Northern Ireland (Executive Formation) Bill

Debate between Lord Kerr of Kinlochard and Lord Duncan of Springbank

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[Lord Duncan of Springbank]

My Lords, this debate has stirred a great many emotions. We have heard very powerful speeches from all sides of the House. To ensure that there is no confusion, I will be very specific, and, if you will forgive me, I will break precedent and read what I have to say; it will be easier for me.

Abortion is a sensitive issue. There are strongly held views on all sides of the debate, in Northern Ireland and the rest of the UK. Many of those views have been expressed during this debate and during the passage of the Bill in the other place.

We must recognise the clear will of the other place. That House sought a commitment that the Government would legislate in these matters. The Government respect the views expressed in the other place. Those views were expressed on a free vote, which is a matter of conscience. I stress that the amendments which have come from the other place are procedurally correct, and we must recognise them for what they are. My honourable friend in the other place, John Penrose, the Minister, very clearly set out the challenges represented by the devolution settlement before these votes took place. In doing so, he was careful to ensure that the other place was fully informed.

As I made clear at Second Reading, there are technical problems with the drafting of this clause which need to be resolved. On an issue as important as abortion, which relates to the health and safety of women in Northern Ireland, it is not enough to express the desire for change. The Government must ensure that the drafting of the Bill is effective and can, in practical terms, deliver the change that the Members in the other place want to see. Discussion is ongoing, with the support of the Government, to try to deliver a clause that works. Discussions have taken place with the two Members of Parliament who moved the amendments. I hope that, when we come back to consider these on Report, we will have amendments which are fit for purpose.

I appreciate that there have been a number of views on this issue, not least those that have touched upon the question of devolution itself within a constitutional framework, and not least those that have touched upon the moral questions underpinning abortion. It is right that the Government take no view on these matters; these are matters of conscience, and each individual noble Lord must look to themselves on these matters. We hope that we can make progress on these matters at the next stage. On that basis, and rather than for me to do a full round—

[Lord Kerr of Kinlochard (CB)]

The Minister referred to the constitutional argument, and he is the greatest living expert on the Sewel convention, mentioned by the noble Lord, Lord Morrow. The noble Lord implied —or perhaps was explicit—that, if we passed this Bill, we would be in breach of the Sewel convention. In my recollection, the Sewel convention says that we will not normally legislate without the approval or consent of the devolved Assembly. This situation, where we do not have an Executive and an Assembly, seems completely abnormal. Therefore, I cannot see how we could be in breach of the Sewel convention. I would be very grateful if the Minister, as the expert, could give a ruling.

[Lord Duncan of Springbank]

I am loath to use the term “ruling” on this one, if I may be frank. I understand the noble Lord to be correct; the Sewel convention allows for not acting under normal circumstances, but by any definition the situation that Northern Ireland finds itself in today is not normal. However, I would not like that to carry with it the weight of greater minds than I. I may have to put a very formal note to your Lordships later to confirm that, just in case I am in any way in error.

On that basis, I ask the noble Lord to withdraw the amendment.