Abortion (Northern Ireland) Regulations 2022

Debate between Lord McCrea of Magherafelt and Cookstown and Lord Cormack

Tuesday 21st June 2022 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I accept that we long for the devolved Administration to be set up in Northern Ireland, but we all know the reason why that is not happening at the moment. It is because of the forcing of the protocol upon the people of Northern Ireland, yet the heart of the Belfast agreement is that there has to be an acceptance and a willingness from all within the community of Northern Ireland, both the unionists and the nationalists, but the will of the unionist population has been totally swept aside. Therefore, we are ensuring that the will of the people—

[Lord Cormack (Con)]

It would appear that a majority of the people of Northern Ireland do not wish to see the protocol swept away—amended yes, but swept away most certainly not—and that is not a devolved issue. The noble Lord reprimanded my noble and learned friend Lord Clarke, and I must gently reprimand him to get his facts right.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

Not one unionist representative within Northern Ireland supports the protocol. If the noble Lord, Lord Cormack, knows one, perhaps he wants to tell us who they are, and I will accept his—

[Lord Cormack]

A majority of people recently elected to the Assembly accept the protocol.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

The noble Lord, Lord Cormack, has missed the point of the Belfast agreement. There must be a majority of unionists and a majority of nationalists. I am pointing out to the noble Lord—and I am not going to be deflected from the real issue that is before us we are talking about abortion—but I have to say to him, that as far as the protocol is concerned, and I emphasise it again, not one unionist representative returned to the Northern Ireland Assembly is there to support, or give support, or give credence to the Northern Ireland protocol.

Indeed, the damage to the Belfast agreement is clearly seen because Regulation 2 spells it out for us:

“the Executive Committee of the Northern Ireland Assembly is to be disregarded when determining what a relevant person could do for the purposes of paragraph (1).”

I trust that everyone understands that under this regulation the opinion of the Northern Ireland Executive is to be totally ignored, totally disregarded. Such is the arrogance of those who bring forth these regulations. Indeed, the present difficulties in establishing a new Executive in Northern Ireland are due to many law-abiding people in Northern Ireland feeling that their concerns have been disregarded, undermined and ignored.

This statutory instrument simply adds to such alienation and does grave damage to the restoration of devolution. The Northern Ireland Act 1998 makes it clear that on matters that are significant and cross-cutting, the Executive must take the decision and it cannot be left to an individual Minister to decide. I know that the powers granted to the Northern Ireland Executive are not limitless and that the Secretary of State for Northern Ireland does have power to intervene and directly administer. However, that power is also limited and is there to ensure that decisions taken are compatible with international law, having regard to the protection of public order or the vital issue of national security.

These regulations change the very substance of the Belfast agreement and the Northern Ireland Act. These regulations permit the Secretary of State to have absolute power without scrutiny or accountability. When the Minister replies perhaps he can tell us where the power of the Minister of Health stops and the power of the Secretary of State begins. If the Secretary of State commands a civil servant in the Department of Health to do something and the Minister of Health gives a contrary command, whose decision does the civil servant obey? Does this not put civil servants in direct conflict with their Minister?