Northern Ireland (Executive Formation) Bill

Baroness Smith of Basildon Excerpts

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

[Lord Bruce of Bennachie]

My Lords, I welcome the tone of this debate and accept that the main purpose of the amendment is to translate the rules as applied in the rest of the UK to Northern Ireland. To that extent, it is welcome. Indeed, there was strong debate around the idea that there was never any attempt to force anyone to be involved in same-sex marriage or be required to perform or officiate at such a marriage. That was absolutely clear. The law makes that clear and I accept it entirely.

But I have two concerns. I have a slight concern about proposed subsection (1A)(d) in the amendment, which relates to protecting freedom for discussion,

“including urging persons to refrain from marrying a person of the same sex”.

That could become a pressure or indeed the beginnings of trying to convert people away from the idea of same-sex marriages. I draw attention to Schedule 7 to the same-sex marriage Act, which states:

“for the avoidance of doubt, any discussion or criticism of marriage which concerns the sex of the parties to marriage shall not be taken of it felt to be threatening or intended to stir up hatred”.

So it is not in itself an expression of hatred, but it could be in the way that it is applied. I have a slight concern that the amendment is unclear.

The other concern is about the role of education, which has caused plenty of problems on the mainland, never mind in Northern Ireland, on issues relating to gay rights and so forth in general. In that context, there are two issues that I think the movers of the amendment can take comfort from but should be aware of. First, teachers need to teach the facts. It is important that in any context, particularly if it happens in Northern Ireland that same-sex marriage is legalised, the fact of the law and the rights of that should be made clear in schools even if the school has a religious connotation that says, “We in our faith don’t necessarily agree with it”. The school has to accept that it is the law and that people are entitled to get married in that context.

Secondly, it is of course right for a school with a religious background to want to communicate its religious beliefs—and nobody is challenging people’s right to believe what they do. Nevertheless, in the process of doing that, discussions about the issue of same-sex relationships should be done in an appropriate, reasonable, professional and sensitive way. Some of that is difficult to put into law. It is about the culture and the environment in which the issue is expressed.

Many of us would reasonably accept that the speed with which people have moved from resistance to same-sex marriage to wide acceptance has been remarkable. That is very welcome for those people who experienced frustration and prejudice in not being able to get married. I suspect that, in spite of the arguments to the contrary, things may move more quickly in Northern Ireland than some people think. The noble Lord indicated that progress has been made in that direction and it is one area where contributions from outside this House say that it is now an accepted fact.

The amendments are understood. They recognise that people have a right to believe and they should be allowed to preserve that belief, but the balance is that they have to be careful that they do not impose those beliefs or share them and use them to extend prejudice.

[Baroness Smith of Basildon (Lab)]

My Lords, in some ways the debate strayed further than the amendment itself. I was grateful to the noble Lord, Lord Hayward. His explanation of what he was seeking to do with the amendment before the Committee was very helpful. When the same-sex marriage legislation went through this House, there was a lot of debate about some of the issues that noble Lords from the DUP have addressed. It was made clear that that legislation is permissive. It is not compulsory: it is permissive.

I disagreed when the noble Lord, Lord McCrea, spoke about the fundamental building blocks of society. People in a committed, loving relationship should have the same opportunities as everyone, whether same-sex couples or couples of different genders, to be able to celebrate and demonstrate that commitment to each other as being a long-term, permanent commitment, and not be ostracised for doing so.

Having said that, I think the points about this being similar to the legislation in England and Wales were entirely well made, as the noble Lord, Lord Hayward, said. Like the noble Baroness, Lady Barker, the only part I have some concerns about is the educational institution. I was recently fortunate enough to meet the head teacher of Anderton Park School in Birmingham and was deeply impressed by her dignity and her commitment to her pupils. I would hate to think that we would be getting into a position where other head teachers who are trying to do their best for their pupils, trying to instil in them tolerance and a commitment to understanding society as it is, would face such difficulties as she and her staff have had to in very difficult circumstances.

I look forward to hearing what the Minister says but I would imagine that any legislation he is discussing with the noble Lord, Lord Hayward, and Conor McGinn from the other place would be along the lines of the legislation that we have here in GB.

[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.

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[Lord Empey]

My Lords, I congratulate the noble Lord, Lord Hain, on his persistence in this matter. I am also encouraged that the Minister said last week at Second Reading that there would be no risk of a person receiving a pension if an act was carried out by his or her own hand. The criminal injuries legislation, if applied to this, would ensure that that did not happen. However, there is perhaps a risk with people’s relatives. Whatever we do, let us be absolutely clear that the language of the legislation clearly reflects Parliament’s intention; otherwise, somebody will JR the thing and the whole process will become discredited. That is my major worry. With that qualification, I support the amendment moved by the noble Lord, Lord Hain.

[Baroness Smith of Basildon]

My Lords, I rise very briefly to endorse and thank my noble friend Lord Hain and his supporters for bringing this forward. As he mentioned, of all the posts I ever had in government, my role as a victims Minister in Northern Ireland was the one that stayed with me and affected me the most. The euphemistically named Troubles left a legacy of not just physical pain but mental pain and anguish that affects later generations and both sides of the community, as we have heard. A lot of people were caught up in things that they knew nothing about. I remember talking to one man about his experiences. Every year, a paper would print a photograph of a bus that had been wrecked in a bombing. His father had died on that bus, yet nobody thought of the pain it caused him to see that photograph printed on the anniversary year after year.

This is not just about the financial need people are in. It also gives recognition to those victims and survivors who will receive a pension and those who will not but who recognise how important it is that the suffering and trauma experienced by victims over many years has been recognised. This is also about health. Many have not undertaken the employment they could have done, which had a financial knock-on effect. This is long overdue. I am sure there is more that can be done over time for those who have survived, but I think this is a really important step. I am encouraged that we are all anticipating a very positive response from the Minister.

[Lord Duncan of Springbank]

My Lords, I believe I can give that positive response. The noble Lord, Lord Hain, has given a great deal of leadership. A number of Members of your Lordships’ House have worked very hard on this matter, as have members of my team in the Northern Ireland Office. The noble Lord and I discussed earlier some technical improvements that need to be made, which I believe we can make tomorrow. The noble Lord has also raised the question of a money resolution and a consolidated fund. I believe we can address that.

I was privileged to meet a number of the survivors from the WAVE Trauma group. I recognise what they have been through. I thank the noble Lords here who have given that commitment to ensure that their voices have not been lost or forgotten. Every day we lose from here on in is one day too many. On that basis, I hope the noble Lord, Lord Hain, will withdraw his amendment.

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Moved by

[Baroness Smith of Basildon]

26: After Clause 9, insert the following new Clause—
“Historical institutional abuse in Northern Ireland: regulations
(1) The Secretary of State may by regulations provide for a publicly funded compensation scheme under an HIA Redress Board, distinct from the Northern Ireland Criminal Injuries Compensation Scheme 2009, to be charged to the Northern Ireland Consolidated Fund.(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 this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each 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.”

[Baroness Smith of Basildon]

My Lords, given the lateness of the hour, I may not allow the Committee to enjoy my 15-minute contribution and will perhaps be slightly briefer. I am grateful to the noble Lord, Lord Duncan, for his discussions with me on my amendment and for the consideration he has given to this issue. My amendment deals with the historical abuse inquiry and the recommendations made following that inquiry. I say at the beginning that, as we discussed earlier today, this is not the only inquiry where the absence of an Assembly has disadvantaged the people of Northern Ireland.

The noble Lord and other Members of the Committee will recall that I have raised the hyponatraemia inquiry on many occasions now. It was an inquiry that I set up as a Health Minister in Northern Ireland after the deaths of a number of young children. That inquiry reported many years later, yet no action will be taken until a proper Executive and Assembly are up and running. To me, that is a sad and terrible state of affairs for the families of those young children. That issue, and many we have heard about this evening, tell us about the impatience building up in Northern Ireland among those suffering the injustice of local politicians not dealing with their crucial issues.

I pay tribute to the late Sir Anthony Hart, who chaired the historical abuse inquiry. He died suddenly last week, not having seen the progress he would have liked to see on the recommendations he made. We are waiting to take action to implement his recommendations to compensate those subjected to terrible abuse in children’s homes where they had been placed by the state, so the state had a duty of care. Those homes were run by churches, by charities and by state institutions between 1922 and 1995. The very places where children should have been safe from harm are where they were abused.

My amendment would require the Secretary of State to make regulations providing for a publicly funded scheme. I know that funding has been one of the handicaps and difficulties for the Government, but the funded scheme would be charged to the Northern Ireland Consolidated Fund by 21 October 2019 unless the Northern Ireland Executive are formed first. It builds on the amendments in the House of Commons requiring the Secretary of State to report on progress made in preparing the legislation.

We have not gone into the detail; we do not think it right to do so at this stage. What I seek—I am optimistic about this after our discussions with the Minister—is an absolute commitment to get the scheme in place in legislation so that no more victims die before they get their justified compensation.

[Lord Bruce of Bennachie]

I support the noble Baroness’s amendment. We have discussed this subject several times, and we all recognise that recommendations are in place. The Minister will tell us that things have been added to them, which has complicated the settlement. We are talking about abuse going back to 1922—nearly 100 years ago—and continuing until as late as 1995.

Let us be clear: these abuses have not been confined to Northern Ireland. In the Republic, in Scotland, in England and in the Channel Islands abuses have been unearthed, and Sir Anthony Hart produced a very comprehensive report. When we read about the scale of the abuse it leaves us feeling very angry that people who should have been responsible were perpetrating those acts of abuse. I happened to read a novel last year by Christina McKenna called The Misremembered Man. It is a total fiction, but it is based entirely on the kind of abuse that young children experienced in Northern Ireland and makes a lively dramatic impact, as perhaps a stark factual report does not.

I say to the Minister: people have waited an awfully long time. Many have died and many have suffered. There has been a recommendation, and there are clearly additional things. If he can say something about the timescale on which he feels we can get to a point when action can be taken, the Committee will be very appreciative.

[Lord Duncan of Springbank]

My Lords, I think we can make some progress this evening. I thank the noble Baroness for tabling her amendment. There is urgency. The last time the matter was discussed I said that the Government stood ready to move this through Westminster with a degree of urgency. The issue now, of course, is that Sir Anthony Hart’s recommendations have been considered by the parties, which have reached a consensus—but it differs from the original proposals in the Hart recommendations, so there needs to be some redrafting. We anticipate the redraft coming towards the Government in the next couple of weeks.

The route that the noble Baroness has chosen is one that might introduce a delay, and I do not think we need to do that. If she is willing, I will commit, in the absence of a sitting Assembly, to the Government introducing primary legislation on historical institutional abuse before the end of the year—which I believe would satisfy her requirements. On that basis, I ask her to withdraw her amendment.

[Baroness Smith of Basildon]

My Lords, I am grateful to the Minister. On that basis, I am very happy to withdraw my amendment.

Amendment 26 withdrawn.