Northern Ireland (Executive Formation) Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Lord Hayward

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

[Lord Hayward]

I will look in my diary and make sure that the noble Baroness has a free slot in her diary to come. Hopefully, it will be a celebration of the introduction of same-sex marriage. I said I would wear this club tie each time I spoke until we had changed this law, and I intend to continue to do so—but I hope I will not be bound by that for too long.

The purpose of the amendments I have tabled, with other Members of this House, is to improve and extend the drafting of Clause 8. This will enable the Secretary of State to deliver a comprehensive and effective regime for same-sex marriage in Northern Ireland. The amendments would also allow the Secretary of State to introduce opposite-sex civil partnerships in Northern Ireland. This will ensure that all couples in Northern Ireland, irrespective of their sexual orientation, will have equal rights to enter the form of relationship of their choice. At this stage I thank not only the Minister and Conor McGinn but the officials, who have been so helpful in drafting these amendments.

Amendment 11 would replace subsections (1) to (4) of Clause 8 with new subsections (1) to (8). New subsection (1) enables the Secretary of State, by regulations, to extend eligibility so that two people of the same sex may marry in Northern Ireland and two people not of the same sex may form a civil partnership. Noble Lords will recall that we debated extending civil partnerships to opposite-sex couples in England and Wales earlier this year; I contributed by tabling an amendment, which I ultimately withdrew. This was part of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019. Last week the Government announced their plans to allow such couples to form civil partnerships, and last month the Scottish Government committed to introducing legislation enabling Scottish opposite-sex couples to form civil partnerships. It is only right that we now extend this entitlement to opposite-sex couples in Northern Ireland so that we ensure full equality of access to relationships across the United Kingdom.

New subsection (2) requires that the first regulations under new subsection (1) come into force on or before 13 January 2020. The combined effect of the amendments is that Clause 8 itself would come into force on 22 October, unless the Northern Ireland Executive is reformed on or before 21 October, and the regulations on same-sex marriage and civil partnerships would follow early next year. Pushing back the commencement date for these regulations would allow the Government and the Northern Ireland Civil Service more time to make the necessary changes to legislation, as well as the essential operational changes. I understand that any less time than this would jeopardise the Government’s ability to extend the full set of rights and entitlements to both same-sex married couples and opposite-sex civil partners.

Our amendments would also allow for other necessary amendments to be made by regulations. New subsection (4) outlines the areas about which the regulations may make particular provision. These include: matters relating to parenthood and parental responsibility; the financial consequences of marriage and civil partnership, which may include pensions and survivor benefits; and the recognition of equivalent same-sex marriages and opposite-sex civil partnerships entered into in Great Britain and overseas as marriage and civil partnerships in Northern Ireland. I stress that this list is not exhaustive but is intended to give a clear indication of how the powers in new subsection (3) are likely to be used and the numerous other changes that will be needed as a consequence of the extension of marriage and civil partnerships.

New subsection (5) enables the Secretary of State to make regulations governing conversion rights. The Marriage (Same Sex Couples) Act 2013 allows same-sex civil partners in England and Wales to convert their civil partnerships into marriage, without first having to dissolve the partnership. The Government are now consulting on whether opposite-sex married couples in England and Wales should similarly have the opportunity to convert to a civil partnership. New subsection (5) would allow for both eventualities in Northern Ireland.

New subsection (6) enables the Secretary of State to make regulations that protect the ability to act in accordance with religious belief in relation to same-sex marriage, opposite-sex civil partnerships and conversion between marriage and civil partnership and vice versa. I am conscious that this is a particularly sensitive issue in Northern Ireland. Noble Lords may be familiar with provisions of the 2013 Act, known as the quadruple lock, which we have debated in this House on many occasions. Essentially, the quad lock ensures that no religious organisation or individual minister can be compelled to marry same-sex couples or to permit that to happen on their premises. The 2013 Act also provides an opt-in system for religious organisations that wish to conduct marriages of same-sex couples and ensures that no discrimination claim can be brought against religious groups or individual ministers who refuse to marry couples because they are of the same sex. The Government have noted that they intend to extend similar protections to civil partnerships on religious premises in England and Wales.

The protections for Northern Ireland will need to be adapted to fit the specific circumstances there. That is because the system for religious marriage is different in Northern Ireland as it operates through approved celebrants, rather than approved premises, and marriages can be conducted by belief organisations, such as the humanists, as well as religious organisations.

Northern Ireland also has constitutional protection against discrimination on the grounds of political opinion. The power in subsection (6) is therefore drafted in a way that enables appropriate protections to be crafted to fit the particular conditions in Northern Ireland, although I understand that they are likely to be broadly the same as those applicable in England and Wales and in Scotland. 1 hope that that reassures noble Lords that no religious organisations nor individual ministers will be compelled to conduct same-sex marriages or opposite-sex civil partnerships in Northern Ireland against their will.

[Lord McCrea of Magherafelt and Cookstown]

I notice that Amendment 11 often states that the Secretary of State “must” do something, but new subsection (6) states:

“The Secretary of State may, by regulations, make any provision that the Secretary of State considers appropriate in order to protect the ability to act in accordance with religious or other belief or opinion in relation to marriage or civil partnership”.


In the debate on Monday, I thought that the amendment of the noble Lord, Lord Hayward, was giving assent to or accepting something. This is certainly very far away from giving protection for those of religious belief.

[Lord Hayward]

During the debate on Monday I indicated my willingness and understanding and, I must say, determination to ensure that the protection in Northern Ireland was as it was in England and Wales. In fact, I checked my comments in Hansard earlier today; I could refer to the column but I will not do so. I checked with the lawyers and pressed them very hard—they have been enormously helpful—because I gave that commitment to the noble Lord and his colleagues on Monday. I am clear in my own mind, following serious and quite lengthy discussions, that the amendment as drafted will cover the protection to which I referred on Monday and broadly achieves the protections. I say “broadly” because of the difference between Northern Ireland and England and Wales in terms of certain practices. Because I gave that assurance to the noble Lords, I have checked it out and I am told that the protections, which I know noble Lords were seeking, are there. That is why I do not think the manuscript amendments that they have tabled are necessary.

I am sorry that this is a lengthy explanation, but this is quite complex and it is important that the House understands the objective of each of the individual subsections on the Amendment Paper.

Subsection (7) enables the regulations to provide for fees to be payable; for example, for registering civil partnerships and converting marriages to civil partnerships. It also enables the regulations to amend, repeal or revoke primary legislation, including consequential amendments to legislation made by the Scottish Parliament and the National Assembly for Wales. This is to allow the Secretary of State to make the necessary consequential changes to all relevant legislation, some of which may be cross-jurisdictional.

Subsection (8) ensures that the regulations can also provide for those who are eligible to enter a same-sex marriage or opposite-sex civil partnership in Northern Ireland to do so in a British consulate or on an overseas British Armed Forces base.

Amendment 15 introduces a new clause after current Clause 9. It provides that regulations made under Clause 8 are to be made by statutory instrument and subject to the negative resolution procedure. I appreciate that it is highly unusual for powers such as these to be subject to anything less than the affirmative resolution procedure and I note the concerns of the Delegated Powers and Regulatory Reform Committee, expressed in its 59th report of the Session. The other place, in accepting Conor McGinn’s amendments, strongly endorsed his approach to extending same-sex marriage to Northern Ireland, including use of the negative resolution procedure. I hope that our amendments have given noble Lords a clearer indication of how the regulation-making power will be used.

Finally, Amendment 22 makes consequential changes to the commencement provision in Clause 10. It replaces current subsection (2) and clarifies that Clause 8 will come into force on 22 October unless the Northern Ireland Executive are formed on or before 21 October, in which case Clause 8 will not come into force and it will be for the Executive to take forward these measures. That is to prevent the Secretary of State and a reformed Executive both having a power to introduce same-sex marriage and opposite-sex civil partnerships in Northern Ireland.

I started by saying that the world is changing. The Marriage (Same Sex Couples) Act in this country faced substantial opposition. A few years on, it is now accepted as a part of life: there is no question about that. I then referred to how society was changing in Northern Ireland and I referred to my club tie. We are not allowed to refer to what is seen or heard outside the Chamber, but some Members of the House may notice that there is a similar tie within vision. It is worn by a product of Rainey Endowed School, a school that both noble Lords, Lord Browne and Lord McCrea, will recognise. It identifies someone who is another member of my club, who in their community would benefit from the changes that I propose this evening. I beg to move.

Northern Ireland (Executive Formation) Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Lord Hayward

2nd reading (Hansard): House of Lords
Wednesday 10th July 2019 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, it is a privilege and I am humbled to follow the amazing speech of the noble Baroness, Lady O’Loan. I certainly concur with many of her remarks.

From the outset, let me state that my party, my noble friends in this House and I genuinely want to see devolution restored, but what happened yesterday has made that practically impossible. In a few weeks, a new Prime Minister will be announced and Parliament will rise for the Summer Recess. I therefore accepted the very short Bill being proposed; indeed, it is only a few clauses long. It would simply extend two dates and was worthy of support from across the House. That extension period was to extend the time for the devolved Government to be restored by two months, to 21 October, with provisions for a further extension to 13 January next year.

However, it is right to ask why the devolved Administration in Stormont is not functioning. Sinn Féin stated that it brought down the Executive at Stormont because of the RHI situation, but we now know that that was only an opportune smokescreen; the Deputy First Minister was seriously ill at that time so it made a political decision to take advantage of the situation for narrow electoral purposes. Indeed, as far as Sinn Féin is concerned, RHI is no longer an impediment to the restoration of Stormont, even though we do not have the report. Rather, legislation on the Irish language, same-sex marriage and abortion have taken the stage and are Sinn Féin’s red-line demands. We all know that, over the years, Sinn Féin has had an insatiable lust and desire for demands and concessions because, in the past, successive Governments have yielded to republicanism under the threat of the bomb and the bullet. Sadly, neither the Government nor the Opposition have had the guts to call out Sinn Féin over its intransigence. Instead, they have endeavoured to spread the blame across all parties—as we have heard from Members of your Lordships’ House today—even though other parties, including the DUP, were willing to enter the Executive to deal with the pressing issues of health, education, jobs, investment and infrastructure.

Then, of course, there are the many issues surrounding Brexit and its implications for Northern Ireland. Rather than condemning the activity and intransigence of Sinn Féin, Westminster continues to fill its coffers with finances running into tens of thousands of pounds even though Sinn Féin never appears in the other House to represent its constituents. I live in a constituency where there has been no effective representation since 1997 because the absentee MP has not attended Parliament; this is of course overlooked. What has the other House done in return? Yesterday, it delivered Sinn Féin’s demands without its MPs ever attending. So, they do not need to attend because they can be sure that their demands and red lines will be delivered for them, as they have been and continue to be. It is totally unfair and unacceptable that, for two and a half years, the people of Northern Ireland have been left without decisions being made by their elected representatives or by Westminster on the issues that have an impact on their daily lives, such as childcare, special educational demands, the needs of the elderly, youth services, poverty, the lack of social housing or the long list of patients waiting for hospital appointments—basic services that ought to be delivered. I appreciate that making hard decisions on many of these issues is never easy but that is what political leadership is supposed to be all about. That is what politicians are expected to do.

I have listened to some of the comments made today. I know that the Minister said that the reason for the Bill was so that “good governance” in Northern Ireland can continue. There is no good governance in Northern Ireland. My noble friends have mentioned a list of issues that are waiting to be dealt with but the Secretary of State will not take any measures to allow the other House and this House to make progress and allow civil servants to carry on making the major decisions that have an impact on their lives. Indeed, they are not only impacting on their lives—some of those decisions are causing their deaths, because they are waiting for operations they cannot get because no action is able to be taken on some of these issues. People are allowed to die because of that inactivity.

I listened to the noble Lord, Lord Dubs, who said that there is an enormous democratic deficit. I wholeheartedly agree, but is he suggesting that what happened in the other place yesterday has helped us remove that enormous democratic deficit? I say the very opposite has happened, and the price will be paid because of that. I know that the noble Lord, Lord Trimble, who is not with us at present, suggested that it is not the Government’s fault that many of the issues raised by the noble Lord, Lord Morrow, have not been dealt with, but I say to the Government that action needs to be taken. So many of the issues impacting on our community are moved forward, but the Secretary of State has been unwilling to do anything to move them forward. Waiting for devolution—that is the excuse.

I was astounded that the noble Lord, Lord Empey, suggested that Sinn Féin be excused for bringing down the Executive. He talks about issues that were not being discussed. His party—that is, what is left of it in the Province—is at the table. If they are not being discussed, why not? Those issues ought to be on the table. I genuinely feel that the excuse given is once again not only Sinn Féin, but that Sinn Féin has to be equalled with the Democratic Unionist Party. I am fed up listening to that. The Democratic Unionist Party is willing to go into Stormont, form the Executive and take these issues forward. It is one party alone, but no one is willing to call it out because it does not suit the political intelligentsia to do so. Whether it is this House or others failing in their duty to call it out, it is about time it was called out.

I listened with interest to the noble Lord, Lord Bew, and I certainly agree with many of the things he said, but I say to him that to advise the Government to give Sinn Féin the Irish language Act—the last red line it has talked about—is, in actual fact, to put your two fingers in the eyes of the unionist community and poke their eyes out completely. It is not simply a language Act; Sinn Féin has weaponised it as something greater, and therefore that boil has to be lanced if we are to move forward on this.

I have listened with care to what Members are saying in this place. Indeed, the Northern Ireland committee in the other place identified numerous issues left in abeyance without decisions being made, even though some have to do with the greatest basic civil and human right: the right to life. The Secretary of State claimed that the Bill, as originally presented, was essential to give time for the talks process to continue and hopefully conclude with success. However, I suggest that those in the other House who yesterday hijacked the Northern Ireland (Executive Formation) Bill have placed a major obstacle in the pathway to success.

Anyone who cared about or followed the volatile situation in the Province would have known that Sinn Féin had put down the red lines for negotiations—namely, as I have said, same-sex marriage, abortion rights and the Irish language Act. The two matters voted through the House of Commons yesterday and now presented to your Lordships’ House deal with two major, contentious social issues. Same-sex marriage and abortion were the prerogative of the Northern Ireland Assembly and ought to have been left to any devolved Administration to decide, but those in the other place who deliberately piggybacked on a simple piece of Northern Ireland legislation did so not caring for the long-term consequences for the Province. Yes, it is true, as we have been told, that it was passed by large majorities— 383 votes to 73 and 332 to 99—but those who attended the debate will know that the House was empty for most of the occasion until the votes were called.

The people were not moved in the way they voted by the power of the speeches or the eloquence of the debate: rather, it was by their own reasoning or, indeed, perhaps prejudice, irrespective of the consequences. I know that many in the other place—and I was there for 25 years—went home last night believing, “That’s that over, a job well done”. I cannot fully express the horror and shock felt by members of the community in Northern Ireland when they heard the news last evening. No one had any knowledge that a piece of legislation regarding the simple extension of dates to permit the possibility of political progress in Northern Ireland would produce such major social change for the community, without reference to them in any shape or form. The community is disgusted that it has been treated with utter contempt and has been deliberately punished for the failure of Sinn Féin to allow political progress, and the Secretary of State’s unwillingness to bring forward urgent legislation to permit decisions to be taken.

I appreciate that we are living in uncertain times, and it seems that individual representatives in the other place are seeking to stop the desired will of the majority, expressed in the referendum on Brexit, even if it means bringing down their own Government. However, those who use this legislation to command and force major social change on the whole of Northern Ireland have little or no respect for the community. Had they proposed that a report be brought forward on these issues, after appropriate and detailed consultation with the Northern Ireland community, one could have understood—but they went for the overkill.

Reflecting on the recent debate on same-sex marriage, I remember being told—and the noble Lord, Lord Hayward, is here—that another way would be found to bring this legislation in. So in my heart I believe that much of this has been choreographed, and the Government are happy to comply. I ask the Minister a simple question: were any Northern Ireland officials assisting in the drafting of the clauses that were presented to Parliament? Conor McGinn, who moved the same-sex clause, said that the DUP should see it as “an incentive” to get Stormont restored, so that this part of the legislation never comes into effect. One might ask: how naive can some politicians be?

[Lord Hayward]

The noble Lord asked a question directed effectively at myself and in relation to Conor McGinn as well, although he put the question to the Minister. Perhaps I may clarify one specific matter that he referred to. At no stage have I, and almost certainly not Conor McGinn either, had discussions with any government department or any Minister to conspire to introduce such a clause.

[Lord McCrea of Magherafelt and Cookstown]

I acknowledge the noble Lord’s response, but Conor McGinn did make a statement, and it is a naive statement. What incentive is there for Sinn Féin to allow the Executive and the Assembly to be restored before 21 October? It made these two red lines, and its comrades in Westminster have produced the goods. Why would it want, and allow, Stormont to return, to possibly see one or both of these pieces of legislation fail? It is clear that the incentive is not in the hands of the DUP but has been handed by Parliament to Sinn Féin to block progress, to keep the process going until after 21 October, and, in the meantime, to try to get unionists to give Sinn Féin its final demand, the Irish language Act.

This legislation has driven a coach and horses through the principle of devolution and overrides it. It is a major step towards the end of power sharing for a long period of time. What do we need devolved government for, when all Sinn Féin has to do when it is not getting its way is to appeal to its friends in Westminster, who will capitulate to republican demands as usual? One might say, “What is new?”—for that has been done for so many years. No unionist could contemplate agreeing to Sinn Féin’s final demand, or it will be viewed as lying down and letting republicanism walk all over you. For those who suggest that we should tack on some little crumb for the Ulster Scots, I say, “Please don’t insult me”.

Unionist representatives, through this legislation, are being blackmailed. They are being held to ransom by those who suggest that we should capitulate and let republicans have their final demand, and maybe Sinn Féin will allow the Executive and the Assembly to get back before 21 October. This, in my opinion, is a dark day for our Province. The issue of same-sex marriage has been brought forward without consultation or consideration of how to protect those who disagree. At least when the redefinition of marriage took place in the rest of the UK, it was done after a period of consultation and consideration.

I do not think it is possible to overstate the significance of the damage done by the other place. The complete lack of understanding shown by Members there for Northern Ireland is astounding. Rather than feeling valued members of the union today, many feel that they have been held beneath contempt. In all my years in Parliament, I have never witnessed anything like this.

I have been contacted by many people from Northern Ireland who are not only concerned about other issues but deeply grieved about the manner in which the other place treated Northern Ireland yesterday. It would be interesting to know in which other jurisdictions in the world such a major change—for example, in abortion law—has been made in this way, without warning or prior consultation with the people. As has been said, a ComRes poll suggested that 64% of people in Northern Ireland oppose Westminster trying to change the law, with 66% of women and 72% of 18 to 32 year-olds being against it—yet it is being forced on Northern Ireland. Is that democracy? It is enough to make one weep. To add insult to injury, this monumental change has been introduced with total disregard for Northern Ireland.

Just a few days ago I remember preaching a sermon—