Northern Ireland (Executive Formation) Bill

Lord Hayward Excerpts

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

[Lord Hayward (Con)]

My Lords, perhaps I may help to expedite matters at this point. I listened to the contribution from the noble Lord, Lord Morrow. It is important to note that we have disagreed on a number of aspects of the legislation over the past few days and will probably continue to do so. However, on this matter, as far as I am concerned, the intention is to take the protections we have both for those who hold religious views and individuals on the other side who may have particular views, and protect them as well. We are talking here about the same thing: taking what is essentially in place in England and Wales and transferring it across to Northern Ireland. I have no idea of precisely what the Minister is going to say, but it is my view and that of others from where we stand.

[Baroness Barker (LD)]

My Lords, I speak as someone who has had the great joy of recently being married under the legislation as it applies in England and Wales. I simply observe to the noble Lord, Lord Morrow, that, as someone who wished to be married, I had absolutely no wish to do so in a place or in circumstances that other people would have found offensive. That would have been deeply offensive to me. I wished to celebrate in my community, and I did. I was quite happy to abide by the laws of this country, which insist that my marriage had to be completely secular. It was a wonderful, wonderful experience and I hope that many other people, including my brothers and sisters in Northern Ireland, will be afforded the similar dignity.

Like the noble Lord, Lord Hayward, I think we are closer on this than we are on other issues, but my one concern is this. It is to be found in proposed new subsection (1A)(e) in the amendment, which refers to education. I understand that in the preceding proposed new paragraphs, the noble Lord, Lord Morrow, seeks to obtain the same provisions that obtain in England and Wales, but I am not sure that how the proposed new paragraph is worded is exactly the same. It may go further, because in England and Wales we debated the matter of schools elsewhere. I simply say to the noble Lord that I have concerns about that aspect of his amendment, but I hope that the Minister will be able to accept the majority of what the noble Lord has put forward and address this matter in his response.

--- Later in debate ---

[Baroness Barker]

I am suggesting that these matters could have been put before Members of the Assembly. Indeed, as has been said, they have already been put before the Assembly, which failed to move them forward. I return to the point I made in earlier speeches. At the moment, there are people in Northern Ireland losing hope because no one is expressing views about the things affecting their lives. The amendment simply returns those people to a counsel of despair.

[Lord Hayward]

My Lords, I will briefly follow the noble Baroness, Lady Barker, and echo what she said about blocking amendments. I take the point made by the noble Baroness, Lady O’Loan, about time pressure, but there is what one might describe as somewhat unparliamentary or unlegislative language in the first condition. The amendment then goes on to refer to,

“the proposals in each of the regulations”—

in other words, you consult on each regulation individually with each of the MLAs and other people. Therefore, the effect of this amendment is not to have a broad consultation. In reality, it is a blocking amendment. That is the only way this can be read, even if one reads it as having been drafted in the inevitable speedy circumstances to which the noble Baroness, Lady O’Loan, referred.

I was trying to be helpful on the previous amendment. On this amendment, I am afraid that I find myself looking at what I regard as nothing more and nothing less than a blocking amendment.

[Baroness O’Loan]

Does the noble Lord not recognise the difference between the people of Northern Ireland having some form of consultation with their elected representatives and a blocking amendment? This is not a blocking amendment.

--- Later in debate ---

[Lord Hayward]

I do recognise the difference. It is in the noble Baroness’s own words, “some form”. The form in which this is laid out is quite specific, and it is no more and no less than a blocking amendment.

[Lord Duncan of Springbank]

My Lords, this has been a challenging discussion. I will be very clear. We have received from the other place an instruction on a free vote where it was a matter of conscience. No party set out to move this matter forward. It belonged to no party in particular; it was a free vote. We have received a clear instruction; indeed, the majorities were very significant on this matter. It is therefore important that we recognise that we have an obligation to fulfil.

On that basis, we will not be able to support the amendment as put forward. I will briefly explain. Consulting the MLAs does not absolve us of the responsibility of ensuring that the amendment is delivered in a practical, workable and timely fashion. Those are the instructions that we have received from the other place and those are the instructions that we shall follow. On that basis, we will hopefully be able to move this matter forward.

I do not doubt that many views will be expressed on this, and that is important. Indeed, I suspect that the noble Baroness and I agree that this would be far better resolved by the Executive reforming. That is the purpose of the talks. If that Executive can reform, this matter can be addressed in Northern Ireland. Get the Executive reformed. On that basis, I hope that the amendment can be withdrawn.