Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023

Debate between Lord McCrea of Magherafelt and Cookstown and Baroness Ritchie of Downpatrick

Wednesday 28th June 2023 Grand Committee

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I declare an interest as a member of the Secondary Legislation Scrutiny Committee. We are joined today by the chair of our committee, the noble Lord, Lord Hunt of Wirral. I speak in a personal capacity.

I concur with our committee’s report on this legislation. I know that the rule of the committee is to consider only instruments laid before the House of Lords and to draw the House’s attention to those that meet our reporting grounds. It is then for the House to determine what further action is required.

However, with reference to this SI and its controversial nature, and the need for proper, adequate consultation—as already indicated by the noble Lord, Lord Morrow—with schools, boards of governors and churches, which in many instances own the schools, I urge the Minister to bring forward the necessary legislation to push back the implementation date to allow that consultation to take place. I ask the Minister to consider that. It would allow time for a public consultation and ensure that the policy can be fully developed.

In fact, at the weekend, I spoke to one of the principals of a Catholic grammar school in Downpatrick. He was concerned about the outworkings of the action. He is fully cognisant that we now live in a more liberal world and he feels that the content probably can be delivered sensitively, but it would be preferable if there was consultation that allowed for informed choices to be made.

I contend that the manner and content of this legislation suggests a level of arrogance on the part of the NIO and a total disregard for schools, parents and their management structures, many of which are in the faith-based sector. I feel that they have been treated with total ignominy.

The Secondary Legislation Scrutiny Committee received representations from a broad range of bodies, including all the churches in Northern Ireland, the Catholic Schools’ Trustee Service—I declare an interest as I was taught in the Catholic sector—the Controlled Schools’ Support Council, Right to Life UK, the Christian Institute, the Presbyterian Church and the Transferor Representatives’ Council. They all raised several concerns, which have been reflected in the SLSC submission to your Lordships’ House. The lack of public consultation prior to the regulations coming into effect has caused immense concern. The NIO told the committee in its responses that there was “no legal requirement” to conduct a consultation—why is that the case?—but that it had

“engaged with a range of stakeholders and statutory organisations”.

Can the Minister say which stakeholders and statutory organisations? What responses did the NIO receive? Were these responses published? What did the responses state? Was there any engagement with those groups directly involved with young people—teachers, parents, boards of governors, the controlling bodies and the churches?

The SLSC, as the noble Lord, Lord Morrow, referred to, concludes that, given the controversial nature of this policy and strong views expressed in submissions to the committee, a full public consultation “would have been appropriate”. The report also points out that other comparable policy changes, including when similar regulations were introduced for England, were subject to a public consultation before implementation. Why was there no public consultation for Northern Ireland? Why was there no recognition of the need to work with all involved in delivering education, particularly those in faith-based environments—and particularly in Northern Ireland, where the subject of abortion is highly controversial. Why was there no recognition of the need to acknowledge and respect the ethos and faith-based nature of many of our schools?

There is no doubt that full public consultation can result in improved policy-making. Sadly, we are at variance in Northern Ireland with what happened in England. If I may, I just quote what the Catholic Schools’ Trustee Service said in its submission; Bishop Donal McKeown, the chair of that service, said:

“We have a particular concern regarding the Explanatory note to the Regulations which proposes a programme of RSE that does not advocate or promote any particular opinion. This requirement runs entirely contrary to the very existence of a faith-based sector which is committed to an ethos, one which parents & carers have specifically chosen for their children”.


The submission further states:

“We would highlight the contrast between this legislative requirement and that which applies to schools in England. The House of Commons Library Report”—


Relationships and Sex Education in Schools (England) from 23 March 2023—

“notes, ‘Schools will have flexibility over how they deliver these subjects, so they can develop an integrated approach that is sensitive to the needs of the local community; and, as now, faith schools will continue to be able to teach in accordance with the tenets of their faith’. Why are these rights, passed overwhelmingly in 2019, in the House of Commons by approval of 538 MPs being denied to schools in Northern Ireland?”

Noble Lords from Northern Ireland need answers to that question. That submission also says:

“The guidance for England also makes explicitly clear that provision for RSE is set, ‘within the context of a school’s broader ethos and approach to developing pupils socially, morally, spiritually and culturally’ The requirements set out in the legislation for Northern Ireland pose a very different and, indeed, contradictory approach to that approved for schools in England”.


While the regulations were laid by the NIO, much of the detailed implementation of the policy will fall to the Department of Education in Northern Ireland. Some aspects of the policy underpinning the regulations, including procedures to allow parents to withdraw their children from sexuality education, may apparently not be developed by the policy implementation date of 1 January 2024—but maybe the Minister has a different view on that. This will be of concern to parents, and it would be useful to fully tease out and get answers on it.

I believe that parents have the right to choose what sort of sexual education their children should receive. The failure to respect the autonomy of parents in this sensitive area is alarming and contrary to any elementary concept of democratic choice. We suggest that the Government should reflect on the European convention, which states that, in the exercise of education,

“the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions”.

To coincide with the trend of inadequate explanatory memoranda that we receive from other departments—the chair of our committee will be fully aware of that—the NIO has stated in its Explanatory Notes that these regulations would have

“no, or no significant, impact on the private, voluntary or public sectors”.

I would like to know this from the Minister: how was that conclusion arrived at, and on what basis was this assessment made?

The Assembly and Executive are the rightful places to deal with such issues, and I hope that there is a restoration. A pause would therefore be suitable to allow a consultation, which would then allow a reformed Assembly and Executive to formulate a policy with legislation on sexuality education matters which is specific to Northern Ireland and takes on board the ethos and faith-based nature of many schools.

This legislation places significant new responsibilities on boards of governors and principals. I feel that it directly undermines the rights of parents and challenges the rights of trustees to promote that faith-based education. What training will be provided to schools, boards of governors and teachers? What funding will be provided during this time of difficult financial challenges for schools, which we hear about daily?

More thought and reflection are required. I ask the Minister to give that and allow a consultation to take place, as well as meetings with all those involved, to ensure that a policy is put in place that fully reflects the needs of all.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I am sure that the Minister knows that some things will have to be repeated as he listens to this debate. Perhaps after the Members from Northern Ireland have spoken a number of times, it will indeed affect his and the department’s thinking.

In my humble opinion, which I have a right to, I confess that the statutory instrument before us today is a disgrace to any Government. Forcing all primary schools in Northern Ireland, including faith schools, to teach girls that they have a right to an abortion and telling them how to get one without their parents finding out, even if they are under age, is unbelievable in what is supposed to be a democratic society.

Northern Ireland Protocol Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Baroness Ritchie of Downpatrick

Committee stage
Monday 7th November 2022 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

For the avoidance of doubt, and for the information of the noble Lord, Lord McCrea, when I say “consent and agreement” I mean consent, and it must be the consent of all the people—unionists and nationalists.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I thank the noble Baroness. That then begs the question: why is it not in her amendment? Why is it simply the consent of the Northern Ireland Assembly, which in fact removes it from cross-community consent? That is not what they are talking about here. If it had been, it would be in this. I listened very carefully to the noble Baroness, Lady Suttie, saying that this would be looked at on a later date. I trust that this will be taken on board. We will not move forward unless there is cross-community consent, and there is no cross-community consent and no unionist consent for this protocol, which they believe is a vehicle for taking Northern Ireland out of the United Kingdom.

Northern Ireland Protocol Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Baroness Ritchie of Downpatrick

Committee stage
Monday 31st October 2022 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

I thank the noble Lord, Lord Purvis, for his clear elucidation of the impact of these amendments. To give a practical example, the dairy industry in Northern Ireland, which I mentioned earlier, is largely all-Ireland in nature, because the greater proportion of the processing of dairy products is in the Republic of Ireland. If grain comes into Northern Ireland through either the red or green lane and could be used by a dairy farmer, the DAERA vet—the department vet—cannot certify whether the milk is produced to EU standards. How can he do so with no certificate? The milk is therefore not going south for processing. That also applies to animal healthcare products. The green and red lanes probably work for retail, but not for food processing. It does not work for primary processers who export.

It is worth noting that in 2021 the Northern Ireland dairy industry represented 31% of UK dairy exports overall. Green and red lanes, or the dual regulatory zones envisaged in this Bill, would cause huge damage to the dairy industry. I know that certain elements of the dairy industry, such as Lakeland Dairies, have had discussions with the noble Lord, Lord Caine, and, prior to that, former Minister of State Burns. I know it would be deeply appreciated if the noble Lord could have further discussions with them, because they know the practical outworkings of that.

Further to that, it is clear that these issues are fundamental to the negotiations, including the technical negotiations, that should be going on between the UK and the EU. We want to see resolutions to these issues. I recall what my noble friend Lord Hain said: where there are problems with the protocol—such as with its implementation—there are solutions. If there is good will on all sides, exactly those negotiations will try to resolve those wrinkles and difficulties.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, having listened to the debate thus far, I have again noticed that a number of noble Lords seem to be exercised about the DUP’s well-known opposition to the protocol. To be clear, not one unionist or unionist party in Northern Ireland accepts the protocol. Rather than just mentioning the DUP, I ask noble Lords collectively not to obsess over the party and realise that there is a serious problem to be dealt with. Clearly, we have an impasse at present, and until the Northern Ireland protocol is dealt with, we will not move forward into an Assembly. That must be restated.

In this group we are confronted with the proposal that Clause 7 should not stand part of the Bill. The clause deals with the option of dual regulatory routes, which arises from the Bill creating a regulatory route that does not involve complying with the protocol. Thus, those proposing the removal of Clause 7 once again engage their argument that the doctrine of necessity cannot be applied and thus excuse us from complying with the protocol. In that context, they maintain Clause 7 should not stand part of the Bill.

Once again, it seems to me that arguing for necessity and a special dispensation not to obey international law is not the best way of addressing the protocol problem. In making this case, I will pick up on the assertion made by some noble Lords that this Bill is problematic not only because no commitment was made to it in the 2019 Conservative manifesto but because the manifesto suggested that the Conservative Party was committed to the protocol. It seems to me that one can assert on this basis that it would be wrong for the Government to bring forward a Bill such as this only if we pretend that Articles 1 and 2 of the protocol are not part of it.

Not only do Articles 1 and 2 subject the protocol to the Belfast agreement treaty, but Article 30 of the Vienna Convention on the Law of Treaties makes it plain that, in the event of any conflict, the Belfast agreement should prevail. This clearly implies that if the operation of the protocol undermines the Belfast agreement, action must be taken. This is more than implied in Article 2, which actively places as a matter of international law an obligation on the UK Government to ensure that the operation of the protocol does not diminish the rights set out in the section of the Belfast agreement

“entitled Rights, Safeguards and Equality of Opportunity results from its withdrawal from the Union”.

As other noble Lords have pointed out, the operation of the protocol is dramatically diminishing the right in the relevant section of the agreement to

“pursue democratically national and political aspirations”.

This right can no longer be pursued in relation to 300 areas of law that have now been removed from a legislature that includes legislators elected by Northern Ireland and placed in a legislature where Northern Ireland has no legislators. This means that, rather than international law being the enemy of this Bill, it is its friend, because the Government are subject to an obligation in international law—Article 2 of the protocol—to take action to ensure there is no diminishment of the right to

“pursue democratically national and political aspirations”.

There is an additional international legal imperative in this regard which should not be overlooked. It arises from Article 3 of the protocol of the European Convention on Human Rights and the case law arising from the case of Matthews v United Kingdom. Matthews lived in Gibraltar and was subject to legislation made by the European Union. As in the case of Northern Ireland, this legislation was made by the European Parliament, in which Gibraltar had no representation. Paragraph 64 of the judgment of the European Court of Human Rights in the case concluded:

“In the present case, as the Court has found (see paragraph 34 above), the legislation which emanates from the European Community forms part of the legislation in Gibraltar, and the applicant is directly affected by it … In the circumstances of the present case, the very essence of the applicant’s right to vote, as guaranteed by Article 3 of Protocol No. 1, was denied. It follows that there has been a violation of that provision.”


This case is of seminal importance, because it established that it is not lawful for any jurisdiction to be subject to legislation made by the European Union when the citizens of the said jurisdiction are not given the opportunity to elect their own representatives to the EU institutions to make that law. The Matthews judgment rings out loud and clear across Northern Ireland. The legislation imposed on Northern Ireland, courtesy of parts of the protocol, denies the very essence of the right to vote, as guaranteed by Article 3 of the protocol of the European Convention on Human Rights.

Northern Ireland Protocol Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Baroness Ritchie of Downpatrick

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, having listened to the debate thus far, I appreciate that DUP-bashing can be a popular exercise for some noble Lords, but I can tell them that we have a good, strong back. But the fact is that not one unionist political party or elected representative in Northern Ireland supports the Northern Ireland protocol. Whenever you speak about the DUP, you are talking about unionism collectively. Noble Lords should never forget that. I also remind the House that the Northern Ireland Assembly is built on the premise not of majority rule but of cross-community consent, which the Northern Ireland protocol does not have.

The human rights provisions in the Belfast agreement provided the people of Northern Ireland with the right to

“pursue democratically national and political aspirations”.

Article 2 of the protocol obliges the UK Government to ensure that there is no diminishment of any Belfast agreement rights following Brexit. Yet the protocol challenges these rights of the people of Northern Ireland head-on, slashing the value of their vote.

I will quote from a letter I received from a lady in Northern Ireland:

“I am eternally grateful for the work of Ulster’s pioneering 19th century female human rights campaigner, Isabella Tod and those who followed her in the early 20th century, like Dora Mellone … My concern, however, is that the work of these great civil rights campaigners is being undermined, and that my civil rights are being infringed, by the Protocol. Tod, Mellone etc did not campaign for us to have the vote, only for the meaning of that vote to be substantially eroded compared with people living in Great Britain or in the Republic of Ireland. That, however, is the effect of the Protocol because in some 300 areas of law, in relation to which I previously was represented through my legislators, I have now become voiceless. This has immediate, direct and distressing equality implications because it means that I no longer enjoy equality with respect to UK citizens living in Scotland, Wales or England or indeed with citizens of the Republic of Ireland. In the same way UK citizens in Scotland, Wales and England can stand for election … or elect MPs to make their laws in the 300 areas, so too can citizens of the Republic … vote for TDs, Senators and MEPs to make laws in all these areas. The citizens of Northern Ireland are, therefore, uniquely discriminated against.”


Can anyone in this House support or accept that? When we read that letter in the context of the human rights provisions in the Belfast agreement and the obligations in the protocol on the British Government to ensure that there is no diminution of those rights because of Brexit, the case is unanswerable.

I make an economic point. The EU thinks we should be happy because we are offered reduced checks of 80%. If checks were reduced by 90%—

[Baroness Ritchie of Downpatrick (Lab)]

I thank the noble Lord for giving way. Does he accept that the DUP is currently preventing the restoration of all the political institutions in Northern Ireland at a time when the people are facing a cost of living and cost of business crisis and urgently need local governance to make decisions?

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I accept that the DUP has made it abundantly clear that it will not go into the Executive. Have no doubt about that; let the House hear it clearly. I will refer to the speech of my right honourable friend, the leader of our party, on Saturday to his party conference.

As I was saying, if checks were reduced by 90%, it would make no difference because they are not the problem. The problem is the paperwork, which still has to be done whether a consignment is checked or not. Some might respond, “Why is that such a problem? Different countries export to each other all the time. Why should treating Northern Ireland as a third country in relation to the rest of the United Kingdom be economically devastating?” To answer that question, we have to understand that, although we talk about living in a globalised economy as if it was all one, in reality, while there are all manner of links between different state economies, the links within them are none the less qualitatively quite different.

Shipments in lorries between countries tend to be of one product in bulk; as there is only one product, you need only one set of paperwork, which is manageable. However, for shipments in lorries within integrated economies, the contents are quite different. Rather than being overwhelmingly one product, they tend to include multiple products, which means that if you try to treat them as exports, they need multiple pieces of paperwork. That costs money. It is why a number of firms state that they do not believe they can trade with Northern Ireland if the protocol goes on and is furthered by the desire for its full implementation.

Finally, because of time, since it has been raised today, I draw noble Lords’ attention to where the DUP stands. Our leader made this clear on Saturday:

“Let me be clear—either the Prime Minister delivers the provisions of the Protocol Bill by legislation or by negotiation and ensures that our place in the United Kingdom is restored... or there will be no basis to re-enter Stormont.”


That is clear. He continued:

“On this issue it is not words but actions we need to see and we will judge any outcome on the basis of actions not words.”


I say this to the Government tonight: get on with dealing, get on with action, enable us to get on with being equal citizens within the United Kingdom and let our people prosper.

Flags (Northern Ireland) (Amendment) Regulations 2021

Debate between Lord McCrea of Magherafelt and Cookstown and Baroness Ritchie of Downpatrick

Tuesday 25th January 2022 Grand Committee

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, first, I thank the Minister for his explanation of the very technical provisions in these regulations. They deal with very sensitive issues relating to the passing of Prince Philip and the demarcation issues around the wedding day of the late Prince and Queen Elizabeth.

While the regulations make technical amendments, it is worth noting that flags and emblems in Northern Ireland have gone to the very heart of our society and community. They also lead in very much to our divided society. Northern Ireland is a divided society where flags and emblems are used on many occasions to mark out territory, define identity and cause internecine conflict between both traditions; this situation is heightened during the marching season. I suppose there are two flags: the flag of the United Kingdom and that of the Republic of Ireland. It is important that there is respect for both traditions and that we talk in terms of mutual understanding, building a shared society and having respect for political difference. Flags should not be dragged in the gutter to make a political point. Traditions should respect the value of identity and of those flags that demonstrate identity.

There is one issue, which was also raised during the Assembly debate on this on 8 November. The Minister will recall that, at the Stormont House talks, and then with the subsequent agreement, a decision was taken to establish the Commission on Flags, Identity, Culture and Tradition. It met on many occasions and eventually presented its report to the Executive Office last year. Even though it had worked on this for a considerable time before publishing the report in December, to me the report simply kicked the can down the road. No forward plan or action plan was produced, despite a delay of some two years in the report’s publication. It concluded that paramilitary flags—which are different from the union flag and the tricolour—and murals should not be displayed, but there was no plan from the commission to deal with this. Therefore, I ask the Minister to use his good offices with the Northern Ireland Executive, and in particular the Ministers in the Executive Office, to find out when they will bring forward a plan and when they will have discussions with the Government, under the strand one commitments of the Good Friday agreement, to deal with these issues. I am in no doubt that, to build that shared society, we require mutual understanding, reconciliation and, above all, respect for political difference.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I thank the Minister for his clear outline of the purpose of the legislation and his explanation of the provisions in it. It deals with some necessary amendments demanded to meet life’s realities. I once again pay tribute to His Royal Highness Prince Philip, the Duke of Edinburgh, who not only gave sterling service to the nation but had a particularly important role in promoting relationships within Northern Ireland, especially through participation in the Duke of Edinburgh’s Award scheme.

These amendments remove Prince Philip’s birthday and Her Majesty the Queen’s wedding day from the list of designated days to fly the union flag. I regret this is necessary, but I accept its reality. It is also vital that we prepare for the death of our monarch, and in my heart I say, as I have often sung, “Long may she reign”. We are so privileged to have as our monarch the most remarkable woman in the world, whose integrity and strength of character have shone brightly in even the most difficult of circumstances. Her example is one that we all should seek to emulate.

I will make a few other remarks in the light of what was said by the noble Baroness, Lady Ritchie of Downpatrick. I want to make it clear that there are not two flags for Northern Ireland; there is one—the flag of the United Kingdom. I respect the flag of the Irish Republic for what it is: the flag of the Irish Republic. I live in an area in which every day I face travelling down the road with a flag of a foreign country being flaunted in my face. That is in a neighbourhood where many people were murdered by the IRA. I believe, from the remarks that have already been made, that all noble Lords acknowledge that flags and emblems are a sensitive issue in Northern Ireland. In reality, flags are important to the lives of the people of Northern Ireland, especially bearing in mind that many innocent people’s lives were taken to preserve our position within the United Kingdom. They were murdered because they believed in that reality.

However, before noble Lords today is a provision of reality. I therefore accept it. I regret only the limit to the designated days, because I would be delighted if our flag was flown across this United Kingdom every day and was looked on not as something divisive, but in acknowledgement of the great blessings and benefits it has brought to the people of all Northern Ireland.