Northern Ireland (Executive Formation) Bill

Bob Stewart Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Nick Herbert]

I strongly agree with the hon. Lady. This shows that people in Northern Ireland simply do not have the same rights as those in the United Kingdom, and that is something we should act upon.

There is a case, on its own merits, for introducing same-sex marriage, and I just want to say to the Committee that, frankly, this argument has been won. It has been won in the country and it has been won in this House. One by one, the arguments against this reform fell away. First, there is no compulsion involved. The legislation that we introduced in England and Wales protects religious freedom. Churches are not compelled to introduce same-sex marriages in their own institutions. That is a matter for them. No individual is compelled to enter a same-sex marriage. There is a very simple remedy if someone does not like the idea of same-sex marriage: they should not enter into one; it is not compulsory.

Secondly, why should we not allow people to enter into an institution by which they will demonstrate a lifelong commitment to each other and make that commitment in front of their friends and family? What harm is done by this legislation? We as hon. Members know very well that we pass laws and vote for things every day that make people profoundly unhappy or that irritate them. We put on taxes, we restrict freedoms, we do things that irritate sections of our communities, and we do these things because we think they are right. It is not often that we pass legislation that has a single effect. The single effect of the legislation for England and Wales that was passed six years ago in this House was to make people happy. It was to allow people to enter into lifelong commitments that brought moments of enormous happiness to them and their families.

That is why public opposition to same-sex marriage has continued to fall away. I have enormous respect for those of my hon. Friends who voted against that legislation but who have now admitted that they were wrong. One by one, Members on the Conservative Benches have stood up and said that they were wrong to oppose the measure, just as some Members have said that they were wrong to oppose civil partnerships. They have seen that the legislation has been an unalloyed force for good.

[Bob Stewart (Beckenham) (Con)]

I was one of those who stood up and said that they had got it wrong. I got it wrong, and I now support the legislation. I agree with this proposal, and I agree with the one on abortion, but the problem is that this is like a crack in the dam. If we crack the dam, more and more things will come through. I do not mind that, because I am beginning to think that we will have to have direct rule. I would like very much for us to consider all the problems in Northern Ireland and to deal with them. If we do not have an effective Executive in Northern Ireland, we are going to have to do that anyway. What we have to realise today is that if we pass these new clauses, it will be the thin end of the wedge and other things will, and should, follow, because they are very important to people in Northern Ireland.

[Nick Herbert]

I commend my hon. Friend for saying once again that he was wrong in opposing the same-sex marriage legislation. I am grateful for that, and I admire him for having the courage to say it. The reason I do not think that this is the thin end of the wedge, however, is that at the end of the day this is about something quite fundamental—namely, equality. I do not think that introducing a measure to ensure and promote equality can ever be described as the thin end of the wedge. I think it is the right thing to do.

Four years ago, the Supreme Court of the United States took a landmark decision that I hope will not be reversed, in the case of Obergefell v. Hodges, to allow same-sex marriage throughout the United States. In the concluding remarks of the lead judgment—which have been much quoted since—Justice Kennedy set out brilliantly why this is the right thing to do:

“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfilment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilisation’s oldest institutions. They ask for equal dignity in the eyes of the law.”

That is all we are asking for the people of Northern Ireland today.

--- Later in debate ---

[Owen Smith]

Let me agree with the hon. Gentleman partly. As I shall talk about in a moment, I do believe that this place should legislate on the late Sir Anthony Hart’s recommendations on historic abuse. I am loth to suggest that there is a hierarchy of rights, but there are certain inalienable universal human rights that should be observed and afforded to people in every part of the world, including Northern Ireland. We are increasingly mindful of the fact that we in this place cannot allow ourselves to be hamstrung by the fact of devolution when it comes to the failure to see those rights observed for and afforded to women and the LGBT community in Northern Ireland. That is why this place, with lots of reluctance on the part of some Members, such as me, who are Unionists but who also believe fundamentally in devolution, is coming to the view that there should now be not just reports but legislation in this place to put in place those rights for Northern Ireland.

I support new clause 1, which was spoken to excellently and eloquently by my hon. Friend the Member for St Helens North (Conor McGinn), who has been a brilliant campaigner on the issue in recent years, and I also support the excellent work undertaken by my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) and, indeed, my hon. Friend the Member for Walthamstow (Stella Creasy) in respect of women’s reproductive rights in Northern Ireland. However, I wish to concentrate on two other issues that have not been spoken about much today but that are addressed in the series of new clauses and amendments: first, the pension for victims of the troubles in Northern Ireland; and secondly, the victims of the historical sexual abuse in care homes in Northern Ireland, which the hon. Member for South Antrim (Paul Girvan) mentioned a moment ago. When I was the shadow Secretary of State for Northern Ireland, I spoke from the Front Bench on these issues and devoted a lot of my time to them, and I shall simply repeat what I said from the Front Bench about what I think we ought to do.

Let me illustrate and humanise the issue of a pension for severely physically disabled victims of the troubles—those people in Northern Ireland who were injured through no fault of their own, of whom there are around 500—by talking a little about the case of a man I have met on many occasions and whom I greatly admire: Peter Heathwood. In 1979, Peter was in his flat in Belfast when loyalist gunmen broke in, dragged his wife down the hall by her hair, and shot Peter twice, paralysing him for life. The configuration of the building in which they lived meant that when the ambulance men arrived, they could not put Peter’s damaged, broken body on to a stretcher, so he was put into a body bag. He was carried down the steps of his flat in the body bag. His father, Herbert, arrived at the scene thinking that his son, Peter, had died, and collapsed of a heart attack and died. Peter has been paralysed and in a wheelchair since 1979, unable to work, and surviving on benefits. He is a perfect, awful and tragic illustration of the reality of the lives of some 500 members of our community, our country, in Northern Ireland who were injured during the troubles. He is a perfect illustration of why this Government—any Government in Northern Ireland or in this place—need to act with compassion and speed to help those people and to offer them a victim’s pension, as has been talked about for so long, to give them the extra support that they need.

Many right hon. and hon. Members, particularly from the DUP, quite rightly point to the difficulty that is at the heart of the reason why this has not been done. It is that, among that 500, there are perhaps 10 people who were injured by their own hand, who, in the course of commissioning acts of terrorism, blew themselves up or shot themselves. The consideration, as always, has quite rightly been that it would be invidious if those people, having tried to perpetrate violence against the state and against innocent victims, were then supported by the state. I completely understand that, but I simply say that people like Peter are getting older. They will die at some point; many people have died in the intervening period. It was back in 2014, at the signing of the Stormont House agreement, that the state in our country effectively decreed that we should be offering this support to those people.

[Bob Stewart]

Will the hon. Gentleman give way?

[Owen Smith]

Let me finish this point then I will gladly give way.

My simple plea is that we must not let the perfect be the enemy of the good in this place. We should legislate to provide for these people. I think that that will happen, and I am pleased about that, but I urge the Secretary of State to get on with it.

[Bob Stewart]

It should not be beyond the wit of man to devise a system where someone who has actually caused damage to himself is not part of this scheme. Peter requires to be compensated as much as possible and as quickly as possible. It may well be that we will be bringing further measures back to the House, because, frankly, it does not look to me like we will get the Northern Ireland Executive up and running within the time period, and it is time for us to take some action to support people in Northern Ireland.

[Owen Smith]

I agree wholeheartedly with the hon. Gentleman. It should not be beyond the wit of man to create some sort of process and a mechanism to do this, but, to date, it has been beyond the wit of the men and women in this place and in Northern Ireland to do so. That is because of the thorny issue of how we define a victim in Northern Ireland. I understand that that is a complex area from which there would be many ramifications, but we really must legislate on this.

Finally, on the victim’s pension, I want to pay tribute to the work of the WAVE group in Northern Ireland, which has been quite brilliant in supporting the victims of the troubles and in pressing the case for a pension. It is doing great work, and I know that the Secretary of State is a great fan of all that it has done. I also wish to pay tribute to Sir Anthony Hart, who, I was shocked to learn in the Chamber today, died just this morning. Sir Anthony was a very distinguished judge who took on a very difficult task in 2012 on behalf of the Assembly to undertake a review into the historical abuse in 22 homes run by the Catholic Church, the Church of Ireland and Barnardo’s in Northern Ireland between 1922 and the 1990s. It was the biggest such inquiry ever undertaken in the UK, and it found that there had been grievous abuse of boys and girls in these homes over a very long period, and he found—he undertook harrowing work—that there should be compensation to the tune of £7,000 to £100,000 paid out to those victims. Sir Anthony died this morning with his work unfinished, with the legislation not passed either by the Assembly or by this place, and that is a badge of shame for politicians in Northern Ireland and in this place. We desperately need to act on this, too, because those victims deserve it; they deserve Northern Ireland’s politicians to do it, but if those politicians cannot, they deserve us in this place to take our responsibility and to legislate here.