Northern Ireland (Executive Formation) Bill

Lord Morrow Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 15th July 2019 Lords Chamber

Moved by

[Lord Morrow]

17: Clause 8, page 5, line 35, at end insert—
“(1A) Any regulations under this section must include provision—(a) prohibiting any person or religious body being compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—(i) conduct a same-sex marriage,(ii) be present at, carry out, or otherwise participate in, a same-sex marriage,(iii) consent to a same-sex marriage being conducted, or(iv) permit premises to be used for a same-sex marriage ceremony,if the marriage is to be solemnised according to the rites of a religion;(b) prohibiting discrimination claims against a person or religious body for refusing to do anything listed within paragraph (a);(c) prohibiting discrimination claims in relation to employment for the purposes of an organised religion where a person refuses to employ or otherwise appoint a person married to a person of the same sex;(d) protecting freedom for discussion or criticism of marriage which concerns the sex of the parties to marriage, including urging persons to refrain from marrying a person of the same sex; (e) requiring the Secretary of State to issue statutory guidance supporting freedom of expression and freedom of conscience in educational institutions in relation to beliefs about the definition of marriage.(1B) Provision made under subsection (1A) shall provide no less protection for freedom of expression and freedom of religion than applies in England and Wales.”

[Lord Morrow (DUP)]

My Lords, the main purpose of this amendment,

“prohibiting discrimination claims against a person or religious body for refusing to do anything listed within paragraph (a)”,

is simply to ensure that there will be no fewer safeguards for free speech and religious liberty in Northern Ireland after same-sex marriage is introduced than there are here in England and Wales. I genuinely fear, and I believe it is a reasonable fear, that Northern Ireland will be poorly served in the protections given unless we make this amendment.

The extension of marriage in England and Wales was done by primary legislation, after many hours of debate in this House and the other place. For Northern Ireland, it will be done through regulations, which are not designed for highly controversial, sensitive and divisive subjects of this kind. They do not receive the level of scrutiny that this issue should. As all noble Lords know, there is no opportunity to amend regulations. Therefore, the regulations must contain adequate protections from the start. There was a public consultation on this issue in England and Wales before the legislation was even introduced. That consultation process raised areas of concern, such as religious liberty. These could then be given safeguards in the legislation and included in the scrutiny received in Parliament.

It seems that there will be no consultation before the Secretary of State is required to exercise this power. There is no time. There has never been a consultation on this issue in Northern Ireland, so the people of Northern Ireland are already being poorly treated.

Those of us who were part of the debate during the passage of the Marriage (Same Sex Couples) Act several years ago will remember the quadruple locks. Not all the quadruple locks will need to apply to Northern Ireland, but it will be vital that the necessary protections for religious liberty are in place. As things stand, there is nothing in Clause 8 to secure those protections, which must be integral to any introduction of same-sex marriage to Northern Ireland.

My amendment would require the Secretary of State’s regulations to include provision in certain key areas, but it is by no means comprehensive. The rushed nature of this process has made it impossible to think through the full implications, but these are areas that stand out.

There is particular concern about access to publicly owned facilities. There are churches in Northern Ireland, as here, that meet in council-run community centres or schools. Christian groups in Northern Ireland run events for children on premises owned by the public sector. The concern is that a council might, for example, make access to such facilities conditional on the church or religious body being willing to conduct same-sex marriages. Such stipulation must be explicitly ruled out. This is the focus of proposed new paragraph (a). This safeguard exists under the law in England and Wales. The language in the amendment of “compelled by any means” is taken directly from the 2013 Act. I simply want to ensure that Northern Ireland has the same level of protection.

Proposed new paragraphs (b) and (c), relating to discrimination law, are also designed to ensure that Northern Ireland matches England and Wales—and, indeed, Scotland. When same-sex marriage laws were introduced in the rest of the United Kingdom, a series of amendments was made to the Equality Act 2010. They protect religious organisations from discrimination claims for declining to participate in same-sex marriages, for declining to allow their premises to be used for same-sex marriage ceremonies and for not employing a person married to a member of the same sex. Similar protections must be written into the relevant Northern Ireland discrimination statutes. Without them, churches could be sued simply for requiring that their employees live in accordance with the doctrine of the church on sexual ethics. For example, I believe that the Church of England diocese of Southwell and Nottingham relied on just such a provision in the Pemberton case.

Also, when the 2013 Act was introduced, the Public Order Act 1986 was amended to ensure that criticism of same-sex marriage did not in itself amount to hate speech. Proposed new paragraph (d) requires such changes as are necessary to Northern Ireland law, including public order legislation, to protect the freedom to disagree. This is the core of any democracy. The introduction of same-sex marriage does not mean that everybody has to agree with it or that only one view may be expressed in the public square.

Finally, proposed new paragraph (e) deals with education. Following the introduction of the 2013 Act, the Government made it clear that teachers had the right to express their own beliefs on marriage. A fact sheet from the time said that,

“teachers have the clear right to express their own beliefs, or those of their faith, about marriage of same sex couples as long as it is done in an appropriate and balanced way”.

Guidance in 2014 from the DfE on the Equality Act 2010 said:

“No school, or individual teacher, is under a duty to support, promote or endorse marriage of same sex couples”.


There was also guidance from the Equality and Human Rights Commission repeating that assurance and adding:

“Governors, teachers and non-teaching staff in schools, parents and pupils, are free to hold their own religious or philosophical beliefs about marriage of same sex couples”.


The many people involved in education in Northern Ireland who hold to traditional views on marriage would appreciate similar reassurance and guidance. I beg to move.

--- Later in debate ---

[Lord Duncan of Springbank]

My Lords, this has been a thought-provoking discussion. I am often guided by my own beliefs and I recognise Ecclesiastes chapter 4, verses 9 to 10:

“Two are better than one … for if they fall, one will lift up the other”.


I am heartened by the remarks of the noble Lord, Lord Hayward, because I do not doubt that he will be working closely with Conor McGinn from the other place to ensure that what comes to this House carries with it the exact protections and care that we have seen in England and Wales and in Scotland. There are elements which need to be recognised in terms of the wider question of freedom of religion and freedom of expression, and I hope to see those protections coming through in an emerging amendment. As I said, the amendment from the other place has certain deficiencies and we hope to see those improved through the work which I do not doubt the noble Lord, Lord Hayward, among others, will help move forward.

It is important, again, that we balance rights, obligations and protections throughout, not least in schools, and we must make sure that we are teaching the reality of what is going on. We need to make sure that pupils understand the wider question of relationships before they ever engage in sex education. I draw a distinction between relationships and sexual elements; I think they need to be seen in that context. It is important to remember that these issues have been addressed previously in different parts of the United Kingdom. These are not new issues. The concerns of particular bodies are not new and on each occasion I believe that the different authorities, whether in Scotland or in England and Wales, have learned from the challenges and have ensured that the protections which they have put together are adequate to address the concerns raised by noble Lords.

I appreciate the concerns which noble Lords have expressed. They are right to recognise that there is throughout Northern Ireland and elsewhere a particular constituency which sees the faith-based approach to marriage as an integral part of it. I do not doubt the validity of that or the importance of recognising why that must be accepted and trusted, but at the same time the wider context needs to be considered. I hope the amendment we see coming forward addresses these issues. On that basis, we hope that this amendment can be withdrawn. My final point is: congratulations to the noble Baroness, Lady Barker.

[Lord Morrow]

My Lords, I have listened carefully to what has been said in response to this debate and sometimes I end up more confused, but that is maybe more to do with me than anyone else. I take some comfort from the fact that the noble Lord, Lord Hayward, has grasped exactly what we are trying to do here, and I will be watching the progress of this with deep interest. Maybe on this occasion I can look more to the noble Lord, Lord Hayward, for some protection because he has not tried to throw in other issues that are not there.

Amendment 17 withdrawn.

--- Later in debate ---

[Lord Morrow]

My Lords, I have prepared a speech but I do not intend to make it. It is a pleasure, in a strange way, to follow the noble Lord, Lord Shinkwin, this evening. I heartily congratulate him because we know that what he says comes from the heart. His words have a ring of reality about them, of which this House should take note. I also congratulate the noble Baroness, Lady O’Loan, on her excellent contribution and on moving the amendment. While I am on my feet, I should say that the name of my noble friend Lord Hay of Ballyore is attached to the amendment, but for unavoidable reasons he cannot be here today. He regrets that immensely. I want to put on the record our total and absolute support for what has been said and I, too, commend the amendment to the Committee.

[Baroness Barker]

My Lords, lest people watching this debate take from it a one-sided view, I want to say that in 2018 an international poll was taken in Northern Ireland which showed that 68% of the respondents did not believe that people should be criminalised for having an abortion and that, if necessary, action should be taken in Westminster to make sure that that happens. The Northern Ireland Life and Times Survey also showed that 89% of people in Northern Ireland believe that no one should go to prison for having had an abortion. It is a poll run by, among others, Queen’s University, Belfast. I know that the noble Baroness, Lady O’Loan, relies on the ComRes polls; people on her side of the argument always do. However, they are not the objective views that she might lead noble Lords to believe.

I have to say that, coming at this stage, the proposals in her amendment suggest that these matters can effectively be blocked by Members of the Assembly. That is what the power in her amendment would do.

--- Later in debate ---

Moved by

[Lord Morrow]

24: After Clause 9, insert the following new Clause—
“Definition of Victim
(1) The Secretary of State must make regulations to change the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (S.I. 2006/2953 (N.I. 17)) to apply only to a person who is injured or affected wholly by the actions of another person.(2) Regulations under this section must be in force no later than 21 October 2019, subject to subsections (3) and (4).(3) A statutory instrument containing regulations under subsection (1)—(a) must be laid before both Houses of Parliament;(b) is subject to annulment in pursuance of a resolution of either House of Parliament.(4) If a Northern Ireland Executive is formed before the regulations under this section come into force, any regulations made under this section and any extant obligations arising under subsection (1) shall cease to have effect.”

[Lord Morrow]

My Lords, I intend to be brief on this because I will keep before me what has been said in the debate on the amendment of the noble Lord, Lord Hain. I recognise that much of what was said compares with what I hope to say.

The definition of a victim has been a matter of great angst in Northern Ireland since its inception. Consideration of government proposals in the past has been coloured by the dissatisfaction people feel over an unfair definition of a victim. This has been a running sore for some 13 years. We have met many individual victims and several groups representing victims’ organisations. The victim definition is repeatedly raised with us as their key issue.

We consider the 2006 definition of a victim and survivor to be unacceptable, unfair and downright insulting. In our view, there is a clear distinction in law between a terrorist perpetrator and their innocent victim. To equate the two is morally wrong and totally indefensible. We have previously tabled legislative proposals to change the definition of a victim, but to no avail at this stage. We believe the Government should bring forward plans now to change the definition of a victim so that there is a clear distinction between perpetrators and victims. In any civilised society, it cannot be right that victims and perpetrators are treated as equals. We believe that this could improve the existing climate and context regarding consideration of the past and legacy proposals.

The Secretary of State wrote in the foreword of the legacy consultation document:

“A Conservative Government will reject any attempts to rewrite the history of the past that seeks to justify or legitimise republican or loyalist terrorism or which seeks to displace responsibility from the people who perpetrated acts of terrorism”.


A perpetrator of an unlawful act cannot at the same time be a victim of the act they have perpetrated. Someone who pulled a trigger or planted a bomb should not be treated in the same manner as their innocent victims. This matter is fundamental to victims’ views. In our engagement with a number of victims’ organisations, we have been struck by extremely powerful testimony illustrating the depth and rawness of hurt and insult they feel at their loved ones being placed in the same category as terrorist perpetrators.

The DUP has a proud record on victims and legacy issues. In government, we quadrupled funding for victims. We have stood against a rewriting of our history and efforts to introduce an amnesty. Current arrangements for dealing with the past are utterly unacceptable. There is a clear imbalance, and continuation of the status quo will lead to further rewriting of the narrative of the Troubles. Innocent victims are not seeing progress on investigations into the murder of their loved ones. I beg to move.

[Lord Empey]

My Lords, I think the exchanges during the debate on the amendment of the noble Lord, Lord Hain, have the seeds of a solution within them. I would be supportive of that. He made the distinction between the provision of services and pensions for people who have been victims, so we understand that there is an issue there, but the whole question of legacy is still unresolved. There are still proposals out there, including the historical inquiries unit and other ideas that have been brought forward, which could threaten and help to rewrite the history, as has been referred to. But I believe from the exchange we had earlier that we are close to a form of words to find an acceptable solution to all of this that everybody can be comfortable with and move forward on. I certainly hope that that can be achieved.

--- Later in debate ---

[Lord Duncan of Springbank]

My Lords, I appreciate that the definition of a victim has bedevilled a number of people over a great number of years. I read with great interest the Eames-Bradley report, of which the noble and right reverend Lord is one author, Applying appropriate caveats to our earlier discussion with the noble Lord, Lord Hain, regarding the victims’ pension, there are distinctions. None the less, if indeed, as the noble Lord, Lord Empey, has said, these could perhaps be the seeds of a particular solution, we may be closer to a definition than has been the case for some time.

The Government have already accepted a reporting requirement to publish a report on or before 4 September 2019 on whether the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 should be revised to apply only to a person who is injured or affected wholly through the actions of another person. In addition, my honourable friend the Minister of State John Penrose committed in the Commons that Her Majesty’s Government recognise that the definition of a victim is something that a number of honourable and right honourable Members have campaigned on for a number of years, and commit to looking UK-wide at how we can make sure that victims are duly protected. That is a step in the right direction. We are closer than we have been before. Of course, there is still some way to go. I recognise that historically there have been challenges, which I noted earlier, and I am aware that the parties in Northern Ireland themselves have not always reached consensus on this particular approach. If we are indeed closer, I hope that we can make some progress and on that basis I hope that the noble Lord will feel able to withdraw his amendment.

[Lord Morrow]

My Lords, when I introduced my amendment, I said that I would keep before me what was said during the earlier debate on the amendment of the noble Lord, Lord Hain. Having listened to what has been said, I will not press the amendment tonight. Rather, we will watch progress on this matter. But the Government should take note that this matter has to be dealt with. It will not go away. I beg leave to withdraw the amendment.

Amendment 24 withdrawn.

Northern Ireland (Executive Formation) Bill

Lord Morrow Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[Baroness Smith of Basildon]

My Lords, perhaps the noble Lord, Lord Morrow, might like to speak, because his clause stand part debate is grouped with these amendments.

[Lord Morrow (DUP)]

Yes, I wish to speak to Amendment 20, which is part of the first grouping. I understand that the groupings are not binding. If the noble Baroness is suggesting that I make my speech now, I will take the opportunity. I am quite content to do so and thank her very much.

We hear much about the Northern Ireland Assembly deciding this by a majority of one, but we do not hear much about when the Northern Ireland Assembly decided by a very comfortable majority that there should be no change in the abortion laws in Northern Ireland. If it is important how the Assembly voted on same-sex marriage, is it not also important how it votes on every other issue, namely abortion? There were strong feelings expressed here on Wednesday about the manner in which the other place amended a Bill which was intended to change the date by which an election in Northern Ireland has to be called and made into a Bill that brings in sweeping reforms relating to abortion.

We know that abortion is a devolved matter; we know that the clerks in the other place had advised that the amendments were out of scope; we know that this Bill was subject to a fast-track procedure—making it wholly inappropriate to deal with such a matter as abortion; we know that in 2016 the Northern Ireland Assembly voted by a clear majority not to change the law in any way, and we know that a ComRes poll shows that 64% of the people of Northern Ireland oppose Westminster legislation for Northern Ireland on this matter, rising to 66% of women and 72% of 18 to 32 year-olds. We also know‘ that all the main denominations in Northern Ireland oppose any change in the law—the Presbyterian Church, which is the largest denomination, the Roman Catholic Church, the Methodist Church, and the Church of Ireland—as do all the minor denominations which, added together, would make one major denomination, probably the third largest Protestant denomination in Northern Ireland.

However, these things do not seem to be important. The Commons saw fit none the less to impose Clause 9 on this Bill. It has to be said, of course, that 100% of Northern Ireland MPs who take their seats voted against the provision. Quite apart from the substance of the issue, as a matter of procedural fair play it is hard to imagine a better expression of being treated beneath contempt. To really appreciate the significance of this, we must turn to the substance of the issue and recognise that abortion is a far more sensitive issue in Northern Ireland than in any other part of the United Kingdom; others have alluded to this. We must recognise that many people in Northern Ireland are very attached to our abortion laws; I might add that they are the most up to date of any region of the United Kingdom.

The Both Lives Matter report, which shows that 100,000 people are alive in Northern Ireland today who would otherwise not be, is hugely important. I realise that the Government have not created this problem. Their response, however, has the capacity to make things better or infinitely worse. The Minister suggested last week that there were some difficulties with Clause 9, but rather than acting as he should to moderate their effect, my reading of what he said was that the Government were interested in helping to rescue the provisions and possibly create a new power not based on Section 26. That would be wholly wrong because the amendment in another place that sought to create a new power—that is, new Clause 5—was not selected for debate and because the Government cannot introduce new offences without contradicting the Sewel convention. I am a wee bit disturbed today that there has been very little mention of respect for the Sewel convention.

[Baroness Hussein-Ece (LD)]

When the noble Lord speaks of the abortion laws as being up to date, does he think that the criminalisation of women who seek an abortion—there are outstanding cases and women who go to prison for seeking or having an abortion—is compatible with the rest of the United Kingdom? Does the think that is compatible with natural justice and human rights? The woman mentioned last week—I believe by the noble Lord, Lord Trimble—whose 14 year-old daughter, a child, was raped by numerous men and bought an abortion pill online is currently facing a trial, in November, and possible imprisonment. Does he think that is a good way of conducting the law of the land? Is it progressive and liberal? Is it acceptable to the people of Northern Ireland?

[Lord Morrow]

When I say these laws are the most up to date I am speaking of the fact that the Northern Ireland Assembly, in a cross-community vote, voted for them. I was a Member of the Assembly at that time, as were both my colleagues. We do not come to this with an ignorant view or without an understanding view. We understand—but is it of any concern to this House that 100,000 children are alive today because of our legislation? Members may turn their heads, look the other way and ask, “What is that to us?”. Maybe it is nothing to them, but it is a lot to the people of Northern Ireland. I sincerely implore your Lordships’ House to take cognisance of that.

Northern Ireland (Executive Formation) Bill

Lord Morrow Excerpts

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

[Lord Morrow (DUP)]

My Lords, at the outset I too pay my respects and condolences on the death of Sir Anthony Hart; I do so on behalf of my colleagues and my party. He was a man of integrity; we regret his passing and pass our condolences to his family.

We should be debating a very simple Bill today—but not any more. This was not a Bill about policy; it was supposed to be an administrative Bill. Its original scope was very narrow; it just extended the period for forming an Executive. I regret deeply that the period requires extending, and my party strongly believes that devolution is the way forward. We believe that it serves Northern Ireland well and that the people of Northern Ireland should make these decisions. Extending the period was all the Bill was about, as the Minister in the other place said. I listened carefully to what the Minister said and was struck by the words he used. He said the Bill was intended to give more time for the parties to find an agreement. Today I serve notice on this House, with no pleasure, that it will take a lot more time with this Bill in place. This effectively pushes devolution far down the road. As a matter of fact, none of us can see it happening. That is the regrettable result of what we are faced with today.

It is extremely difficult for me to convey the distress in Northern Ireland this morning following the changes made to this Bill on abortion and same-sex marriage in the other place yesterday. Even if you support changes in those two areas and are a fanatical fan of them, the manner in which many Members of the other place who do not represent Northern Ireland—I suspect many have never been there in their lives and have no plans ever to go there—took it upon themselves to try to change the law in these two areas is wholly, totally and utterly unacceptable. Whatever one thinks of these matters, they are colossal issues in Northern Ireland. Do not underestimate them or the impact that this will have.

If the Westminster Parliament wanted to change the law in these two areas, there should have been a three-month public consultation with the people of Northern Ireland on them, then time to analyse and reflect on responses. I was struck by the previous debate on public toilets. I see that it is to have a consultation period—but not this issue, which affects the people of Northern Ireland. No consultation: ram it right through; they are second-class citizens; it will do them all right. That is the attitude.

Instead, we find ourselves in a situation in which, this time last week, the people of Northern Ireland had no clue that there would be an attempt to change the law on these two highly sensitive devolved matters, or even that there was an appropriate legislative vehicle. The earliest anyone could have known was on Thursday morning, when the new Clauses 1 and 10 were published. However, both amendments fell outside the scope of the Bill. The British have until now adopted a rules-based approach to lawmaking, but that is now dead—discarded. It was clear that neither could be selected, yet at lunchtime yesterday both were selected within a few hours—and both were passed. All but one Northern Ireland MP voted against new Clause 1 and 100% of Northern Ireland MPs voted against new Clause 10, but it was steamrollered through. The message was: pay no regard to the voice from Northern Ireland.

Northern Ireland may not be some people’s favourite place, but even I have had my breath taken away by the total contempt with which we have been treated by so many Members of another place. This contempt is particularly pronounced in relation to abortion, on which the democratically elected Northern Ireland Assembly voted by a clear majority—with no ambiguity at all—not to change abortion law in any way as recently as 2016, on a cross-party basis. It was not one section of the community voting one way; it was right across the political and religious divide. I would not treat my enemies with such cavalier disregard. The Assembly voted decisively against any change by 59% to 40%. You may well say, and I suspect some are saying it to themselves, that Parliament is sovereign, and can do what it likes. That is right, but until now, just because Parliament could do something did not necessarily mean that it did it. All things might be lawful, but all things are not expedient.

There are rules and conventions that have, until this point, meant that the union has treated its constituent parts and people with a measure of respect, but not in this case. They evaporated in another place yesterday. The other place might have lost its sense of constitutional propriety and decency yesterday but, happily, Parliament contains another Chamber. I do not believe that we, in this House, can allow the Bill to pass in its current state. It will cause immense problems, and I do not exaggerate when I say that. The longer we take over this journey, the more every Member of this House will realise what I am saying and see the accuracy of it as the weeks, months and years pass by.

There are many things that need to be done in Northern Ireland, but these two were selected. While I am critical of the Bill, there are some good things in it, but that would not make me vote for it. This House has a duty to all the people of Northern Ireland to think carefully before it decides to go down this road. The Northern Ireland Assembly was going quite well at one stage but, alas, Sinn Féin decided, “We’ve had enough”, and that it was pulling out and going away. Then it learned that there was another way to get its demands: you stay out, demand, and the type of government we have in Northern Ireland—they insist that there must be a majority of the majority, and a majority of the minority, which decide whether things move or not—effectively have a lock on everything. When Sinn Féin pulled out, it laid down one definitive red line. It was pure nonsense, of course. It was the RHI: Sinn Féin said that we needed a public inquiry into the scandal of RHI. It got it. That report is now sitting and ready to be published, but then it said, “Wait a moment, there’s a few other things we need”. Then Sinn Féin got those, but said, “There’s a few other things we need”. Then, when it gets those, it will say, “There are other things we need here”.

We know how Sinn Féin works. We know how it boycotts everything until its demands are met. Noble Lords might feel that by passing the Bill they are doing Northern Ireland a great service, but let me very clear: this is a great disservice to the people of Northern Ireland. When I talk about the people, I am not talking about the unionists or the nationalists; I am talking about the people of Northern Ireland collectively. There are no issues more sensitive than these, and they are being forced on the people of Northern Ireland.

I was interested to hear the noble Lord, Lord Bruce, say that members of his party are campaigners for and believers in devolution. I was a Minister there for a while and I feel that devolution was doing a good job. It was not perfect—it had its imperfections and there were problems and difficulties—but in the main it was delivering. If you want to see devolution continue in Northern Ireland, as I do, this is just not the way to do it.

A recent ComRes poll in October 2018—not that long ago—showed that 64% of people in Northern Ireland do not think that Westminster should decide about abortion there. That figure rises to 66% of women and then rises further to 72% of 18 to 32 year- olds. Are they not worth listening to? Should they not be considered? I think they should, and it will do a grave disservice to the people of Northern Ireland if the Bill goes through.

I said that many things need to be done in Northern Ireland. If the Secretary of State wants to be constructive and take things forward there, that is fine—I understand it and we would applaud her for doing it, but she has decided not to do that. On 25 April 2017, an industrial strategy was introduced. However, no action was taken because there was no Executive or Minister to move it forward. There was a small business rates relief report on the 2016 consultation, but no further action was taken on that because there was no Minister or Secretary of State to take it forward. The annual cash flow of small businesses was disrupted due to no action in setting the regional rates, with no Minister and no Executive.

The apprenticeship levy consultation closed on 23 December 2016 but is still waiting for action. That is not important to the Government. Northern Ireland’s strategy on apprenticeships was not fully implemented before the Executive collapsed—it is sitting gathering dust. Better Regulation: An Action Plan for Reform has not been progressed. The gender pay gap reporting requirement, a power contained in the employment Act, is not moving forward. The licensing and registration of clubs and the entertainment licence legislation are not going anywhere. Action on building a prosperous and united community is not going anywhere, nor is the introduction of a minimum unit price for alcohol. The Hunter review on tourism is not moving, and the tourism strategy, tourism VAT and air passenger duty are not going anywhere either. Work on the Kilkeel Harbour development, and the York Street interchange, a massive infrastructure project needed to keep our city going, are not going anywhere.

Those are important issues but they are not for the Secretary of State or the Government. That is regrettable. If the Secretary of State and the Government, as well as the Lib Dems, are very keen on devolution, here is an opportunity to show it, but I suspect that they are not. Why do I say that? I do not say it out of rancour; I say it because experience has taught me different. This continual pandering to one element bent on holding up progress in Northern Ireland just has to stop. We will not make progress, and to pick the two most divisive issues in Northern Ireland and say, “This is the way to move things forward”, will prove a big disappointment for noble Lords. This will set things back immeasurably. We now have a situation where we cannot go anywhere because of what is happening.

Some might say, “If these two big issues, which were big red lines for Sinn Féin, were put out of the way, that would move things forward”. No—it means that we cannot move anything now until 21 October. What would entice Sinn Féin now to come into any discussions? Absolutely nothing—it cannot move. As the Minister said, there were difficulties, but I believe those difficulties could and would have been resolved. They will not be resolved now, because of the action of the Bill. I strongly exhort this House not to adopt the Bill, because it is not progress. It is a retrograde step and one that Parliament will regret. The people of Northern Ireland will be grossly upset and will fail to understand why these two issues take priority over our economy and every other issue.

Northern Ireland: Historical Institutional Abuse Inquiry

Lord Morrow Excerpts

Thursday 13th June 2019 Lords Chamber

[Lord Duncan of Springbank]

I would not wish to see these two elements entwined, because they are quite distinct. However, the issue to which my noble friend refers is very important. I have given an assurance before and repeat today that we must make progress on victims’ pensions. He has my word that we will take that forward as quickly as we possibly can.

[Lord Morrow (DUP)]

My Lords, I certainly agree with the Minister when he says that these are two separate, different issues, which are both extremely important. From his reply to the noble Lord, Lord Empey, do I take it that the settled position of the Government is that, since all the obstacles are out of the way and all the political parties are on board, they will now take the necessary action, bearing in mind that some of the institutions have a big role to play here and must not be allowed to get away scot free? I urge the Government to give a clear, unambiguous, unequivocal reply that they will take this issue forward and that this is their settled position, irrespective of what is happening in Northern Ireland and since all the political parties in Northern Ireland agree that it should be taken forward.

[Lord Duncan of Springbank]

I can give the noble Lord that assurance. We will do just that.

Northern Ireland (Extension of Period for Executive Formation) Regulations 2019

Lord Morrow Excerpts

Wednesday 10th April 2019 Lords Chamber

[Lord Lexden (Con)]

My Lords, I must apologise for not being here at the start of the debate, other business having moved on so quickly. I shall be very brief. Our debate has made clear that signs of encouragement are hard to find at the moment. The Secretary of State herself made the lack of any serious current activity absolutely plain when, on 21 March, she was forced by the Opposition in another place to make a Statement about this order, which was brought forward with unseemly haste, I think. Ms Bradley said:

“I intend to spend the next few weeks working with them”—


she was referring to the local parties in Northern Ireland—

“on actions that can be taken so that, when we are able to start a formal talks process, we are able to do so in a way that gives us the best chance of success”.—[Official Report, Commons, 21/3/19; col. 1229.]

Our fellow countrymen and women in Ulster have had to endure the absence of democratic control over their vital public services—education, health, social welfare—for two and a quarter years. What does the Secretary of State tell them as these services continue to deteriorate? That she hopes to start a formal talks process at some unspecified point after preliminary discussions with Ulster’s five main parties. Have we not been here many times before since January 2017?

Our recent debates on Northern Ireland have shown wide agreement across this House on two points above all. They have been mentioned in this debate in particular by my noble friend Lord Cormack, former chairman of the Northern Ireland Affairs Committee in the Commons, who speaks with such authority. First, we are at one in doubting whether a serious talks process can be brought to a successful conclusion without the help of an eminent individual from outside Northern Ireland who will be able to command full respect across the Province. Secondly, it is widely felt that the existing Assembly should meet so that its Members can themselves consider what role they might play in bringing about the progress that is so badly needed. I associate myself fully with those two points, which have again been brought out so well in this debate.

I will raise one further matter with my noble friend. He promised a Written Statement following our debate on the acute problems surrounding the renewable heating scheme in Northern Ireland. Could he say when that Written Statement might become available?

This order provides another five months in which a path back to full democracy in Northern Ireland can be found. We all hope for success, but as things stand today it is difficult to feel great optimism.

[Lord Morrow (DUP)]

My Lords, I, too, apologise for my late arrival. As with the noble Lord, Lord Lexden, it also was due to unavoidable reasons. It is most disappointing to find ourselves debating again today something that we debated some months ago. It is regrettable that devolution has not been restored to Northern Ireland.

I have said before, and it bears repeating, that my party is ready to go back to Stormont tomorrow with no red lines and no preconditions to be met before talks commence. Unfortunately, Sinn Féin pulled the whole thing down. I said before that that was one of the big weaknesses in the Belfast agreement: one party has a monopoly and can destroy everything that others attempt to bring together.

The Assembly was established with great pain. When it was established, I was not the greatest supporter of the way it was brought together, because I could see that the whole edifice was built on sand. When you give one party a degree of spower such that it can bring the whole edifice down at one call, there is something fundamentally wrong with that type of democracy.

There are issues that need to be sorted, but surely the place to sort them is around the table in Stormont. I have heard it said here today that we need some eminent person to bring all the parties together. I am not opposed to that, but I do not think it is necessary; it would further exaggerate and complicate the whole situation in which we find ourselves. Northern Ireland is in dire need of government. We are falling behind on issues; our health and education systems urgently need attention. Why can that not happen? It is because Sinn Féin has decided that a few of its impossible red lines must be met.

Of course, this is not the first time Sinn Féin has pulled down Stormont. It did it before over welfare reform; it did not like it, so it walked out of Stormont and everything ground to a halt. It has done it on this occasion. Make no mistake; it will do it again and again. It is doing it because it does not want Northern Ireland to be portrayed as a good place to do business and where parties can work together. It was not easy for the parties, all coming from different positions, to work together. However, that Rubicon was crossed and progress was made. Important decisions were delivered on behalf of the people of Northern Ireland.

I served on the Northern Ireland Assembly for some 18 years, when it was very difficult because of the system that we had and because of the two opposite positions: one wanted to destroy the union and the other wanted to keep it intact and in place. It is very difficult to work with partners who take up those diametrically opposite positions. However, it was done and it was achieved for a period of time. Oh that it could be again.

Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Lord Morrow Excerpts

2nd reading (Hansard): House of Lords
Tuesday 12th March 2019 Lords Chamber

[Lord Morrow (DUP)]

My Lords, it is with some regret that I speak on this issue today. Indeed, I feel that this is the sort of debate that we should not have to have. I find myself in general agreement with everyone who has spoken and with some of the things that have been said, if not all of them. However, I think the Minister knows and understands clearly where we are coming from, those of us who reside and come from Northern Ireland, when we see this type of debate. This debate should be taking place either not at all or in the Northern Ireland Assembly, but regrettably that is not the case. I recognise that the Minister has to do what he has to do. I am not sure that he has to do it at the 11th hour, but it has to be done nevertheless. He may be the one in the firing line—if that is a bad choice of words, I apologise—and has to take the flak here today, but it can come as no surprise to him or to this House that we find ourselves debating this issue this evening.

I could commence by saying, “Here we go again”. We have been here on other rushed pieces of legislation at the 11th hour, which is something I do not understand. I cannot understand why it is that way. We accept, of course, the reason for this Bill because we do not have a functioning Executive and Assembly. That is most regrettable. I was interested to hear the noble Lord, Lord Alderdice, say that he is not a fan of direct rule. Neither am I, but it would be infinitely better than what we are getting at the moment, because, basically, we are not getting rule. My first choice would be to have a devolved Administration in Northern Ireland with a functioning Executive. I suspect that even those who have yet to speak would say that that would be their first choice too.

We were told quite expressly that the Belfast agreement was a great compromise, that it was how Northern Ireland would be governed in future and that all future decisions would be made around the table, either in an Executive or in the Northern Ireland Assembly. Everyone signed up to it, some perhaps more reluctantly than others, but nevertheless we were told that this was as good as it was going to get. Hence, we had devolution for upwards of 20 years. Was it perfect? Not at all. Were there aspects of it that I did not like? There were many aspects I did not like. Indeed, it was the most convoluted and complicated piece of work that I ever witnessed in my political life, but we do not have an Executive today, we do not have a Northern Ireland Assembly, and I make it very clear to this House that I tire of people saying, “Oh, they are all to blame—they could never agree on anything over there”. I make it very clear that we have no Assembly today because Sinn Féin walked out of the Assembly and brought it crashing down. It was a calculated and deliberate piece of work. Surely there have been greater crises that have to be got over, but you do not bring government crashing to the ground to stress your point. You sit down, you debate it and you get on with it.

What have we been asked to do here this evening? The noble Lord, Lord Bruce, it was who put his finger right on it. He said that we are being asked to wave through £60 billion of budget with no scrutiny and virtually no questions asked. We are supposed to suck it up and get on with it. Would this happen in any other region of the United Kingdom? Would it be tolerated in any other part of the United Kingdom? I suspect it would not. Why does it have to be tolerated in Northern Ireland? Do we not deserve better?

Northern Ireland has gone through turbulent times, 30 or 40 years of horrendous times, and there was then a breath of fresh and a sigh of relief that maybe we were going into better times. Should we not be allowed to get on with that? If we cannot have devolution, let us have the second best, which is direct rule. I am not a fan of it any more than is the noble Lord, Lord Alderdice, so let us have it on a temporary basis, until we get the restoration of devolution. Surely the Minister can tell us today; the previous time he was here, he said that it would be the last. I am not saying this to embarrass him—I know he said it in good faith—but I noticed he did not say that this time will be the last; he has learned his lesson. Someone has to take the initiative and inject some urgency into the whole situation and debate in Northern Ireland.

The noble Lord, Lord Lexden, is correct when he says that prospects of a swift return to the Northern Ireland Assembly do not look promising. That might not be what we want to hear, but it is very factual. The Government need to move with some degree of urgency and say, “Enough is enough; we can’t continue like this, we have to deal with the particular problem here”. That problem lies in the Belfast agreement: it allows a single party to pull down the whole edifice of government at a whim. That has to change; if we do not get that change, we will go in perpetuity into this uncertainty.

Northern Ireland: Devolved Government

Lord Morrow Excerpts

Thursday 24th January 2019 Lords Chamber

[Lord Duncan of Springbank]

As the House has heard already, the noble Lord, Lord Callanan, made it very clear that we will not extend this particular process at all. That is not the intention of the Government. However, we need to recognise that, irrespective of Brexit, this is about good governance in Northern Ireland, and there is no good governance in Northern Ireland today. We cannot solely rely on a Civil Service to deliver what elective representatives should do. We recognise that for what it is. We are now in the twilight of that particular opportunity: it will darken, and we will move on.

[Lord Morrow (DUP)]

My Lords, in response to the noble Lord, Lord Lexden, I can confirm that my party, the DUP, is ready to go into government and back into Stormont tomorrow without any preconditions. But the truth of the matter is that services are not being delivered on health and education. Therefore, does the Minister agree that, until devolution to Stormont is restored, it is time to consider installing direct rule Ministers? That is the best way to gain the momentum and impetus in restoring devolution to Northern Ireland.

[Lord Duncan of Springbank]

The noble Lord is correct: nothing is off the table. Unfortunately, we cannot take direct rule off the table, much as I would like to do so. It has to be there because, if we cannot secure an Executive, it will be one of the inevitable outcomes of this terrible process.

Brexit: Negotiations

Lord Morrow Excerpts

Tuesday 20th November 2018 Lords Chamber

[Lord Morrow (DUP)]

My Lords, my party, the DUP, wants to see an orderly withdrawal from the European Union. The United Kingdom, which of course includes Northern Ireland, joined as a single entity and on the same terms and conditions. It is therefore important that we leave in the same manner. However, it is quite clear that this is not the way that it is planned. It is patently clear that Northern Ireland is to be treated differently from the rest of the UK.

Furthermore, the draft deal fails to deliver the referendum result in every part of the UK. It leaves Northern Ireland subject to the rulings of the European Court of Justice. It creates a democratic deficit whereby Northern Ireland would become subservient to EU legislation with no representation at all. The draft agreement would establish significant differences between Northern Ireland and the rest of the UK, as set out in annexe 5 to the protocol. It means Northern Ireland remaining in the EU single market rules for goods, including food standards, while Great Britain does not.

In terms of the settled constitution of the precious union, I shall make it very plain: the draft agreement, if implemented as printed, will ultimately threaten the future of the union, something that the Prime Minister continually repeated would not happen. Furthermore, any risk of differentiation or division between the component nations should be avoided, irrespective of how low the chance is of the backstop taking effect.

The very fact that Northern Ireland is singled out for special treatment should ring alarm bells even at this stage. If the concept of regulatory divergence and continued membership of the single market exists in the embryo of the withdrawal agreement then it is quite possible that the architects of the EU project, driven by the historic pro-republican agenda of the EU bureaucrats, will ensure that this embryonic prototype of an all-Ireland converged economic entity will be nurtured to the point of birth, and then rescuing the political union with GB will be well-nigh impossible.

The wording of the draft withdrawal agreement also ensures that Dublin and Brussels hold an active veto on whether the backstop ceases in Northern Ireland in future. Both options—the review mechanism or an extension to the transition period—fail to allow the UK to unilaterally move away from the arrangements should it wish to do so. This could leave us in an indefinite limbo and make it harder to leave the backstop than to leave the EU itself. The ability to supersede the backstop in whole or in part also expresses a danger that Great Britain may be able to leave the backstop but Northern Ireland has to remain. We would be handcuffed to the EU with Brussels holding the keys. That is not taking back control, in my opinion.

We are not alone in our resolve to oppose the risk that this deal presents to the union. Departing Cabinet members hold to our view that this agreement would break up the United Kingdom. Labour has described it as a de facto border in the Irish Sea. The parliamentary debate in the coming days should not be framed as a binary choice between a bad deal or no deal. We believe that there is widespread Cross-Bench support for a deal with the EU, but not this one. We will not, as some have suggested, step back from our commitments to defend the security of the union and protect the long-term economic interests of Northern Ireland. Ultimately, that cannot be guaranteed by this deal, and for that reason, my party cannot in good conscience support it.

Convergence of the political structures and economic alignment has been a cornerstone of Sinn Féin/IRA for decades. Strip out all symbols of British and unionist culture and replace it with “shared space” and “shared future”, which of course is just political speak for cultural and economic assimilation of the pro-union people. This strikes me as a modern day Trojan horse.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Lord Morrow Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

I close by asking this question. What is the message that your Lordships’ House will be sending to people born with a disability if we allow Clause 4 to stand part of the Bill? Surely it is this: “We believe that you would be better off dead; we believe it would be better if you had never been born, because of your disability”. So I ask my noble friend the Minister to take this opportunity to reassure me that the Government do not believe that I, as a Member of your Lordships’ House, would be better off dead and indeed that the Government do not believe that disabled human beings like me would be better off never having been born. I also ask my noble friend the Minister to reassure me that the Government will insist on protections, so that that message can never be given in practice by changes to the law and to practice in Northern Ireland.

[Lord Morrow (DUP)]

My Lords, I congratulate the noble Lord, Lord Shinkwin, on his excellent speech. I think he has captured it all here this evening, and I put on the record my appreciation of what he said.

I shall speak to Amendments 16, 10 and 11. I begin by responding to the amendments tabled by the noble Lord, Lord Adonis. I shall first touch briefly on the effect of each before reflecting on their immediate implication and then on their broader constitutional consequence. If the departments were advised not to enforce Sections 58 and 59 of the Offences Against the Person Act, it would allow abortion for absolutely any reason up until 28 weeks’ gestation. It would propel Northern Ireland from a place where it has the highest abortion legislation in the British Isles to having the loosest. In supporting this measure, parliamentarians from England, Scotland and Wales would be thrusting on Northern Ireland a far more liberal abortion law than they think appropriate for themselves. There is simply no justification whatever for this approach.

Setting aside the fact that no declaration of incompatibility was made by the Supreme Court in June—and that even if it had been, it would not have changed the law—the only criticism in the obiter comments was in relation to abortion in two very narrow contexts: first, when a baby is so severely disabled that there is a likelihood that it will die in the womb, will not survive birth or will die soon after; and, secondly, when a baby has the misfortune that the father was a rapist. This would not justify anything remotely resembling not enforcing Sections 58 and 59. Indeed, adopting such a course would be diametrically opposed to the statement by the court that Northern Ireland’s abortion law—Sections 58 and 59—is human rights compliant in prohibiting abortion on the basis of severe malformation.

The amendment is also deeply problematic because of the way in which it would expose people to the risk of prosecution. In the first instance, where these amendments would direct departments not to enforce the law, the law would remain in place. The Secretary of State would effectively be directing departments to make people aware that the law would not be enforced by them—which is likely to result in some people feeling more at liberty to break the law. This, however, would not stop private prosecutions. It is not right that we ask the Secretary of State to put officials in a position where they send out messages that are likely to result in some people breaking the law, thinking they will not end up in court when they will. This would be monstrous.

Amendment 11 is also deeply problematic. If the hope is that officials enforce Article 15 of the Matrimonial Causes (Northern Ireland) Order 1978, the amendment is misconceived. That piece of legislation relates to the conduct of judges, not departmental officials. If the hope is that officials will enforce Article 15 of the order by directing judges, that also will not work because it would contradict the principle that the judiciary is independent and not instructed by the Executive.

There is an even more profound difficulty with both amendments and their attempt to encourage the Executive to dispense with enforcement of the law. In examining them both, one cannot help but think of that very formative period in our history that, arguably, has done more than anything else to give us the constitutional system of government that we enjoy today. The Glorious Revolution was, in part, a response to the tendency of James II to dispense with the enforcement of laws—laws that remain on the statute book. His actions created a constitutional crisis that provoked the Glorious Revolution.

I know that the parallels are not exact. The noble Lord, Lord Adonis, is not a king: nor does he claim to be. He is raising this as a parliamentarian and suggesting that Parliament takes this step. However, I feel deeply uncomfortable about the idea of Parliament sanctioning one law to undermine another one that remains on the statute book. There is a real sense in which effectively he is asking Parliament for permission to overthrow the sovereignty of Parliament. This request is wrong-headed, and acceding to it would be destructive of our laws.

I support Amendment 16, in the name of the noble and learned Lord, Lord Mackay, and the noble Baroness, Lady O’Loan. It seems to me that Clause 4 is one of the most problematic provisions in the Bill. Although those who secured the inclusion of Clause 4 believe that Northern Ireland’s abortion law has been declared incompatible with human rights, no such declaration has been made. Even if a declaration of incompatibility had been made, it seems that the champions of Clause 4 have completely misunderstood what it means. When a declaration of incompatibility is made, the law is not changed and does not have to change. This point is made absolutely clear by Section 4(6) of the Human Rights Act 1998. The fact that, constitutionally, a declaration of incompatibility brings with it no imperative for legal change is set out very clearly by the noble and learned Baroness, Lady Hale, in paragraph 39 of her judgment in the recent Northern Ireland Supreme Court case back in June.

I now turn to examine some of the specific problems with the understanding of how the declaration of incompatibility applies in the context cited by Clause 4. The first specific example of incompatibility is set out in paragraph (a). This statement is problematic for two reasons. First, as I have already noted, no declaration of incompatibility was made; and secondly, again as already noted, the majority of the noble and learned Baroness’s commentary in the Supreme Court judgment also questioned the balance struck by the law in Northern Ireland in two very narrow contexts—foetal abnormality and rape. The commentary did not provide any justification for suggesting a general problem with Sections 58 and 59 of the Offences against the Person Act. Repealing Sections 58 and 59 would result not simply in adjusting the balance of rights in relation to those two specific contexts, but instead would permit abortion on demand for any reason up to 28 weeks’ gestation. The idea that the majority of her commentary suggests a problem with Sections 58 and 59 of the Offences against the Person Act per se is extraordinary. Subsection (1)(b) is equally confusing.

It is plain wrong to suggest that the Supreme Court has identified any human rights problem with Article 6(6)(e) of the Marriage (Northern Ireland) Order 2003. There is a challenge to that provision before the Northern Ireland Court of Appeal, the case having already been rejected by the High Court. To date, however, the definition of marriage has not been considered by the Supreme Court.

Having considered the immediate problems with both provisions, I now turn to the wider constitutional point. It cannot be right to require the Secretary of State to produce guidance for officials that has the potential to critique or undermine existing legislation. The only guidance that it would be proper for the Secretary of State to provide, mindful of Section 4(6) and Section 6 of the Human Rights Act, is guidance that upholds current primary legislation unless and until it changes. For the Secretary of State to do anything else would undermine the rule of law.

Mindful of this I have asked the Minister for an assurance that any guidance issued under Clause 4 will make plain, first, that even binding declarations of incompatibility do not have the effect of changing the law or of creating a legal imperative requiring the law to be changed in line with Section 4(6) of the Human Rights Act; and secondly, that no convention right can negate contrary to domestic legislative obligations in line with Section 6 of the Human Rights Act. Unless and until such a time as the law is changed, any guidance provided by the Secretary of State must require officials to uphold that law as it stands.

[Lord Cashman (Lab)]

My Lords, I speak in favour of the principles outlined by my noble friend Lord Adonis in Amendments 10 and 11, and against Amendment 16. I will be very brief indeed. Basically I am speaking in defence of Clause 4 because I believe that I have listened to a misrepresentation of that clause. For me it is as simple as this: the women of Northern Ireland and the lesbian, gay and bisexual people of Northern Ireland should be afforded exactly the same rights and opportunities as other citizens across the rest of the United Kingdom, and no one should face discrimination based on where they were born or where they now live. For those reasons, I support my noble friend’s amendments, but particularly Clause 4 as it stands.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Lord Morrow Excerpts

2nd reading (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Lord Morrow (DUP)]

My Lords, those who spoke before me, albeit just two, have committed themselves to devolution in Northern Ireland. That is something that I and my party are strongly in favour of. Indeed, records will show that we are the only party that has not dallied with other ideas for Northern Ireland over the past 30 or 40 years. We are strong believers in devolution. We believe that devolution is the way forward. We believe that it serves Northern Ireland well and that the people of Northern Ireland should be making those decisions.

However, I have some concern when I hear some Members past and present speak who want to cherry pick things that London should be deciding and then maybe Northern Ireland politicians can decide other things if and when devolution returns. We will strongly oppose any attempt to cherry pick and decide what should or should not happen in Northern Ireland. However, if—and I know that the Minister has not said this—it is the opinion that direct rule should return, then let it return in full, not piecemeal, because that gives everybody the worst of both worlds.

We stand here today ready to go back into a Northern Ireland Assembly tomorrow, with no ifs, ands or buts, and no preconditions. It has to be said here, loud and clear, that it was Sinn Féin members who brought down the Northern Ireland Assembly—and I suspect that, if it were to be restored again, they would do the same all over again at their own timing. That is the way they work.

There are aspects of this Bill about which we have great concerns. I have great concerns about Clause 4. I do not want to get into technical, legal arguments that I know others will want to address: I will save my contribution on that for Committee. I simply want to point out that some others do not want to point out that abortion is a devolved matter. Legislation in Northern Ireland is the most up-to-date in any part of the United Kingdom, having been decided in 2016 on a cross-party vote. There was no petition of concern, but it was decided on a simple, straightforward majority that the law should remain as it is.

[Lord Adonis (Lab)]

My Lords, will the noble Lord explain to the House what the Parliament of the United Kingdom is supposed to do where a matter is devolved and there are no devolved institutions?

[Lord Morrow]

I simply point out again to the noble Lord that it is a devolved matter—but he consciously ignores that. I would respect him more if he would have more respect for what the people and the elected representatives of Northern Ireland have said quite recently. Furthermore, it is not going to help us to get power-sharing back. That surely should be the aim and the goal of this House: the restoration of devolution, as the Minister has already stated.

Polling of 1,013 adults in Northern Ireland conducted between 8 and 15 October showed that 64% of people do not think that Westminster should interfere in this issue but should leave it to the Northern Ireland Assembly. I agree with those 64%. The figures rise to 66% of women and 70% of 18 to 34 year-olds. The same polling also shows that 47% of people in Northern Ireland believe that intervention by Westminster would undermine devolution; only 30% disagree.

Furthermore, I understand that Amnesty has also done some polling on this same question, reaching different conclusions. However, I note, first, that it was conducted by an organisation that is not a member of the British Polling Council. Secondly, it did not release the polling tables for this question; and, thirdly—inexplicably—it left out the “don’t knows” and the “prefer not to says”. This inevitably distorts the outcome. Had the polling I cited been done, the proportion of Northern Ireland citizens saying that Westminster should not intervene would be more than 70%.

Of course, I accept that all polling has its limitations. The country vote on which we can depend was the election of the Northern Ireland Assembly, of which I was then a Member, by the women and men of Northern Ireland. This Assembly determined, by a simple majority vote and without reference to a petition of concern—I emphasise that—not to change abortion law in any way on 10 February 2016. Of course, if at some future point the Supreme Court issued a declaration of incompatibility with respect to any aspect of our law, the Northern Ireland Assembly would respond appropriately.