My Lords, it is impossible to have a pick-and-mix constitution. I approach this entirely from a constitutional point of view. My views on abortion are similar to those expressed by the noble Lord, Lord Alton, in his very thoughtful and thorough speech, but I do not want to follow him along that road.
As a democrat and a constitutionalist, I accept that abortion is entirely legal within England. I accept that it is entirely legal within Wales and Scotland. I accept, although I deeply regret it, some of the legislative moves on the gender issue that are being made in Scotland. All those years ago in Parliament I opposed devolution for Scotland, but that is over and done with. We are where we are. Therefore, we accept that the United Kingdom is united with the United Kingdom Government on the great issues—foreign policy, defence, et cetera. However, if we accept that we have devolution, it cannot be pick-and-mix devolution. Therefore, it is wrong for us to dictate to the people of Northern Ireland, whose views, so far as we can assess them, as referred to by the noble Lord, Lord Alton, a moment or two ago, indicate that they do not want this. We may think that is benighted. Many of your Lordships may think that it is wrong and would be entirely justified in taking that view.
But we have devolution. It is very important indeed that Northern Ireland gets its act together. We would not be debating this today had there not been three years without a proper Assembly and Executive in Northern Ireland, and we are now in another period where we do not have a functioning Executive. As one who loves Northern Ireland and got to know it fairly well when I was chairman of the Northern Ireland Affairs Committee in another place, I deeply regret this. I would say to my many friends in Northern Ireland that they should, please, get their act together—but we in this United Kingdom Parliament should not take back powers that we have devolved. That is what we would be doing; indeed, it is what we have done already.
Let us not forget that Northern Ireland has a much longer history of devolution than any other part of the United Kingdom, going back 100 years. We have decided that Northern Ireland should have autonomy in certain areas; for example, it should be responsible for its education and its health. I greatly admire my noble friend the Minister; he has done a great deal for Northern Ireland and relations within the United Kingdom, and he is a man with whom I do not disagree
lightly. However, in all conscience—fundamentally this is both a constitutional issue and an issue of conscience—I cannot accept what the Government are asking us to do today.
I suspect a significant number of your Lordships will take a different view—that, of course, again, I respect —but I come back to where I started. If you have devolution, and devolve certain things to the constituent parts of the United Kingdom, you cannot mix and match. You have to be consistent with your principles. I believe that the only way of being consistent with our principles in this is not to support what my noble friend advanced but to support the line taken by the noble Baroness, Lady O’Loan, in her amendment.