Northern Ireland (Executive Formation) Bill — House of Lords, 2019-07-17
Topic: Civil Rights
Robert Hayward (Conservative, Centre-right): During the debate on Monday I indicated my willingness and understanding and, I must say, determination to ensure that the protection in Northern Ireland was as it was in England and Wales. In fact, I checked my comments in Hansard earlier today; I could refer to the column but I will not do so. I checked with the lawyers and pressed them very hard—they have been enormously helpful—because I gave that commitment to the noble Lord and his colleagues on Monday. I am clear in my own mind, following serious and quite lengthy discussions, that the amendment as drafted will cover the protection to which I referred on Monday and broadly achieves the protections. I say "broadly" because of the difference between Northern Ireland and England and Wales in terms of certain practices. Because I gave that assurance to the noble Lords, I have checked it out and I am told that the protections, which I know noble Lords were seeking, are there. That is why I do not think the manuscript amendments that they have tabled are necessary I am sorry that this is a lengthy explanation, but this is quite complex and it is important that the House understands the objective of each of the individual subsections on the Amendment Paper Subsection (7) enables the regulations to provide for fees to be payable; for example, for registering civil partnerships and converting marriages to civil partnerships. It also enables the regulations to amend, repeal or revoke primary legislation, including consequential amendments to legislation made by the Scottish Parliament and the National Assembly for Wales. This is to allow the Secretary of State to make the necessary consequential changes to all relevant legislation, some of which may be cross-jurisdictional Subsection (8) ensures that the regulations can also provide for those who are eligible to enter a same-sex marriage or opposite-sex civil partnership in Northern Ireland to do so in a British consulate or on an overseas British Armed Forces base Amendment 15 introduces a new clause after current Clause 9. It provides that regulations made under Clause 8 are to be made by statutory instrument and subject to the negative resolution procedure. I appreciate that it is highly unusual for powers such as these to be subject to anything less than the affirmative resolution procedure and I note the concerns of the Delegated Powers and Regulatory Reform Committee, expressed in its 59th report of the Session. The other place, in accepting Conor McGinn’s amendments, strongly endorsed his approach to extending same-sex marriage to Northern Ireland, including use of the negative resolution procedure. I hope that our amendments have given noble Lords a clearer indication of how the regulation-making power will be used Finally, Amendment 22 makes consequential changes to the commencement provision in Clause 10. It replaces current subsection (2) and clarifies that Clause 8 will come into force on 22 October unless the Northern Ireland Executive are formed on or before 21 October, in which case Clause 8 will not come into force and it will be for the Executive to take forward these measures. That is to prevent the Secretary of State and a reformed Executive both having a power to introduce same-sex marriage and opposite-sex civil partnerships in Northern Ireland I started by saying that the world is changing. The Marriage (Same Sex Couples) Act in this country faced substantial opposition. A few years on, it is now accepted as a part of life: there is no question about that. I then referred to how society was changing in Northern Ireland and I referred to my club tie. We are not allowed to refer to what is seen or heard outside the Chamber, but some Members of the House may notice that there is a similar tie within vision. It is worn by a product of Rainey Endowed School, a school that both noble Lords, Lord Browne and Lord McCrea, will recognise. It identifies someone who is another member of my club, who in their community would benefit from the changes that I propose this evening. I beg to move.