Northern Ireland (Executive Formation) Bill

Lord Kilclooney Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

The noble Lord, Lord Lexden, referred to the involvement of the noble Baroness, Lady Stowell, in this legislation. I well remember—she might too—that after Third Reading, in the words of gratitude about the passage of the Bill, she emphasised that this very sensitive part of the new procedures had generally been accepted. Let it continue.

[Lord Kilclooney (CB)]

My Lords, concern has been expressed about the future of Northern Ireland. I have been very impressed by noble Lords’ concern about affairs there—it compares very favourably with the lack of interest shown by Members in another place. When these subjects were debated, there was only sparse attendance there, yet hundreds took part in the Divisions. It was quite to the contrary here in the House of Lords, which is a tribute to this upper House of our national Parliament. There has been interest on all sides.

I speak as a strong devolutionist, who feels that it is the only way forward for Northern Ireland. I live among a mixed community of nationalists and unionists, and I know exactly how they feel. I must warn that I am concerned about the deterioration of the situation on the ground in Northern Ireland at this moment. It is not getting much publicity, but I certainly sense it around the Province. Therefore, I ask all Members to treat with great caution the idea of our national Parliament imposing legislation on the people of Northern Ireland on a devolved issue that should be retained by the Assembly at Stormont.

I recognise what my noble friend Lord Empey has stated: many issues in Northern Ireland have been delayed for too long, in education, health and other areas. The noble Lord, Lord Alderdice, agreed with him. He is himself a great devolutionist, but he made the point, quite correctly, that we are drifting towards direct rule, which is a problem. This is a very dangerous political move for this Parliament to make, because I know exactly how the nationalist people in Northern Ireland will react. They will say, “This is the English politicians imposing English standards on the people of Northern Ireland”. That will be the reaction, and it is not a winning formula.

This form of à la carte direct rule is not the answer. We must remember that under the Belfast agreement, where an Executive and Assembly at Stormont fail, there is not just one alternative—namely, direct rule—but a second alternative of the Government calling for a new election to the Northern Ireland Assembly. That may be the way forward, and should that happen—should the Government make this decision—we should recognise that the amendments before this House have within them a conditional timescale. I hope the Minister can answer this question: if these amendments are subject to a timescale, and if—in consequence of the failure of the political parties in Northern Ireland to create a new Executive and Assembly—the Government call for new elections to the Stormont Assembly, how will that affect the timescale in these amendments?

[Lord Bruce of Bennachie]

My Lords, I was pleased to be a signatory to the amendment of the noble Lord, Lord Hayward, and I am grateful to him for introducing it in comprehensive detail. We have had to move at some speed, but considerable work has gone into trying to ensure that we have an amendment that is fit for purpose and delivers the intention: to bring Northern Ireland into line with the law passed for the rest of the United Kingdom.

I take note of what the noble Lord, Lord Kilclooney, says. Elections may be one way of resolving this deadlock and something we may have to resort to. I am not so sure that, on this issue, parties in Northern Ireland will necessarily regard this as something imposed on the people of Northern Ireland by English politicians against their will. The evidence is that opinion in Northern Ireland has moved into line with that in the rest of the United Kingdom. We are not just talking about opinion polls, but specific expression.

[Lord Kilclooney]

On that point, the noble Lord must recognise the political feeling within Northern Ireland. In one respect, he is right in his conclusion, but in another respect, he is totally wrong. Sinn Féin will certainly say that it is opposed to direct rule, and that it is opposed to matters being imposed on Northern Ireland.

[Lord Bruce of Bennachie]

I do not dispute that whatsoever. I am taking the specific issue of same-sex marriage, and on that, Sinn Féin politicians have said that they would welcome this Parliament passing a law to introduce same-sex marriage. Indeed, politicians, leaders and leading politicians of every party bar one have done so. Had the Assembly been sitting, possibly without the use of a petition of concern, it is clear that the law would have been changed. That is also a reason why in the talks, one hopes that the future of the petition of concern will be addressed so as not to block the will of the majority even within Northern Ireland, never mind externally. On this issue, parliamentarians in this House and the other place are perhaps on somewhat stronger ground than they are on the other issue—which we will come to later—in terms of the opinions within Northern Ireland.

As the noble Lord, Lord Hayward, says, the world is changing, and it is changing rapidly. We have not even begun to discuss the issues of gender and gender definition, which are causing considerable controversy right now. However, this issue has in many parts of the world almost become a settled, recognised fact. It is not just about gay rights and the decriminalisation of homosexuality. Although there are far too many countries, particularly developing countries, where the law is way behind the reality, otherwise, the reality is that it is now accepted; it is a custom. It has moved quickly, but acceptance is pretty widespread. It is a fact: people meet people who are married and who are gay. The noble Lord, Lord Trimble, said that it has happened in his own family. We have to recognise that the gay community in Northern Ireland—the noble Lord, Lord Hayward, gave personal examples of friends of his and people from his rugby club—are trapped in a situation where they can see that marriage is readily available elsewhere in the United Kingdom, in the Republic of Ireland, across Europe, but not in Northern Ireland.

While Lord Sumption in his Reith lectures made some questionable challenges to the European Convention on Human Rights, it is arguable—and likely to be a resolution of the Court, if it has not already done so—that the right to a civil partnership and, indeed, a marriage for same-sex couples is a human right. If that is the case, if such a ruling were to be made, the United Kingdom Parliament would have the responsibility to ensure that the people of Northern Ireland have their human rights. It would be better to do it before we had such a ruling, and on the basis that there is a clear will within Northern Ireland for this to happen; and many have said that they expect this Parliament to deliver it.

--- Later in debate ---

[Baroness O’Loan]

My Lords, I have listened with care to everyone who has spoken. I thank noble Lords who have spoken in support of my amendments. I will address a couple of issues before I give noble Lords my decision. There is a democratic deficit. The Minister is right: people are tired of politics. That is why I did not expect a response to the letter which the noble and right reverend Lord, Lord Eames, and I drafted, yet the responses continue to come in.

[Lord Kilclooney]

My Lords, very briefly, it is easy to say that people are tired of politicians; that is the usual trick when debating. But in the most recent election in Northern Ireland, the politicians got a turnout of a higher percentage than five years earlier.

[Baroness O’Loan]

I thank the noble Lord; I am in his debt.

There is a democratic deficit. Noble Lords have acknowledged it throughout this debate. They have all acknowledged their unease at the way they have found themselves forced to do this and they have stressed the unacceptable nature of what they have been obliged to do. Despite that, our people still want a voice. While discomfort has been expressed here about what has been said, there is huge discomfort in Northern Ireland about the imposition of abortion by Great Britain on a people who do not want it. The context is that we are talking life and death issues. That is the difference about abortion: it is the life and death issue of a child, in respect of which, as noble Lords have said, the Assembly had a clear view.

We face Brexit. We started with Brexit this evening and we will end with Brexit. It would not be good to do this to a people who do not want it without at least consulting their MLAs; it would be too reminiscent of the bad old days. Of course, we are all aware of the subtext: that Sinn Féin had two red lines to coming in to the talks, which have now been removed. Sinn Féin may come back but not, I suspect, before this Bill is passed and implemented.

There are so many uncertainties around this Bill. I think the Minister has forgotten about the Istanbul convention; I hope he will come back to me on that.

I ask noble Lords to do as the noble and learned Lord, Lord Mackay, has said: to respect, in so far as we can, the devolved Administration. Our peace in Northern Ireland was very hard won. We still have fears, troubles, bombs and shootings. I ask noble Lords to give a voice to the MLAs in Northern Ireland by supporting this amendment. I do not intend to withdraw it; I wish to test the opinion of the House.