Northern Ireland (Executive Formation) Bill

Debate between Baroness Smith of Basildon and Lord Morrow

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

[Lord Morrow]

When we talked about amendments being “outside of scope”, we were talking directly about the other House.

[Baroness Smith of Basildon]

This House has no remit over what the other House says is in scope, but I am sure the clerks and the Speaker would act in a similar way. Perhaps I can help the noble Lord, Lord McCrea—

Northern Ireland (Executive Formation) Bill

Debate between Baroness Smith of Basildon and Lord Morrow

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.