Public Order Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Baroness Thornton

Committee stage
Tuesday 22nd November 2022 Lords Chamber

[Baroness Thornton (Lab)]

I accept that. However, others who support this suite of amendments have been asked about the amendments tabled by the noble Baroness, Lady Sugg, and have clearly not read or addressed them. That is a great shame. I support the noble Baronesses, Lady Sugg, Lady Barker and Lady Watkins, and my noble friend Lord Ponsonby, in seeking to make this clause acceptable. I hope the Minister sees this as a positive step forward for the next stage of the Bill.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I will speak to Amendment 94, lest it be overlooked in considering the broader issues in this debate. I accept that the issue before us in this section of the Bill is a sensitive one that deserves our most earnest consideration.

I agree in principle with the amendments to Clause 9 tabled by the noble Baroness, Lady Fox of Buckley, and the noble Lord, Lord Farmer. Amendment 94 relates to the criminal punishment attached to the proposed criminal offence. Given that the clause potentially criminalises people for praying quietly or offering support and advice to people in a public area, this is no small aspect of the clause. Making it illegal to quietly stand outside an abortion clinic or compassionately express one’s genuinely held belief about the sanctity of human life and the value of an unborn child, as proposed in this Bill, is surely a major step backwards for our country.

The right to enjoy freedom of speech and the right to peaceful protest have been hard fought for and should not easily be given away. Yet, as a result of this clause, anyone who influences, advises or persuades, who attempts to advise or persuade, or who otherwise expresses an opinion outside an abortion clinic, could be liable even in the first instance to a prison sentence. Surely this runs contrary to our basic freedoms. A former Home Office Minister said in March 2021:

“The right to protest is the cornerstone of our democracy and the Government is absolutely committed to maintaining freedom of expression.”


Can the Minister confirm that this new law as drafted would criminalise someone who accompanies a woman having an abortion who says to her, “Are you sure?”, even if the woman seeking the abortion is happy for that to be asked—that they would fall foul of this legislation? If so, what kind of a country are we living in?

I heard a lot of talk about the other place, and like two noble Lords who spoke—

Civil Partnerships, Marriages and Deaths (Registration etc) Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Baroness Thornton

Report stage (Hansard): House of Lords
Friday 1st March 2019 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, I will speak very briefly in support of the amendment from the noble Lord, Lord Hayward. I feel profoundly frustrated about this issue, a feeling which I think is shared by many in this House. The noble Lord, Lord Morrow, needs to appreciate that there is profound frustration.

I have some questions for the Minister. Is this an issue of human rights? Are human rights a devolved matter? My understanding is that they are not, and that is the context in which we are having this discussion—that in this United Kingdom, our fellow citizens do not have the same human rights as the rest of us. What are we going to do about that under these circumstances? It seems to me that, even if the noble Lord decides not to push this amendment, having this debate is very important because it is a legitimate way of taking forward the discussion—I am just waiting for the next passing bit of legislation on which we might be able to do the same. My experience after 20 years in this House is that when you do that, you usually get there, because the political will is here in both Houses to resolve this issue.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I thank the noble Lord, Lord Hayward, for the manner in which brought forward his amendment, and the respect with which he has treated those who have different views on this subject. As I have said before, I respect and do not doubt the sincerity of noble Lords who hold different views from me, but nor do I apologise for the views which I hold with deep conviction.

The noble Baroness, Lady Thornton, talked about profound frustration. I suggest to her that she knows nothing about profound frustration when it comes to Northern Ireland. I have been an elected representative—for 25 years in another place, for 37 and a half years in local government and for 15 in the local Assembly—and I know what it is to represent the people. For each of those posts, I was elected by the people, not chosen or given some honour as I have been for this House.

However, there is certainly a profound frustration when it comes to what is happening in Northern Ireland because, as my noble friend Lord Morrow rightly pointed out, it was one party—Sinn Féin, and Sinn Féin alone—that brought the Assembly down. Many in your Lordships’ House seem reticent to condemn or name it for pulling down the Northern Ireland Assembly. Many of these issues could once again be debated in that Assembly, because that is the debating chamber in Northern Ireland under the devolution settlement.

During every debate I have attended that has made reference to the Belfast agreement and to the devolution settlement for Northern Ireland, it has been emphasised and re-emphasised that nothing will be done by this Government or by the Opposition which would undermine that settlement. However, I suggest to noble Lords that these amendments do just that. Whenever this issue was referred to the court, it was acknowledged that it was the prerogative and the responsibility of the Northern Ireland Assembly to debate and decide this issue.

I have been asked a question about when this will be. I say to the noble Lord, Lord Hayward, that, in this conversation with Sinn Féin, perhaps we could ask it when it is going to lift the embargo and allow the Assembly to come back into existence, because it and it alone is stopping that. Again, as my noble friend Lord Morrow said, if the Assembly were to be started on Monday morning, my party would be through the door and take its rightful place there. It is Sinn Féin alone that is blocking the Northern Ireland Assembly from coming in to sit. I cannot in good conscience have any knowledge of when the Assembly will come into existence, because I do not know when Sinn Féin will lift or remove its objection and be willing to come back into it.

Let us be quite honest. There are many very demanding issues that need to be decided. For example, people are dying because things are not happening through the health service, which is happening because Ministers are neglecting their position. Many decisions have not been made because Ministers are not there. But it is Sinn Féin alone that is stopping those Ministers from being there—it needs to be pointed to and shown up for what it is doing. There are many issues that Ministers need to decide on, but the Government have decided that no other Minister will come, that devolution must not be undermined and that direct rule will not take place. At this moment, direct rule is certainly not in the offing, and devolution is the only show in town.

While there is a possibility of the restoration of the Northern Ireland Assembly, I appeal to noble Lords not to close its doors and remove a major plank for the existence of the Assembly in making these issues, as was acknowledged by the court.