My Lords, I assure the noble Lord, Lord Morrow, that I have no intention of becoming King James III, and can I assure the noble and learned Lord, Lord Mackay, that I am only too well aware of the defective drafting of Amendments 10 and 11. It was no part of my purpose to abrogate the proper operation of the law. I was simply advised by the Clerks that, because of the limits of the current Bill, it was not possible to have a straightforward proposal in it to legalise abortion and equal marriage, so in order to enable a debate to take place, the amendments were moved in the form that they were. However, I recognise that the noble and learned Lord does not intend to press his amendment, and nor do I intend to press mine. As the Minister rightly said, I was simply seeking to set down a marker for what the Northern Ireland Assembly will need to deliberate on—assuming there is an Assembly. I need to say in conclusion that if there is not a Northern Ireland Assembly within a reasonable
period of time, I do not see how this Parliament can abrogate its responsibility for maintaining fundamental human rights in Northern Ireland.
11.15 pm
The suggestion of the noble Lord, Lord Alderdice, of a referendum is an interesting one, which I am glad to hear the Minister say he is prepared to discuss further. After the experience of the last few years, I am not wildly enthusiastic about referendums. I note that the reason why the referendums on equal marriage and abortion needed to take place in the Republic of Ireland was that its own constitutional provisions enabled the constitution to be amended only by means of a referendum. I hope that these matters can be resolved by the Northern Ireland Assembly but if it cannot, a way will need to be found to resolve them. I do not believe that your Lordships’ House or the other place, on the basis of the vote in the House of Commons last week, will be prepared to see the existing law continue for long. On that basis, I beg leave to withdraw my amendment.