Civil Partnerships, Marriages and Deaths (Registration etc) Bill

Lord McColl of Dulwich Excerpts

Report stage (Hansard): House of Lords
Friday 1st March 2019 Lords Chamber

[Lord Morrow]

There are many occasions on which I disagree with the noble Lord, Lord Kilclooney, but this is not one of them. I could not say it better myself. He has put it very eloquently, and he was one of the architects of the Belfast agreement. It is a flawed agreement, I might add, but it is there. It is not the best structure for good government and it is quite confusing. Even those of us who tried to work within it, and those of us who served as Ministers within it, know how restrictive it is and how complicated it can be. Indeed, when you explain to the general public, they throw their hands up and say, “And that is in the name of democracy”. They bid you well, give you a pat on the back and say, “Carry on in your own wee world”.

Let us be very careful, irrespective of how sincere people might be on any issue. The noble Lord, Lord Hayward, said something that struck me. He said that things are changing in Northern Ireland—and he might be right. I live there and have lived all my life there. In 1973, I went into politics as a local councillor and served for some 40 years—I know I do not look that age, but there you are. I went into the Northern Ireland Assembly, where I served for some 18 years, and I have been in this House for some 12 years. I have some idea of what is happening and of what makes Northern Ireland tick. Today, we say very clearly to this House: give us back the Northern Ireland Assembly and bring every issue that you wish to the table—every issue, even those I might emphatically disagree with.

I finish by saying that I was not one of the signatories to the Belfast agreement, but I had to accept it. When it was put to the people, they voted for it by a very small majority—particularly on the unionist side. As a democrat, I said: the people have spoken and I must listen to them.

[Lord McColl of Dulwich (Con)]

My Lords, when I approach the subject of Northern Ireland, I do so with sensitivity to its troubled history and with an overwhelming conviction that devolution in Northern Ireland is very important. While it is certainly far from perfect, Northern Ireland politics has been greatly enhanced by devolution. Mindful of this fact, the point must be made with respect to the amendment before us today that we cannot start legislating on devolved matters as if we were in a direct rule situation without unsettling and potentially unravelling devolution. If we do so on this matter, a precedent will be set and then there will be pressure to do it in other areas. As the noble Lord, Lord Morrow, said, we cannot cherry pick.

Given the special value of devolution in the history of Northern Ireland, I would not want your Lordships’ House to act in a manner that created new pressures that would make the general unravelling of devolution more likely. Of course, I accept that at some point in the future there may have to be a decision to reintroduce direct rule, but we are not there yet and it would be wrong for your Lordships’ House to act in a way that does anything to revive direct rule practices, with all the attendant constitutional implications, by way of precedent.

In making this point, I should say that I have spoken to my noble and learned friend Lord Mackay of Clashfern. He regrets that he cannot be here today, but has given me permission to quote him in saying that,

“for so long as a matter is devolved, notwithstanding the current difficulties, it would be quite wrong for your Lordships’ House to pass legislation in relation to it”.

Mindful of these considerations, while today’s debate has served the useful purpose of putting these matters on record, I hope very much that the amendment will be withdrawn.

[Baroness Brinton]

My Lords, I thank the noble Lord, Lord Hayward, for his amended amendment, which is helpful for the House. It addresses some of the issues raised by the noble Lord, Lord Morrow, in that it covers both the reconstitution of the Assembly as well as what happens if there is not one.

I will make one further point. I completely understand that the Belfast agreement and the devolved Assembly are very important, but there is also an issue here about human rights. It is extraordinary that one community in the United Kingdom cannot have the same human rights that are available in England, Wales and Scotland. In the debate on the previous amendment, the comment was made that it has now been five years since the same-sex marriage Act was passed. Many friends of mine in Northern Ireland recognise that things have certainly moved on, and they completely understand and echo the sensitivities about what is happening in Northern Irish politics at the moment and the deadlock around the reformation of the Assembly. But there are people there who do not have the same basic human rights as other citizens of the United Kingdom. At the very least, this amendment serves to highlight that once again.

Whether or not the amendment is pressed today, I certainly hope that the message can go back to politicians in Northern Ireland, as well as in your Lordships’ House, that this is a live issue for people who feel that they are being disadvantaged—worse than that, they cannot profess their love for one another in the way which many others can thankfully now take for granted.