My Lords, many people listening to this debate, including those listening outside, will hardly believe or understand how a simple Bill for the extension of two dates for the
restoration of devolved government in Northern Ireland could have arrived at a debate on major social issues that impact on the whole community.
We have come a long way in Northern Ireland, and it is right to acknowledge that. The people of Northern Ireland are good people. They have a good heart and, whether people believe it or not, in the midst of the greatest days of darkness and trouble, many—the vast majority—of the people of Northern Ireland lived happily side by side together and were good neighbours. They helped each other when they were in trouble; they worked alongside each other in many different ways. They are also a generous people.
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A noble Baroness said earlier that she wanted to speak for those whose voices are not heard. Let me do so. Let me speak for the voices of the unborn because their voices are not heard. We speak about 100,000 children—people just like your Lordships and me—who are alive in Northern Ireland today who, had the abortion law been brought in, would not exist. Perhaps to some that does not really count, but if you were one of the 100,000 it would count. It would certainly count if your life was spared—if you had the ability to be born into this world, grow up and, with all your hopes and dreams, seek to fulfil them and live a fulfilled life. I speak as a father of five children and 10 grandchildren, and I love every single one of them. We lost one child, though not one of the five. That broke my wife’s heart and mine, but it was not because of any action we had taken.
Abortion is a particularly sensitive matter in Northern Ireland. People have strong views about it. That is not surprising because it is literally a matter of life and death. I take the view that unborn life is precious in God’s sight and should be protected by the law. I realise that not everyone in Northern Ireland shares that view, but I believe that the vast majority of people across the community in Northern Ireland do. Northern Ireland’s law on this matter should be decided by those who represent the people of Northern Ireland; it has been for almost 100 years.
There are not many people elected to represent Northern Ireland in the other place. Eleven of them take their seats. Last week, every one of them opposed what is now Clause 9. That ought to tell this House something. Are they just angry, hateful people trying to destroy people’s lives and trying to destroy women? Is that what it is? When devolved government was in place in Northern Ireland, the Assembly showed that it was ready and willing to consider this issue. It was only in February 2016 that MLAs last voted on it. There were two votes. One was on abortion in cases of fatal foetal abnormality. MLAs voted 59 to 40 against allowing abortion in such circumstances, which was a majority. The other vote was on abortion in cases of sexual crime, and there was an even stronger majority against—this time of 64 to 32.
The daughter of a friend of mine was expecting two children. She was told by her doctor that one of those children could not live and therefore she should abort it. She did not. Both those children are healthy today, enjoying life, going around Northern Ireland, playing
together in their home and enjoying family life. Should she have got rid of that child? She was told to but she did not.
The elected representatives of the people of Northern Ireland, when presented with the question of abortion for these reasons, said no. Those who voted against the changes included unionists and nationalists, Protestants, Roman Catholics and those with no religious label at all. It was a totally cross-community concern. I do not believe that the MLAs were out of step with public opinion. I remind the Committee, as some noble Lords have already done, of the poll conducted in Northern Ireland in October 2018; it cannot be suggested that it was a long time ago. Some 64%, and 66% of women, said they did not want Westminster to interfere in this matter but believed that it was an issue to be settled in Northern Ireland. Yet the Bill is now being used—abused, I suggest—to take this matter out of the hands of the people of Northern Ireland and those who represent them.
I also have a concern about the force given in Clause 9 to the recommendations of the committee on the elimination of discrimination against women under the heading “International obligations”. Clause 9 says that regulations must give effect to those recommendations, but the recommendations of the committee are not binding. The Supreme Court put this very clearly in 2007 when Lord Justice Wilson, giving the majority judgment, said:
“The conventions and the covenant to which the UK is a party carefully stop short of calling upon national authorities to make abortion services generally available. Some of the committees go further down that path. But, as a matter of international law, the authority of their recommendations is slight”.
Clause 9 overstates the obligation that the UK is under, and I believe that noble lords and noble Baronesses in this Committee have overstated that obligation too. There is no international obligation to introduce abortion in Northern Ireland; rather, the obligation, both moral and based on the principle of devolution, is quite the opposite.