Sexual Offences (Northern Ireland) Order 2008

My Lords, I welcome the amendment tabled by my noble friend Lord Morrow, and I am thankful for the opportunity to make the House aware of the strong opposition in Northern Ireland to one particular element of the draft sexual offences order. In part, the order has much to offer the people of Northern Ireland, particularly in the protection it affords to innocent victims of sexual predators who prey on the young and the vulnerable. To that extent, I take no issue with the main provisions of the order. It is both necessary and timely. The basis of my personal opposition, and the catalyst for this debate today, is the proposed lowering of the age of consent from 17 to 16. I welcome the report published in February 2008 by the Northern Ireland Assembly in response to the proposed order. As someone who is proud to represent the constituency of East Belfast in that forum, I associate myself with the Assembly’s response; I hope noble Lords have had sight of it and have had the opportunity to take cognisance of it. Since the establishment of the Northern Ireland Assembly, few issues have been as controversial and emotive as this. Nevertheless, when the report of the ad hoc committee was brought before the Assembly, it was passed without dissent. When a subsequent motion calling for the retention of the age of 17 for consent was tabled on 19 February this year, it was signed by over half of all the Members—Catholic and Protestant, unionist and nationalist. That cross-community support in the Assembly is mirrored—indeed, surpassed—by the strength of opposition among the electorate in Northern Ireland itself. As a unionist I take no joy in highlighting differences between Northern Ireland and Great Britain, but differences there are, which do not solely arise from the conservatism of Northern Ireland society, its stronger religious affiliations or some illogical intransigence or refusal on the part of Ulster people to move forward. As we have heard, the percentage of teenagers in Northern Ireland who engage in sex before the age of 16 is less than half that in England and Wales. The incidence of sexually transmitted diseases and the number of pregnancies and abortions in Northern Ireland are also very much lower. We are dealing with different circumstances, different cultural norms and trends. For that reason alone, the maintenance of different legislative provision can be justified. We ask the Government to take note of the opposition outlined and reconsider their order. At a time when there has been widespread condemnation of the subversion of democracy in Zimbabwe, it would be wholly inappropriate to ride roughshod over the expressed wishes of the people of Northern Ireland and their elected representatives. Sexual offences and other criminal justice matters remain a reserved matter yet to be devolved. I hope, as do most unionists within the Northern Ireland Assembly, that they will be devolved as soon as practically possible. The Minister is well aware that greater community confidence and indeed further financial support are necessary before that can happen. The form that a policing and justice department would take and the competences it would have remain to be discussed and agreed. Noble Lords will also be aware of the Sewel convention under which the Government do not legislate for matters that are devolved, or are likely to be devolved in the near future, to the Northern Ireland Assembly. I therefore urge this House to vote for the amendment that my noble friend Lord Morrow has tabled, thereby supporting the right of elected Northern Ireland representatives, with one mind and one voice, to legislate on this issue in good time.