Northern Ireland (Executive Formation) Bill

Lord Deben Excerpts

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

[Baroness O'Loan]

I did not intend to imply in any way that Parliament is not sovereign, but there is no obligation under European law or international law to introduce abortion.

[Lord Deben (Con)]

My Lords, from time to time we have to distinguish between what is utterly true, which is that Parliament is sovereign, and the particular circumstances in which that sovereignty is actually exercised. I am in the position of having been a passionate supporter—contrary to the views of the church of which I am an active member—of same-sex marriage. I do not think that anyone can suggest that I am holding things up because of my views on this. I happen to take a different view from the noble Baroness, Lady Harris, on abortion—perhaps that puts me into a rather special circumstance on this particular issue.

But I want to say to the noble Baroness that it is very difficult for any of us to get inside the minds of many people in the north of Ireland. That is a fact. We face a wholly different community from the communities to which most of us belong. That is true of people of all denominations, as a matter of fact. It is not an easy place to be. The difficulty that we have had of re-establishing devolved rule only shows how hard it all is. I have to say to my noble friend that many of us would like to see more signs of activity from the Government and the Secretary of State. I would like to feel that this was being pressed in a more active way than seems to be true—but perhaps it is being pressed and we do not know, so I do not want to carry that criticism too far.

But I beg people not to think that it is merely a matter of asserting the sovereignty of this Parliament to put through two changes in which they passionately believe—I passionately believe in one and passionately do not believe in the other. It is not just a matter of asserting our sovereignty. That is not how every community in the north of Ireland will see it. It will be seen as us deciding what we think is good for the Province.

Now I find that attractive because I very often want my opinions to be carried through more widely than they are. But we have already stretched the connection between us and the north of Ireland to breaking point over Brexit. I do not want to get into the nonsense that we have actually tried to carry through on Brexit when we ignored the problems of Ireland while going on about Brexit. We have already stretched that connection and are now suggesting that we stretch it even further. As the noble Baroness, Lady O’Loan, so remarkably put it, we are moving into a position in which false moves from us will change the whole nature of Northern Ireland.

There are those who want that and would see it as a benefit. But anyone here who cares about the unity of the United Kingdom should look very carefully at putting their perfectly reasonable personal views in front of the right of the Province to make up its own mind. After all, we specifically gave a series of things to Scotland, Wales and Ireland for people there to make up their own minds about.

[Baroness Harris of Richmond]

What would the noble Lord say to the Royal College of General Practitioners, the Royal College of Obstetricians and Gynaecologists and the Royal College of Midwives, which all agree that this legislation should go through?

[Lord Deben]

I would say that we live in a democracy in which we have devolved these decisions, and they must prove that to the politicians elected for the north of Ireland. If there are no such politicians, the least we can do is to have full consultation in order that they will feel that they have been properly involved. The noble Baroness is saying that we can say to the people of Northern Ireland, “You cannot even be consulted. We are going to take the view of these royal colleges—great though they are—and enforce them on you”. That is not the way to win battles. What happened in the south when people voted, surprisingly many thought, on both these issues is that they had the argument. They had the discussion locally and made the decision locally, and it will therefore stick. It changed people’s attitudes in a way that I was enthusiastic about on one side and on the other side not.

We cannot go around saying on the one hand that we believe in devolution and then when it is convenient, because people take a different view from us, we take the opportunity to enforce something. We have to win the argument—not in London, nor even in Edinburgh and Cardiff, but in Belfast. We have to win it in Derry and in the north of Ireland. I hope that the noble Baroness will go and seek to win it. I may try to persuade people to take the opposite view on one of the issues, but at least we would be talking to the people for whom we are legislating and to whom we gave devolved power. Of all parties who should be on this side, the Liberal Democrats, who have been prime movers on devolution, should think to themselves that devolution means taking the good with the bad. They should recognise that it means that people make up their own minds, whether we like it or not.

[Baroness Harris of Richmond]

The noble Lord questioned me about statistics, more or less, and the number of people in Northern Ireland. It is some time since 2016 when the Government decided that they did not want to change the law. But statistics from the Northern Ireland Life and Times Survey in 2018, just last year, found that 82% of the population polled agreed that abortion should be a matter for medical regulation and not criminal law, and 89% agreed that a woman should never go to prison for having an abortion. Those are significant statistics.

[Lord Deben]

Of all the parties in the country quoting public opinion polls, I should have thought that the Liberal Democrats should be particularly careful. I am not prepared to take public opinion polls—although I would point out to her that nearly 70% of the women of Northern Ireland and more than 65% of all people in Northern Ireland say that this should not be something that the United Kingdom Parliament decides.

So we can all bandy polls, but 2016 is a much more recent democratic decision than the democratic decisions that we have made. We are simply suggesting that, in order for the people of Northern Ireland not to feel that we are dictating to them in areas that are specifically their own, we should have proper discussion and proper concern for their views—and if that is not a Liberal view, I cannot think what is.

[Lord Adonis]

Before the noble Lord sits down, he is an extremely reasonable person, but surely he is missing the fundamental issue: for how long can people be denied fundamental rights simply because there is not an Assembly sitting in Northern Ireland? Of course, we agree with him about the virtues of devolution, but for how long can people be denied those rights simply because it is not sitting? It is two and a half years so far and the clock is ticking. Most reasonable people would think we are reaching the point where Parliament has to intervene if the devolved institutions are not there and working.

[Lord Deben]

I say to the noble Lord: that is in fact what is in the amendment. It enables that consideration to be done; it enables that conciliation to be done in the sense of giving people the chance to say what they think. There is a date on it and I remind him that I said in my own speech, as elegantly and delicately as I could, to the Government that I was not sure that the kind of oomph that we ought to have behind the attempts at the restoration of normalcy in Northern Ireland was there and I hoped that it would no longer look as if it was lacking. So I am not sure that we are very far removed. We are talking about making a decision but with the full respect of the people of Northern Ireland, either through their devolved Assembly or, if they do not have a devolved Assembly, through a form of discussion and understanding which means that people feel it is their decision and not ours.

[Lord Kilclooney]

My Lords, coming from near the border with the Republic of Ireland to listen to the debate today on Northern Ireland, I found the first hour very interesting but alarming—interesting because I am a former Member of the European Parliament and I am interested in Brexit and the debate for and against it, but it certainly was quite irrelevant to the situation in Northern Ireland and the Bill before us.

I have been encouraged by the atmosphere in the Committee in the last hour. It compares admirably with what existed in another place a few weeks earlier, when only a handful of people attended the debate on this Bill but then hundreds came to impose their will on the people of Northern Ireland without consultation. Setting a time limit for the introduction of issues such as same-sex marriage, abortion or whatever—and these are not the issues for debate; the debate is the future of the system of government in Northern Ireland—plays into the hands of some of the extremes that exist in Northern Ireland’s political life. There are unionists who believe in direct rule and who will be delighted to see this Parliament impose a decision on Northern Ireland, and most nationalists are delighted to see direct rule being imposed because they will say, “There are the English, once again imposing their will on the people of Northern Ireland”. So I find myself in agreement with a lot of what the noble Lord, Lord Deben, has just said and I was certainly encouraged by the words of the noble Lord, Lord Murphy—who, almost more than anyone else, needs to be thanked for the Belfast agreement which I have before me today.

This is the basis for the future in Northern Ireland—Catholics and Protestants and people of no religion working together, unionists and nationalists working together. There has been a recognition in the Committee this past hour of the importance of devolution and people working together in Northern Ireland. That was not clear in the other place last week. I hope, therefore, that we will not set a time limit for the introduction of issues such as same-sex marriage and abortion but instead will support the Belfast agreement and the right of the people of Northern Ireland to work together and reach their own decisions.