Northern Ireland (Executive Formation) Bill

Debate between Lord McCrea of Magherafelt and Cookstown and Lord Browne of Belmont

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

[Lord Browne of Belmont (DUP)]

My Lords, I support Amendment 17, to which I have added my name. Once again, we should be discussing a simple administrative Bill, but instead we find ourselves considering one that would impose huge cultural changes on Northern Ireland without the consent of the people and over the head of their devolved Government. I am sure I do not need to remind your Lordships that the Bill is being fast-tracked in a manner that noble Lords who sit on the Constitution Committee have criticised as constitutionally unacceptable.

However, those present for the debates on the Marriage (Same Sex Couples) Bill will recall the protections carefully carved out for religious liberty and free speech. As has been outlined, at present there is nothing in Clause 8 to secure such protections for the people of Northern Ireland. My noble friend Lord Morrow spoke about the need to uphold religious freedoms, but I wish to focus on freedom of expression. It is a right that belongs to everyone in Northern Ireland, regardless of their religion or philosophical views. Proposed new paragraphs (d) and (e) outline fundamental protections for free speech, which go to the heart of any democracy. Discussions about marriage arouse strong emotions, and this is especially true in the context of Northern Ireland, where not only are there large religious communities, but a wider culture that holds more strongly to traditional values around marriage and the family than other parts of the United Kingdom.

There should be absolute protection for such people to discuss and critique same-sex marriage in the classroom, the boardroom and, indeed, in the street. Proposed new paragraph (e) outlines a vital protection in the specific context of educational institutions. Universities, schools and colleges are platforms for discussion, debate and criticism of ideas, and this must not come under threat following any change in the law on marriage.

Earlier this year, robust new free speech guidance was issued for universities in this country. David Isaac, chair of the UK Equality and Human Rights Commission, underlined the continuing importance of this historical principle, saying:

“The free expression and exchange of different views without persecution or interference goes straight to the heart of our democracy and is a vital part of higher education. Holding open, challenging debates rather than silencing the views of those we don’t agree with helps to build tolerance and address prejudice and discrimination”.


I am sure we are all united on the right to free speech and against compelled speech. For these simple and fundamental reasons, I am happy to support Amendment 17.

[Lord McCrea of Magherafelt and Cookstown]

My Lords, I join with my colleagues. I am a signatory to this amendment and rise to support it. Introducing same-sex marriage is a move that has been highly divisive in Northern Ireland. I acknowledge that, as in the rest of the United Kingdom, there are people who hold strong views concerning this. I certainly know that many in Northern Ireland believe strongly, as I do, that marriage is between a man and a woman and is the fundamental building block of our society, and therefore that the definition of marriage should remain unchanged. However, having listened to the debate and that in the other place, I realise that it seems this legislation is going to be forced on the people of Northern Ireland.

In a relatively short period, there has been an alarming abandonment of the teaching of scripture on marriage as ordained by God. This contempt for biblical marriage includes not only the abandonment of it as a divine institution but a direct attack on it in the promotion of same-sex marriage. This is spear-headed in open defiance of God’s moral law, and those who hold to the scripture view are held in utter contempt.

I do not wish in any way to be hurtful to any person, but I also have to be faithful to and express what I believe. That is why I am in this House. I was an elected Member in another place for some 25 years and was certainly known to express—genuinely, earnestly and honestly—what I believe. As a Christian minister, I believe that in Genesis, chapter 1, verse 27, under the inspiration of the Holy Ghost, Moses wrote:

“So God created man in His own image; in the image of God created He him; male and female created He them”.


This is a general statement of the creation of man in God’s image but stressing the distinction of gender. In Genesis, chapter 2, the Holy Spirit gives us further details not only of human creation but of the institution of marriage. The clear message is that God’s intention for marriage was that two human beings would come together. Chapter 2, verse 24, says:

“therefore shall a man leave his father and his mother, and shall cleave unto his wife, and they two shall be one flesh”.

Northern Ireland people have never been consulted on whether they want same-sex marriage. One of our most fundamental social structures is being changed over the heads of those whom it will affect. It is notable that, when same-sex marriage was introduced in England and Wales, strong safeguards were included in the legislation to protect those who did not want to be forced to go along with something they disagreed with. It is vital that the people of Northern Ireland are given the same legal guarantees.

I appreciate the words of the noble Lord, Lord Hayward, and the manner in which he has responded to the amendment. All this amendment seeks to do is address the free speech and freedom of religion concerns that inevitably arise when such a huge moral change is brought in. It will merely establish the same protections that those in the rest of the UK are afforded.

The Northern Ireland (Executive Formation) Bill requires the Secretary of State to introduce regulations to legalise same-sex marriage, but the simple fact is that regulations do not allow for the appropriate level of scrutiny and debate that such a monumental change requires. There is a real danger that, with this legislation and subsequent regulations being rushed through Parliament so quickly, those who object to the new law will be forgotten about and their freedom to disagree threatened.

Those who are against same-sex marriage may feel they have particular cause to be concerned in Northern Ireland if this amendment is not accepted. Even while the law has always been in line with their view, they have seen a Christian-run bakery hauled through the courts for its decision not to support a campaign for same-sex marriage. That case was pursued by a body, the Equality Commission for Northern Ireland, which should be protecting everyone’s freedom. Without robust reassurances, many will feel that the Equality Commission for Northern Ireland’s hostility to those with traditional beliefs about marriage will only increase. For example, many churches, as my noble friend has said, hold their services in community centres or school halls. They need to be reassured that they will not be forced to leave those premises because they hold to the biblical teaching that marriage is between a man and a woman.

The Marriage (Same Sex Couples) Act 2013 in England and Wales states on the face of the legislation that no religious organisation or minister can be compelled by any means to marry same-sex couples or to permit same-sex marriages on their premises. It also contains explicit protections to ensure that any person who publicly expresses disagreement with same-sex marriage cannot be accused of stirring up hatred under the Public Order Act. The Government equalities spokes- person at the time, the noble Baroness, Lady Stowell, said:

“A belief that marriage should be between a man and a woman is undoubtedly worthy of respect in a democratic society”.—[Official Report, 17/6/13; col. 75.]


It is vital that those who disagree with same-sex marriage feel that they are valued members of society and not in any way ostracised by the new law. I and my colleagues believe that this amendment will help that. Maria Miller, the Minister in charge of the 2013 Act, said:

“Whatever one’s view about the marriage of same-sex couples, it is legitimate and the Government will protect the right to express it”.—[Official Report, Commons, 16/7/13; col. 1027.]


This reasonable amendment is the least that can be done.

Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Debate between Lord McCrea of Magherafelt and Cookstown and Lord Browne of Belmont

Monday 13th May 2019 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I thank the Minister for all the additional work he has had to undertake with regard to Northern Ireland. Unfortunately, this has come about because, as we know, there is no Northern Ireland Assembly or Executive to discuss and pass these Motions. However, I think all of us here hope that the ongoing talks taking place in Stormont will prove successful, and that might relieve the Minister. It is vital, however, that these Motions are agreed to protect animals and plants in Northern Ireland from disease, which can be imported from other countries, so I very much welcome the regulations. Northern Ireland has some of the best policies that defend animals and plants from imported disease. When the European Union certificate is replaced by the phytosanitary certificate, it will obviously involve additional administration. Can the Minister say who will bear the additional cost: the importer or the exporter, or will it be passed on to the public? Once again, I thank the Minister for all his work and for keeping the Northern Ireland Peers so well informed about these matters.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I shall follow on from my noble friend. The Minister talked about the consultations between officials from Defra and the Irish Republic. Can he tell the House what consultations have taken place with the Ulster Farmers Union and the other groupings that represent farmers in Northern Ireland, and do they agree with the regulations before the House this evening?

Also, do any of these regulations have any connection with the backstop being demanded by Europe in the present negotiations? If they relate to the present negotiations and the backstop, which is opposed by many within Northern Ireland, certainly my colleagues in the Democratic Unionist Party will have to look afresh at these recommendations.

My noble friend also asked about the burden being placed. Do any of the proposals place a greater burden on the agricultural and business community in Northern Ireland than those in the rest of the United Kingdom? Who will bear the financial responsibility for that?