was supposed to be about Northern Ireland’s Executive formation appears to have become a Bill that goes far wider—as the noble Lord, Lord Empey, said in introducing his amendments earlier—to matters of life and death. Clearly, Amendment 12 comes into that category.

On Monday the Minister told us that there was an instruction from the House of Commons. Like the noble Lord, Lord Elton, I was surprised to hear about this instruction. Given that we have a very clear indication from the Commons that they wish the issue of abortion to be brought into this Bill, and there clearly appears to be a view across the Chamber that any consultation should be on how, not whether, I have a set of concerns that I would like the Minister to address, many of which have been touched on.

The Minister said that the consultation will be completed by 31 October. We have three months. He is shaking his head. I was going to raise my concern that, if the consultation is being done over the summer, who is going to be consulted, how are they going to be consulted and is there adequate time? A related question is: if there were to be a general election and purdah, that would wreck any timing, so could all that be taken into consideration?

The amendment raises many questions. It would appear that it could allow abortion up to 28 weeks. While 22 weeks is perhaps the lower end of viability—the Minister is shaking his head again but if he can give an indication of what will be proposed it would be helpful. Is it expected that the laws will replicate in their entirety those in Great Britain? Will there be provisions on freedom of conscience? What scrutiny will there be? In line with what the noble Baroness, Lady Finlay, said, will there be an affirmative vote?

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[Lord Duncan of Springbank]

I thank the noble Baroness. That is very useful indeed. I ask my officials in the Box to remember that.

In drawing these remarks to a close, I am also conscious of the remarks about the affirmative procedure. I would be minded to accept that if things came forward in a fashion that would allow me to do so. As we are potentially at an impasse, I turn my attention directly to the noble Baroness, Lady Barker. We can discuss the date of the amendment before Third Reading in the hope that we can find that common ground. Returning to the question from the noble Baroness, Lady Finlay, I say that we may also be able to consider that as part of a common approach on the affirmative procedure.

I appreciate that this has not been an easy debate. I am fully aware—as a number of noble Lords have said—that this matter appears not to come under the title of the Bill. However, I return to the point made by the noble Baroness, Lady Smith, that these procedures have been deemed to be in scope. Indeed, I will go further and say that criticism of the other place in this regard is deemed to be out of order in this House.

[Baroness Smith of Newnham]

When I spoke before, the noble Lord indicated that he would respond on the issue of consultation.

[Lord Duncan of Springbank]

The noble Baroness wants a piece of paper that has now become buried in the strata on my desktop. It is important that we now recognise the reality of the time we have. The holiday period primarily limits our ability to begin any serious consultation. We will have to design it carefully. We anticipate being able to initiate such a consultation in the early autumn. In an ideal world, we could see it being 12 weeks but we may be able to pull it forward to eight. We have to recognise thereafter that simply doing a consultation is not enough: we have to consider its elements. We are not able to deliver the outcome of that by the October date.

Oh, I have the piece of paper with the questions that the noble Baroness asked—forgive me. I think I will be able to answer the affirmative vote question, which we can take forward at Third Reading, if that is possible. The question of freedom of conscience rests within our human rights commitments, to which we remain committed. The guidance must be very clear that no doctor, health practitioner, nurse or anyone else will be compelled to act beyond their conscience or beyond their tolerance in that regard. She asked about events. I have no idea what is going to happen, but we must plan in a smooth and careful manner. I am not looking forward to any serious election issues; I hope that does not happen.

That touches on the answers to the questions, I think. On that basis, I look across the divide to the noble Baroness, Lady Barker, in the hope that she is willing to consider it.

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[Lord Dubs]

I am afraid that I do not follow the thrust of that argument. We are talking about something that we talked about in the previous amendment. I am saying that we should not talk about giving the Assembly the powers on one issue; there are other issues in the Bill but nobody has suggested that we talk about those. In any case, I believe that the situation in Northern Ireland has changed quite a lot. I do not like bandying public opinion polls around, but the latest figures I have from the 2018 Northern Ireland Life and Times survey, which is equivalent to the British Social Attitudes survey, are that 89% of people in Northern Ireland believe that women should never go to prison for having an abortion, 82% believe that abortion should be a matter for medical regulation and not criminal law, and 71% believe that it should be a woman’s right to choose whether to end her pregnancy. I believe the situation has changed, and we cannot simply say, “The Assembly did that some years ago”. The argument in this amendment was that we should consult Assembly Members now; I say, not if we are dealing with one issue only. We should consult them on everything and bring them back to life that way. I am sorry, but I am not happy about this amendment; it is simply time to have another go at the previous amendment.

[Baroness Smith of Newnham]

My Lords, in the previous set of amendments, the Minister talked about consultation. In his response to this set amendments, could he explain what role would be envisaged for the Members of the Assembly in that consultation?

[Lord Shinkwin (Con)]

My Lords, I will speak in support of Amendments 16 and 16A. We have already heard how understandably upset the people and the politicians of Northern Ireland are at not having been consulted about our imposing massive changes on them on such hugely sensitive issues. But what we have not heard are the views of disabled people in Northern Ireland. For the simple fact is that, if the Bill becomes law, human beings in Northern Ireland with conditions like mine will suffer the death penalty for the crime of being diagnosed with a disability before birth.

I asked my noble friend the Minister several questions in Committee on Monday; he answered not one of them, so I will have another try. First, can he tell me what consultation has been carried out of people with Down’s syndrome or their families in Northern Ireland? The Prime Minister prides herself on the Government’s professed commitment to equality, so perhaps my noble friend the Minister could tell the House what effort the Government have made to establish how people with Down’s syndrome and their families in Northern Ireland feel about the prospect of human beings with Down’s syndrome being aborted and denied their equal right to exist? I would be very happy to give way if my noble friend would care to answer.