Northern Ireland (Executive Formation) Bill

Debate between Lord Bruce of Bennachie and Lord Elton

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

[Lord Bruce of Bennachie]

I do not dispute that whatsoever. I am taking the specific issue of same-sex marriage, and on that, Sinn Féin politicians have said that they would welcome this Parliament passing a law to introduce same-sex marriage. Indeed, politicians, leaders and leading politicians of every party bar one have done so. Had the Assembly been sitting, possibly without the use of a petition of concern, it is clear that the law would have been changed. That is also a reason why in the talks, one hopes that the future of the petition of concern will be addressed so as not to block the will of the majority even within Northern Ireland, never mind externally. On this issue, parliamentarians in this House and the other place are perhaps on somewhat stronger ground than they are on the other issue—which we will come to later—in terms of the opinions within Northern Ireland.

As the noble Lord, Lord Hayward, says, the world is changing, and it is changing rapidly. We have not even begun to discuss the issues of gender and gender definition, which are causing considerable controversy right now. However, this issue has in many parts of the world almost become a settled, recognised fact. It is not just about gay rights and the decriminalisation of homosexuality. Although there are far too many countries, particularly developing countries, where the law is way behind the reality, otherwise, the reality is that it is now accepted; it is a custom. It has moved quickly, but acceptance is pretty widespread. It is a fact: people meet people who are married and who are gay. The noble Lord, Lord Trimble, said that it has happened in his own family. We have to recognise that the gay community in Northern Ireland—the noble Lord, Lord Hayward, gave personal examples of friends of his and people from his rugby club—are trapped in a situation where they can see that marriage is readily available elsewhere in the United Kingdom, in the Republic of Ireland, across Europe, but not in Northern Ireland.

While Lord Sumption in his Reith lectures made some questionable challenges to the European Convention on Human Rights, it is arguable—and likely to be a resolution of the Court, if it has not already done so—that the right to a civil partnership and, indeed, a marriage for same-sex couples is a human right. If that is the case, if such a ruling were to be made, the United Kingdom Parliament would have the responsibility to ensure that the people of Northern Ireland have their human rights. It would be better to do it before we had such a ruling, and on the basis that there is a clear will within Northern Ireland for this to happen; and many have said that they expect this Parliament to deliver it.

[Lord Elton (Con)]

My Lords, I would draw to the noble Lord’s attention the fact that assertions by English politicians about the opinions of the Northern Irish are no substitute for actual knowledge asserted by vote. It is no good saying that the polls have changed and showing how big they are, because polls—particularly in elective and political matters—are often proved wrong. I hope he will not put more weight than he already has, and in fact, I hope he will put less, on asserting—other noble Lords have done the same—that we know what the Northern Irish think and we know what is good for them, so we will do it. I am very unhappy about all of this, and I shall shut up now, because I was not able to come in for the beginning of the debate, but I am deeply unhappy about what is going on.

[Lord Bruce of Bennachie]

I think the noble Lord is misinterpreting what I said. I was quoting what had been said by Northern Ireland politicians and talking about how the Northern Ireland Assembly had voted. I am not talking about opinion polls, but about votes and the expressed views of political leaders in Northern Ireland—not my opinions but their opinions. I am simply reporting them to the House, and I suggest, on that basis, that it is not about opinion polls; it is about the clearly expressed views of political leaders in Northern Ireland and votes in the Northern Ireland Assembly when it was sitting. In that context, in a sense, the people of Northern Ireland and their representatives are asking us to pass this law.