Northern Ireland (Executive Formation) Bill — House of Lords, 2019-07-10
Topic: Civil Rights
Robert Hayward (Conservative, Centre-right): My Lords, I rise to debate an issue affected by the amendment brought forward in the Commons yesterday by Conor McGinn. I think it is widely recognised in this Chamber that I have been working with Conor McGinn on changing the law on same-sex marriage in Northern Ireland. I will continue to do so and will refer back to that in a moment I share the regret expressed by a number of noble Lords, on all sides of the House, that this legislation is necessary. We have now been running for some two-and-a-bit years without any form of effective governance in Northern Ireland. The noble Lord, Lord Morrow, was absolutely right to list that positive litany of issues that have not been dealt with. Having said that, Northern Ireland continues to move on—it moves forward and changes I referred in a previous debate to my own relatives from Northern Ireland, with whom I was this weekend. Some of them have moved to Northern Ireland for the first time in their lives and are thoroughly enjoying it. They find Belfast a vibrant, positive city; those who have lived there previously are overwhelmingly positive about the changes they have witnessed there over their lifetime. I shall take pleasure in being in Belfast next month and, possibly to the satisfaction of a number of Peers who have already spoken or may be speaking, at Ravenhill later in the year with members of my family cheering on Ulster against some opponents, whoever they may happen to be. I know where my heart lies: with the view that we should not have to deal with this legislation. But the reality is that we are, and we have to deal with something as this cannot go on forever I will not go over many of the points that I raised during debate on the Private Member’s Bill, or the amendments I have pursued to other Bills since I first introduced a Private Member’s Bill in March last year, in common with Conor McGinn. I have spoken on five different occasions on the subject and it is therefore self-evident that I welcome the vote that took place. However, the noble Lord, Lord Morrow, raised a particular point, and the noble Lord, Lord Empey, referred to not being sure where people have been. On 1 March, when I withdrew an amendment to another piece of legislation, I made it absolutely clear that I would be seeking another vehicle to move the amendment introducing same-sex marriage in Northern Ireland. That is the phrase I used, and this is another vehicle. An amendment was debated in the Commons—for which there was a substantial majority; one might even describe it as massive—that included a section on the deferment of implementation. When I originally introduced our Private Member’s Bill it had no clause acknowledging that there might be the opportunity for some form of decision-making in Northern Ireland, so I introduced a period during which, if a Government returned to Northern Ireland, they would have the opportunity to confirm that decision—or not Time has, however, moved on. I withdrew that amendment on 1 March, and it is now some four months, or 120 days. It is worth noting that at the date in the amendment, 21 October, it will be 1,008 days—I apologise if I am one or two days out—since there has been an effective form of government in Northern Ireland. I repeat the question I have asked on other occasions: how much longer should people wait? When I introduced the Private Member’s Bill on 27 March 2017, there were people listening in the Gallery who were waiting to get married in Northern Ireland. Why should they be denied a right that applies to people in other parts of this country? I do not believe that should be so With regard to our workings, the noble Lord, Lord Morrow, referred to the possibility of consultation. I listened at length to yesterday’s debate in the other place. This, however, is the first time that we have discussed consultation. On all the other occasions I have been told no, no, no—it is the responsibility of Northern Ireland. There has to come a point when, sadly—sadly because it is not right that we should be legislating in this place—we have a duty to tackle some of Northern Ireland’s issues We can discuss in detail the form of amendments that I hope will be brought forward on Monday. I want, however, to raise a particular point with the Minister. I know that there was a different Minister when we debated previous amendments or Private Members’ Bills. In the other place, the responsible Minister, John Penrose, said yesterday on same-sex marriage, that, "there are many policy questions to be worked through that have not yet been properly considered for the Northern Ireland-specific context, which might require a different response from the one in England, Wales or Scotland … they should bear in mind that it may need substantial further work before it can achieve its intended effect".—[Official Report, Commons, 9/7/19; col. 222.] I understand that point, but when I withdrew the amendment on 1 March I did so because I had been told that the amendments were not available to the other pieces of legislation. I would like—not necessarily this afternoon but when we get to amendments on Monday—an indication of how much progress the relevant government departments have made in preparation since Conor McGinn and I introduced our Private Member’s Bill, and particularly since 1 March, when I indicated that the sole reason I was withdrawing the amendment was that we were told that it would, in effect, stop the rest of the private Member’s legislation, to which my amendment was attached Just as we cannot go on waiting for an Executive, we cannot go on waiting for a Government to say, "We need more time to draft and redraft bits of legislation" that I recognise are relevant to any change to same-sex marriage legislation. I shall not delay the House further; my views are well known. I disagree with some in this House. I think this House overwhelmingly shares my view that it is about time that same-sex marriage operated in Northern Ireland in much the same way it does in England, Wales and Scotland. I hope to pursue the matter further on Monday, when amendments are discussed.