Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Lord Trimble and Lord Adonis

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

[Lord Adonis]

My Lords, in moving Amendment 10 I shall speak also to Amendment 11. The intent of these amendments, although they had to be drafted in a more complex way, is very simple: if the Northern Ireland Assembly has not legislated for equal marriage and abortion rights in Northern Ireland by next May, equal marriage and abortion should, by the authority of this Parliament, be made legal in Northern Ireland next May.

I do not intend at this late hour to press this matter to a vote, but my first comment is that I believe, based on the balance of parliamentary opinion in this House and the other House, that if the Northern Ireland Assembly does not move to address these basic issues of civil rights over the next year or so, Parliament will be left with little choice but to act in this manner. Particularly on the basis of the vote held in the House of Commons last week, where there was a majority of 100 in favour of Stella Creasy’s amendment, the intent of which was clearly that abortion and equal marriage should be legalised, although it is not possible to do it through this Bill, I believe that it is the very clear view of the House of Commons that it would move pretty swiftly in that direction if the Northern Ireland Assembly does not.

Clearly, this needs to be reconciled, if possible, with devolution. The right way to do that is to give the opportunity for a new Executive to be formed in Northern Ireland and for the Northern Ireland Assembly to consider this issue, in the expectation that Northern Ireland will not remain the only part of the British Isles where equal marriage and abortion rights are not recognised. It is my belief, however—and I can only express my view—that if the Northern Ireland Assembly is not prepared to act in that regard, the Parliament of the United Kingdom will be obliged to do so in due course. Sending that message out from this House is quite an important signal to politicians in Northern Ireland that there is really not an option for Northern Ireland to continue for any long period of time to deny what many of us would regard as fundamental human rights.

[Lord Trimble (Con)]

I have a simple point. I am sorry to repeat myself from earlier on today, but abortion is legal in Northern Ireland. There is only one small point of difference in the law between Northern Ireland and England and Wales. Therefore, to talk about denial or otherwise is wrong: it is not a matter of law. The problems lie elsewhere.

[Lord Adonis]

My Lords, your Lordships will be very open to different ways of resolving this issue, but it is a fact at the moment that some 28 women a week travel from Northern Ireland to Great Britain for the purpose of having an abortion, because it is not possible to access these services in Northern Ireland. So whether it is theoretically legal or not, women in Northern Ireland are not able to access these services at the moment, so to all intents and purposes abortion is not available to them.

[Lord Trimble]

That is a different matter.

--- Later in debate ---

[Lord Adonis]

It is not a different matter in terms of the impact on the women affected. This is surely the fundamental issue.

[Lord Trimble]

The solution must be in Northern Ireland.

[Lord Adonis]

I am entirely open to the solutions being found in Northern Ireland, but if those solutions are not found, the only course open to this Parliament is to change the law. The reason that I speak in such direct terms is that it is very important to be able to offer assurances to the people of Northern Ireland themselves that this Parliament is not prepared to allow this abuse of civil rights to continue for any substantial further period. That appears to be in line with majority opinion in Northern Ireland itself. An Amnesty International poll taken earlier this year showed that 65% of people in Northern Ireland think that abortion should be decriminalised and 66% think that Westminster should act in the absence of the Assembly.