Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

My Lords, perhaps I may presume to introduce one other aspect to this debate that is of great importance to the people of Northern Ireland. Shortly before my retirement on 31 December as Archbishop of Armagh and Primate of All Ireland, I found that it was my duty to join episcopal colleagues in drawing the attention of the general public to the tremendous concern that we as bishops felt about the manner in which the process of legislating in this place and in the other place for Northern Ireland was being followed. We had to make our concerns public for the simple reason that we believed that some of the process that was being adopted by Her Majesty’s Government in relation to Northern Ireland was in every sense a denial of rights. This debate, while it has so far centred on doctrine and personal religious beliefs, is an example of what can happen when the Government follow a certain process through Orders in Council and regulations, as is the case this evening. What I am speaking of has nothing to with party politics or denominations. It is something that should be of genuine concern to this House, particularly to those who do not come from Northern Ireland, but who in England and Wales will shortly, so we are informed, have to engage in a debate of this nature. Over a wide range of subjects, not least this present one, current procedures place some of us in an impossible situation, where we agree with large sections of legislation—where we agree with the spirit of it and recognise that it has to do with human dignity and equality—but cannot do otherwise than challenge other parts of it. The process to which I am referring denies us the opportunity to do that. To support such proposals in total denies our rights to question or amend. I shall illustrate this dilemma, which I and others feel tonight, with reference to some current legislation that has, or will, come before this House. The main churches in Northern Ireland—the Church of Ireland and the Roman Catholic, Presbyterian and Methodist churches—received the consultation documentation on 29 July and a response was demanded by25 September. Noble Lords will recognise that this was a major holiday period, when anything akin to a full response was impossible. If the views of the main churches were of interest to the Government and were genuinely sought on such an important and sensitive issue as this, which has to do with dignity, equality and justice, how were we expected to respond with integrity? Consequently, we find ourselves this evening supporting much, but unable to press our concerns on parts that are unclear and a source of deep anxiety to many Christians in Northern Ireland. Of equal importance to this concern on the consultative process on Orders in Council are the following examples. A huge document was received for consultation by the churches on charities review. Views were invited, we were told, on 7 July and expected by 13 October. On the adoption law, views were invited on 4 July and a response demanded by1 September. A mammoth amount of paperwork on education was received on 28 November for a response by 19 January. In addition, at any one time, my colleagues and my staff were dealing with several such requests at the one time. How can those of us wishing to support fair and detailed analysis of important legislation, but who are confronted by such restricted timescales, convince people of the merits of good government? As noble Lords know, unlike most legislation, neither Orders in Council nor regulations can be amended and they are denied full parliamentary scrutiny as I understand it. Surely where such situations arise there is an additional legal and moral burden on the Government to be seen to provide reasonable additional consultation, in the name of good government. In Northern Ireland, where the onus is placed on this House and the other place in the absence of a local Assembly, surely that moral responsibility is even more important. I believe that the Government should have instructed civil servants along those lines. It is also obvious that broadly similar legislation applying separately to Northern Ireland and to the rest of the United Kingdom are accorded different response times in different parts of the kingdom, to the disadvantage of the people of Northern Ireland. It prompts me to ask: what if the regulations proposed for England and Wales ultimately differ in any manner from those proposed for Northern Ireland? What will be the result for the United Kingdom as a whole? That is a very serious possibility, which I ask this House to take into consideration. The churches play a vital role in charities, adoption procedures, education and now equality issues. I believe that we do not have to defend the role that we have played or the voice that we have given to the population on these issues. These issues have an impact on the life of the voluntary sector and the wider community, and much of the legislation on those other areas is to be welcomed; equally, however, much of it is controversial and deserves much closer scrutiny than is possible under our present procedures. It gives me, after my years of public service, no pleasure to make those points. But I appeal to the Government to recognise the dilemmas that the current procedure presents to many of us, including myself. Should it be the case—I say, should it be the case—that fast-tracking controversial legislation is simply a lever to force the restoration of devolved government for Northern Ireland, I would have very serious concerns. Be that as it may, a serious consequence of the current methods of making law for Northern Ireland is to leave open the way for such perceptions to prosper. In my years of experience, if I have learnt anything, it is that—I think that those noble Lords who have served in the Province would agree with me—perceptions can become realities overnight. In the interests of good government, that is surely highly undesirable. This debate illustrates the consequences of that lack of scrutiny. It poses very serious issues, irrespective of the detail of the subject matter covered by the regulations. I suggest that the way in which this is being done, in any democracy such as ours, poses very serious issues, and I for one felt bound to express those concerns to the House.