Northern Ireland: Supreme Court Ruling

Debate between Baroness Tonge and Lord Duncan of Springbank

Thursday 7th June 2018 Lords Chamber

[Lord Duncan of Springbank]

I thank the noble and learned Lord. He is absolutely right that the judgment itself, even on a cursory reading, does not allow us to escape the conclusions that have been drawn simply because there is a technical matter there. The obligation for us right now is to ensure that we are able to move forward on this matter. The challenge, however, is that we must ensure clarity from the parties and communities in Northern Ireland as to how. We do not wish to be seen as, in essence, trying to interfere from over the water deliberately to change what are clearly very deeply held views by a number of parties. None the less, the finding itself will need to be considered very carefully and we must do that in order to be clear that we are upholding our obligations, something that the Government will continue to do.

[Baroness Tonge (Non-Afl)]

My Lords, this is a strange situation where the judgment is a non-judgment. Are the Government aware that the current situation on abortion in Northern Ireland is considered to be gender-based violence by the United Nations Committee on the Elimination of Discrimination against Women? In the face of that, while we have effective direct rule in Northern Ireland, could we not, if the Government are reluctant to do anything before the Assembly reconvenes, at least insist that a referendum is held on this issue in Northern Ireland?

[Lord Duncan of Springbank]

I thank the noble Baroness. Abortion has been a devolved matter in Northern Ireland since long before the Executive. It is clear that the view across the communities in Northern Ireland when last tested in Stormont did not reach the position that she outlined. It is therefore important that we make progress in this matter on the basis of consent—that there is recognition within the communities of exactly what is going on. The idea that we would seek to act precipitately in this matter has wider constitutional implications. We need to spend a little more time considering the judgment, none the less recognising that elements within it need to be taken on board. I do not believe that a referendum is the way forward in this matter, particularly in the absence of the Stormont Executive and Assembly, but progress will need to be made. It is a question of how we do so.