Northern Ireland (Executive Formation and Exercise of Functions) Bill

Baroness Stroud Excerpts

2nd reading (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Baroness Stroud (Con)]

My Lords, I add my voice to those of noble Lords who expressed their sadness that we are, once again, in this place. Given the time, I will concentrate on Clause 4, which was introduced to this Bill by amendment in the other place. I question the clause for two main reasons. First, it represents a serious overreaching of the powers of Westminster. Secondly, as the House has heard, the insertion of this amendment is a misinterpretation of the role of the courts in relation to changing primary legislation.

Clause 4 represents a serious overreaching of the powers of Westminster and is not sensitive to the current reality of Northern Ireland politics. If we were in a position where there was no chance of devolved government being restored, it might be appropriate for Westminster to intervene on sensitive devolved matters. However, as this House has repeatedly expressed this afternoon, that is patently not the case. Most people in Northern Ireland believe that there is a good chance that devolved government will be restored once the main Brexit decisions have been made. The prospect of a fully functioning Stormont in 2019 is not beyond the bounds of possibility, and we should do nothing to put it there. Indeed, the Bill is premised on that hope. It is not advisable for Westminster to intervene on a devolved policy matter for the first time since the advent of Northern Ireland in 1921.

It is also understood that this is a matter where the people of Northern Ireland are known to feel strongly. As we have heard, recent polling shows a strong desire for abortion law to be set by the democratically elected representatives of Northern Ireland. For example, a recent ComRes poll found that 64% of people—and 66% of women—in Northern Ireland believe it would be wrong for Westminster to legislate on this issue at this time. Those proposing these amendments seem a little more concerned to make progress on this issue while the Assembly is down than to get power sharing back up and running again. I firmly believe that the steps that we in Westminster take at this time should be guided by one overriding consideration—whether our work will help or hinder the restoration of power sharing. Will this clause hasten the return of a functioning Executive and Assembly? Will it build the necessary trust, or hinder it? The answer is pretty self-evident, given the culture and nature of Northern Ireland. Trust grows slowly but can be quickly decimated.

Secondly, as noble Lords have noted, the sections of the law referred to in this clause govern the law on abortion, as interpreted by the courts. These provisions currently restrict legal abortions in Northern Ireland to situations where the life of the mother is at risk and continuing the pregnancy would adversely affect her physical or mental health in a manner that is “real and serious” and “permanent or long-term”. As the noble and learned Baroness, Lady Butler-Sloss, so eloquently stated, it is clear that Clause 4 rests on a misunderstanding about changing primary legislation. Although the Northern Ireland Assembly is temporarily suspended, abortion law remains devolved, as we have heard many times this afternoon. Only on 10 February 2016, the Assembly debated changing the law; the Assembly voted not to change the law in either of these situations. This is a recent debate.

This June, the Supreme Court ruled on a case in Northern Ireland on the same narrow scope of abortions that the Assembly had debated in 2016. It rejected the appeal and did not make any declarations of incompatibility with the current law in Northern Ireland and the European Convention on Human Rights. The notion that the Secretary of State should now produce guidance to impact the conduct of officials based on non- binding reflections of the courts rather than on the law is deeply problematic. It establishes a concerning precedent that should not be sustained. The relevant guidance should not differ from that issued by the Executive in March 2016, which reflects the law as it stands.

The impact of the law in Northern Ireland today is interesting in certain respects and may be of interest to policymakers here. The commitment to the value of the life of both the unborn and the mother has helped to define the culture of Northern Ireland and, in part, to make Northern Ireland what it is today. This is illustrated by the publication of a report at the beginning of last year which used robust statistical methods to show that around 100,000 people are alive in Northern Ireland today who would not have been had the Province elected to embrace the Abortion Act back in 1967. It should not be surprising that a Province which has lost so many holds life to be so precious. The figure of 100,000 was attacked and complaints made to the Advertising Standards Authority. However, after a five-month investigation, and drawing on the advice of health economists, the ASA ruled in August last year that the figure was entirely reasonable. It is extraordinary to consider that 100,000 people are alive today and that their right to life is entirely consistent with human rights.

Clause 4 is deeply problematic, and I ask the Government for assurances that any guidance that they provide will instruct officials to respect the rule of law and the law as it stands in this area.