Divorce, Dissolution and Separation Bill [HL]

Debate between Lord McCrea of Magherafelt and Cookstown and Lord Mackay of Clashfern

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 3rd March 2020 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, the unfortunate thing about that is that it is the application: once you have applied, you have carried out the intent. It is an application for a divorce, and the divorce procedure lays out what has to happen before the divorce is granted. When you apply, you are applying for a divorce. I cannot see any other possible way of proceeding. It does not seem to make sense to say, “I was thinking of applying—I was thinking of suing you—but I am still considering the matter.” If you want an order, you have to ask for it. That is essentially why I think this amendment has grammatical difficulties but also an enormous underlying theoretical difficulty.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I support the amendment moved by the noble Lord, Lord McColl, and the remarks of my noble friend Lord Morrow.

I have never been a judge to grant people a divorce, but I have been a minister for over 50 years, marrying people and endeavouring to keep families together. I am delighted that, over those years, people have come to me with the intention of divorce but made another decision on reflection. To this day, they are very happy families. After reflection, speaking to me and receiving advice, they were able to make another decision and heal the breach in the relationship.

The Government were elected on a promise to strengthen families and acknowledge that a strong society needs strong families. To the best of my knowledge, there was no mention in the manifesto of the no-fault divorce. I believe that time for reflection would be helpful. I would like this Committee and the Government to consider the amendment that the noble Lord, Lord McColl, has brought before us.

Northern Ireland (Executive Formation) Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Lord Mackay of Clashfern

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

[Lord Mackay of Clashfern]

My Lords, I also very much support that, as well as what the noble Lord, Lord Brennan, said. It is not so much a matter of particular legal qualification, but it is a fact that this is a very important aspect of how people feel about the legislation. As the noble Lord, Lord Brennan, said, it has worked well here, and I hope the noble Lord, Lord Hayward, will find it possible to overcome the difficulties of lawyers and do what is necessary to secure this.

I also believe it would be proper for this sort of regulation-making power to be subject to consultation in Northern Ireland. If, as we have just heard, the position is that people there wish for this, consultation will show that. It is extremely important that what is proposed has the merit of being supported by consultation in Northern Ireland itself.

[Lord McCrea of Magherafelt and Cookstown]

My Lords, I have no doubt whatever of the sincerity of the noble Lord, Lord Hayward, or of anyone else who has spoken in support of his amendment. I trust he will acknowledge that there is no lack of sincerity among those who speak on behalf of the amendment tabled by my noble friend Lord Morrow. He said that the world is changing. A number of Members of your Lordships’ House have had a religious vocation in life. When it comes to my religious belief, while we say that the world is changing, the word of God on which I base my belief says that although,

“Heaven and earth will pass away … my words will never pass away”.


It does not change with the passing of time.

The point that my noble friend Lord Morrow has brought before the House is very serious. I see the clear wording in the amendment of the noble Lord, Lord Hayward, and I come back again to the word “may”. When I was in public life, as a councillor for 37 and a half years, and as an elected representative in the other House for 25 years, a lot of emphasis was placed on putting “shall” and “must” into legislation. When “may” was put in, it was drawn to the attention of the governing party in those years that this did not create certainty. The amendment says that the Secretary of State “may” make a provision that the Secretary of State considers “appropriate”; in other words, “may” at the whim of the Secretary of State. If the Secretary of State, irrespective of who it is, decides not to give that protection, there is no protection, according to this legislation, should it be passed by your Lordships’ House this evening.

That is a very serious matter with serious implications because it gives the idea that this is discretionary, not mandatory. I therefore honestly have to say that many of my colleagues would have no confidence in the manner in which this has been presented at this time. I have listened carefully to what other Members of this House have said and I believe they acknowledge that there is a problem here. Acknowledging the problem is one thing, but if it goes into legislation and the wording is not changed, that is what we are left with. Then, of course, it goes to a court. What did Members of the other House really mean when they put down the word “may”? Did they simply leave it to the discretion of the Secretary of State or did they say that it went deeper than that?

Protecting religious freedom and religious belief in the United Kingdom is vital. We cannot lose our religious freedom, our civil and religious liberty, which was fought for and which people died for. I do not believe we should hand it away. Therefore, I make a solemn appeal to Members of your Lordships’ House. Forget about who tabled the amendment; forget that it is my noble friend Lord Morrow. Think carefully about what it means. I appeal to the House to accept that what he says is a protection that must be given to people of religious belief in Northern Ireland.