Abortion (Northern Ireland) Regulations 2021

Lord Curry of Kirkharle Excerpts

Wednesday 28th April 2021 Lords Chamber

[Lord Curry of Kirkharle (CB) [V]]

My Lords, the regulations proposed by the Government are deeply troubling for the devolution settlement in Northern Ireland and the lives of the unborn. There is a danger that this regulation will further the damage done by the Northern Ireland (Executive Formation etc) Act 2019 in that instant changes were made without the Executive’s approval because there was no Executive. However, now there is an Executive in Stormont exercising their constitutional right to govern. Do the Government no longer trust the institutions or leaders of Northern Ireland to govern? If the people and parties of Northern Ireland have a different view on abortion from that of this Government, should they not be allowed to form their own laws and regulations?

A Motion was passed by Stormont in June 2020 rejecting the changes that the Government made. At the very least, there is cross-party support for removing the right to abortion in cases of severe foetal impairments. This regulation takes no interest in the views of those representing the people of Northern Ireland. Instead, it assumes that the Secretary of State should be responsible for these decisions. This principle potentially threatens the union. I am sure that voters in Scotland will be taking note.

Furthermore, I have concerns about the implication of this regulation for the lives and rights of the disabled. Paragraph 85 of the report upon which the regulation is based states that severe foetal impairment should be considered grounds for an abortion. However, it goes on to say that this should be done

“without perpetuating stereotypes towards persons with disabilities”.

This is a clear contradiction. If we value the lives of the disabled, we should not also pass laws allowing for the abortion of disabled babies. What does it say to those in our country, and in Northern Ireland, who have a severe disability, as we have heard already? The Government seem to be saying that these lives are less valuable.

Finally, paragraph 86 of the report mentions protecting women

“from harassment by anti-abortion protesters by investigating complaints and prosecuting and punishing perpetrators.”

What forms of anti-abortion protest do the Government deem acceptable to take place in Northern Ireland? Will there still be space for peaceful exercise of free speech?