Abortion (Northern Ireland) Regulations 2022

Debate between Lord Robathan and Lord Alton of Liverpool

Tuesday 21st June 2022 Lords Chamber

[Lord Robathan (Con)]

My Lords, the moral dilemma of abortion is a fraught and complex one in which I do not intend to get too involved. In this country, it raises great passions; in the United States of America, it brings about conflict and leads to shootings, which I think we all regret. But it is the termination of life.

Personally, I believe that abortion is often necessary; it may be necessary for a great many reasons. However, I hope we would all regret that last year in the United Kingdom there were more than 200,000 abortions—I think that is right—which means that abortion has just become an extension of contraception, with all the dangers to mothers’ lives, apart from anything else, that go with it.

Although I may regret that, this debate is nothing to do with the morality of abortion. As we have just heard from several speakers, this is to do with the devolution of power to Northern Ireland. Some eight years ago, I worked in the Northern Ireland Office for a year. Devolution is very important. We know there are issues with it, but either we have devolved health to Northern Ireland or we have not. It seems to me that this is a matter of great principle. Notwithstanding any crusades in the House of Commons by one or two people, such as Stella Creasy, this is a matter that must be decided by the people of Northern Ireland. We should not be going there.

[Lord Alton of Liverpool (CB)]

My Lords, I fully support the amendment to the Motion introduced by my noble friend Lady O’Loan. I strongly endorse the remarks made by the noble Baroness, Lady Hoey, the right reverend Prelate the Bishop of Blackburn, and the noble Lords, Lord Robathan and Lord Morrow.

I say gently to my noble friend—for she is my noble friend—Lady Deech that, among the 30 articles of the 1948 Universal Declaration of Human Rights, there is no right to abortion. Article 3, on the other hand, guarantees the right to life itself. All the other rights are worthless without that paramount right to life.

It is fitting that this debate is taking place around an amendment that regrets this Motion because there is so much to regret in what Parliament is being asked to agree. We should register our profound regret for every life that will be lost because of this decision, at suborning the devolution settlement, and for measures that set aside ethical proprieties and are deeply flawed and frankly questionable, not least on the grounds of workability. These regulations are about more than just how abortion services are commissioned in Northern Ireland. They raise serious questions about devolution and highlight key constitutional challenges that go beyond abortion and should be of grave concern to your Lordships’ House, as we have heard. That is where I want to begin.

Today, the key question for your Lordships is this: should the constitution of this country be set aside on the basis of regulations alone, particularly when the regulations in question are vague and fail to set out how and when the power that they confer will be exercised?

I care about this deeply for a number of reasons. I led a delegation to see John Major when he was Prime Minister and urged him to make abortion a devolved matter—an argument that he accepted, as did Tony Blair. That delegation included leading figures from each of the constitutional parties then in the House of Commons, drawn from across the political divide. Indeed, for many years, I have been a parliamentary spokesman on Northern Ireland; I have come to respect and admire the people of Northern Ireland. I passionately believe that their voices deserve to be listened to, and that power-sharing through devolution holds the key to its future.

Each constituent part of the United Kingdom is permitted by virtue of devolution to take decisions that best meet the needs and political outlook of that part of this nation. The people of Northern Ireland have consistently elected to their Assembly people who take a different view concerning abortion than that expressed in other parts of the UK. Although attitudes and voting patterns in Northern Ireland may well change, the new Assembly has been elected only recently and this question is yet to be put to it. The clear constitutional imperative remains: devolved issues should be decided only by the devolved Administrations, who have been given the power to set policy and law for their area. It is arrogant in the extreme to overturn that principle, especially on an issue that is, for millions of people, not a marginal question but, as I have said, about the very right to life itself.

Regulation 2 permits the Secretary of State simply to bypass the Northern Ireland Executive and the Assembly. The Explanatory Memorandum states that

“a direction given under those Regulations must be complied with irrespective of whether any matter has been brought to the attention of, or discussed and agreed by, the Executive Committee of the Assembly.”

Even if a way forwards is agreed by the Northern Ireland Executive, or indeed the recently elected Assembly, the Secretary of State can simply make any direction he sees fit, even if it is in direct contravention of the decision made by the Executive or Assembly. Even if a majority of elected representatives in Northern Ireland disagree, they will be duty-bound to follow the decision of the Secretary of State. That cannot be right, and as a parliamentarian committed to the principle of devolution, I contest, as I have done in previous debates, this high-handed decision. Surely it would not be tolerated if it was in Scotland or Wales, and it should not be tolerated in Northern Ireland either. To set aside devolution and all it entails by statute would be bad enough, but to do so through regulation, regardless of whether it is technically legally permissible, is troubling indeed.