Northern Ireland (Executive Formation) Bill

Debate between Baroness Browning and Lord Duncan of Springbank

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

[Lord Duncan of Springbank]

In response to the noble Lord, I am a scientist. On occasion I will use scientific words, and on this occasion I just did. That was snippy. I am sorry; that was not my intention. Forgive me for that, but frustrations can come out in debates such as this.

As we look at these matters, it is important to try as best we can to be as sensitive as we can. I fully understand the point raised by the noble Lord. There will be a range of views across this House on these matters. It is right that we understand and respect those. As we move this matter forward, we seek to give effect to the legislation as it progressed from the other place. The important part that I need to stress—it is important for me to do so and be understood—is that the date within the Barker et al amendment, as currently drafted, would cause the Government some difficulty, because we would be unable to deliver the very consultation we have discussed within that timeframe.

[Baroness Browning]

I am sorry; I must be missing something here. Can my noble friend just explain to me why it is that if this amendment proceeds the timescale for the foetus is not the same as in the legislation in the 1967 Act? Foetal viability—whether it survives—is gauged only after the foetus is born and becomes a child. What does 22 to 28 weeks refer to? I have not been able to find it in any of the words on any of the papers available tonight.

[Lord Duncan of Springbank]

It is important to recognise here that we are not discussing the 1967 Act at all, I am afraid. That will not be moved across in any way. Right now, we are looking at a new regime that will be constructed in Northern Ireland. In answer to the earlier question from the noble Lord, Lord Dubs, about why the consultation period is longer, were we moving across the 1967 regime we would, in truth, be able to do this a little more swiftly. We would be doing so on the basis of established precedent and rules that exist within the current scheme. However, we are not doing that. The instruction we received from the other place was quite clear.

There is this question about why there are no government amendments to move forward on this matter. The simple answer to that is that, at present, we have received an instruction from the other place—