Brexit: Withdrawal Agreement and Political Declaration

Baroness Stroud Excerpts

Monday 14th January 2019 Lords Chamber

[Baroness Stroud (Con)]

My Lords, I thank the Minister for enabling this debate and for his careful consideration of all the contributions from both sides of this House. We know that emotions run deep and that, with divisions in every party clearly manifesting themselves, this has ceased to be a party-aligned issue, but I hope to add my voice to those who are conscious of the enormity of this historic moment.

Some have argued that the future holds nothing but economic ruin, some fear an economic flatlining or stagnation, and others still believe in the sunlit uplands of global trade if only we could get to the other side of Brexit. The reality, if we are honest, is that none of us has walked this way before and no one really knows what will happen when we leave the European Union. But most of us know this is a path we need to walk in some way, shape or form and that all our debates are focused on finding the best way possible that delivers continued social and economic prosperity for a nation with such a remarkable history.

The vote to leave the European Union was a bold, surprising and unequivocal statement by millions of people who wanted to change the political, economic, and social status quo. It was a moment in time, as far as they were concerned, a rational choice, when those who had not felt heard by the establishment, or by many of us even in this Chamber, expressed their desire to take back control: control of their wages, public services and borders and of this nation’s sovereignty. I am afraid that I have to disagree with the noble Lord, Lord Wrigglesworth.

The events of 23 June 2016 should have kick-started a national debate aimed at understanding and reconciling the deep divides surfaced by the referendum in our nation. How can it be that two halves of the UK see the same country so completely differently? This should have mattered to us. What can actually be done about it? This should have been our overwhelming focus and priority. Instead the debate that was kick-started has tragically driven divisions even deeper and left many feeling that the establishment has continued not to hear them.

For many, the debates we have here about all that could be lost hold little or no sway. As far as they are concerned, much has already been lost. It is important that we take time to hear and understand these perspectives and that our withdrawal agreement honours their concerns—about their wages, the security of their homes and access to public services. This was not a minority group; it was 52% of those who voted and we have to hear their concerns. The withdrawal agreement needs to be right for the whole country: honouring the concerns of those who voted leave and those who voted remain, and delivering a strong foundation for economic and social prosperity for future generations. The Prime Minister’s withdrawal agreement addresses a number of the structural and economic issues raised by the vote. For these reasons it achieves some of the Brexit objectives, so I will support it, although I suspect that a final step may still be needed if it is to pass in the other place.

But there are issues that the withdrawal agreement cannot and does not address; there is a deeper malaise to be treated, deeply linked to job insecurity, and access to housing, education and healthcare. If we are truly to change how people’s lives feel to them at present, while leaving the EU is a critical first step, the vote must also trigger wider reform, a better and clearer vision of social justice and significantly greater social cohesion. These issues should be as strongly and as passionately debated by Members of this House as any withdrawal agreement.

In light of the Brexit vote, we have a once-in-a-lifetime chance to reshape public policy so that it genuinely helps those who feel they have little stake in society, and to respond directly to the concerns that surfaced in the referendum. In years to come the EU referendum will be seen as a turning point in Britain’s long history. Depending on what we do next, it could simply be remembered as the moment we finally agree a withdrawal agreement and progress towards exiting the European Union: a moment of political process, a technical adjustment to the UK’s relationship with Europe. If that is the case, we will have failed. Instead, we must listen with compassion and humility to those who desperately wish for another way. As political leaders, our duty is to provide the wisdom and courage required to move towards a new settlement for Britain, not to keep alive old and current divides; there is then the hope of prosperity and social justice for all, and of a United Kingdom.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Baroness Stroud Excerpts

2nd reading (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Baroness Stroud (Con)]

My Lords, I add my voice to those of noble Lords who expressed their sadness that we are, once again, in this place. Given the time, I will concentrate on Clause 4, which was introduced to this Bill by amendment in the other place. I question the clause for two main reasons. First, it represents a serious overreaching of the powers of Westminster. Secondly, as the House has heard, the insertion of this amendment is a misinterpretation of the role of the courts in relation to changing primary legislation.

Clause 4 represents a serious overreaching of the powers of Westminster and is not sensitive to the current reality of Northern Ireland politics. If we were in a position where there was no chance of devolved government being restored, it might be appropriate for Westminster to intervene on sensitive devolved matters. However, as this House has repeatedly expressed this afternoon, that is patently not the case. Most people in Northern Ireland believe that there is a good chance that devolved government will be restored once the main Brexit decisions have been made. The prospect of a fully functioning Stormont in 2019 is not beyond the bounds of possibility, and we should do nothing to put it there. Indeed, the Bill is premised on that hope. It is not advisable for Westminster to intervene on a devolved policy matter for the first time since the advent of Northern Ireland in 1921.

It is also understood that this is a matter where the people of Northern Ireland are known to feel strongly. As we have heard, recent polling shows a strong desire for abortion law to be set by the democratically elected representatives of Northern Ireland. For example, a recent ComRes poll found that 64% of people—and 66% of women—in Northern Ireland believe it would be wrong for Westminster to legislate on this issue at this time. Those proposing these amendments seem a little more concerned to make progress on this issue while the Assembly is down than to get power sharing back up and running again. I firmly believe that the steps that we in Westminster take at this time should be guided by one overriding consideration—whether our work will help or hinder the restoration of power sharing. Will this clause hasten the return of a functioning Executive and Assembly? Will it build the necessary trust, or hinder it? The answer is pretty self-evident, given the culture and nature of Northern Ireland. Trust grows slowly but can be quickly decimated.

Secondly, as noble Lords have noted, the sections of the law referred to in this clause govern the law on abortion, as interpreted by the courts. These provisions currently restrict legal abortions in Northern Ireland to situations where the life of the mother is at risk and continuing the pregnancy would adversely affect her physical or mental health in a manner that is “real and serious” and “permanent or long-term”. As the noble and learned Baroness, Lady Butler-Sloss, so eloquently stated, it is clear that Clause 4 rests on a misunderstanding about changing primary legislation. Although the Northern Ireland Assembly is temporarily suspended, abortion law remains devolved, as we have heard many times this afternoon. Only on 10 February 2016, the Assembly debated changing the law; the Assembly voted not to change the law in either of these situations. This is a recent debate.

This June, the Supreme Court ruled on a case in Northern Ireland on the same narrow scope of abortions that the Assembly had debated in 2016. It rejected the appeal and did not make any declarations of incompatibility with the current law in Northern Ireland and the European Convention on Human Rights. The notion that the Secretary of State should now produce guidance to impact the conduct of officials based on non- binding reflections of the courts rather than on the law is deeply problematic. It establishes a concerning precedent that should not be sustained. The relevant guidance should not differ from that issued by the Executive in March 2016, which reflects the law as it stands.

The impact of the law in Northern Ireland today is interesting in certain respects and may be of interest to policymakers here. The commitment to the value of the life of both the unborn and the mother has helped to define the culture of Northern Ireland and, in part, to make Northern Ireland what it is today. This is illustrated by the publication of a report at the beginning of last year which used robust statistical methods to show that around 100,000 people are alive in Northern Ireland today who would not have been had the Province elected to embrace the Abortion Act back in 1967. It should not be surprising that a Province which has lost so many holds life to be so precious. The figure of 100,000 was attacked and complaints made to the Advertising Standards Authority. However, after a five-month investigation, and drawing on the advice of health economists, the ASA ruled in August last year that the figure was entirely reasonable. It is extraordinary to consider that 100,000 people are alive today and that their right to life is entirely consistent with human rights.

Clause 4 is deeply problematic, and I ask the Government for assurances that any guidance that they provide will instruct officials to respect the rule of law and the law as it stands in this area.