: The noble Lord, Lord Cormack, has missed the point of the Belfast agreement. There must be a majority of unionists and a majority of nationalists. I am pointing out to the noble Lord—and I am not going to be deflected from the real issue that is before us we are talking about abortion—but I have to say to him, that as far as the protocol is concerned, and I emphasise it again, not one unionist representative returned to the Northern Ireland Assembly is there to support, or give support, or give credence to the Northern Ireland protocol.
Indeed, the damage to the Belfast agreement is clearly seen because Regulation 2 spells it out for us:
“the Executive Committee of the Northern Ireland Assembly is to be disregarded when determining what a relevant person could do for the purposes of paragraph (1).”
I trust that everyone understands that under this regulation the opinion of the Northern Ireland Executive is to be totally ignored, totally disregarded. Such is the arrogance of those who bring forth these regulations. Indeed, the present difficulties in establishing a new Executive in Northern Ireland are due to many law-abiding people in Northern Ireland feeling that their concerns have been disregarded, undermined and ignored.
This statutory instrument simply adds to such alienation and does grave damage to the restoration of devolution. The Northern Ireland Act 1998 makes it clear that on matters that are significant and cross-cutting, the Executive must take the decision and it cannot be left to an individual Minister to decide. I know that the powers granted to the Northern Ireland Executive are not limitless and that the Secretary of State for Northern Ireland does have power to intervene and
directly administer. However, that power is also limited and is there to ensure that decisions taken are compatible with international law, having regard to the protection of public order or the vital issue of national security.
These regulations change the very substance of the Belfast agreement and the Northern Ireland Act. These regulations permit the Secretary of State to have absolute power without scrutiny or accountability. When the Minister replies perhaps he can tell us where the power of the Minister of Health stops and the power of the Secretary of State begins. If the Secretary of State commands a civil servant in the Department of Health to do something and the Minister of Health gives a contrary command, whose decision does the civil servant obey? Does this not put civil servants in direct conflict with their Minister?
4.45 pm
Regulation 4 states:
“The Secretary of State may do anything that a Northern Ireland Minister or Northern Ireland department could do for the purpose of ensuring”
that CEDAW recommendations are implemented. However, when the Secretary of State makes his decision, does he do so without any specific reference to the cost incurred? We all know how stretched the health budget is, especially with growing demands coming out of Covid, and the appalling waiting lists for hospital appointments and operations the noble Baroness mentioned. Can the Minister tell us how the Secretary of State is held to account for the public funds spent on the implementation of his decisions? Surely this flies in the face of democratic accountability. The Secretary of State, like every other government Minister, must be held accountable for his decision.
In this debate much has been made of the right of the mother carrying the child, but we must not underestimate the stress many mothers feel during their pregnancy nor dismiss their genuine concerns and fears. However, there are competing rights in this issue, and I want in the closing moments of my address to speak about the rights of the unborn child, many thousands of whose voices will never be heard because these regulations ensure that they will never have the opportunity to speak. Some may find that amusing, so let it be. Some will claim that Article 8 of the European Convention on Human Rights conveys a right to abortion, but that is false. The court explicitly stated:
“The woman’s right to respect for her private life must be weighed against other competing rights and freedoms invoked including those of the unborn child”.
In recent days, a number of bishops wrote to the Prime Minister on the vexed issue of Rwanda and the government policy concerning the treatment of illegal immigrants. In their letters the bishops wrote about the shame of such a policy and how
“our Christian heritage should inspire us to treat asylum seekers with compassion, fairness and justice”.
I do not wish to comment on that issue today. However, our Christian heritage should inspire us to respect the most helpless and vulnerable in society: the precious little child in a mother’s womb. The shame is on our country that without compassion, fairness or justice, we do not give such little babies the right to life. Even those with non-fatal disabilities, including Down syndrome,
cleft lip and club foot, can be aborted through to birth. This is in spite of the fact that the other place voted on and approved the Down Syndrome Act 2022. Can the Minister tell us whether these regulations are at variance with the Act in terms of rights and the abortion of a child with Down syndrome? The bishop’s letter goes on to remind us that many of these illegal immigrants
“are desperate people fleeing unspeakable horrors.”
These little babies of whom I speak, even up to childbirth, because of non-fatal abnormalities, can be aborted, but they cannot flee although they struggle and cry against the unspeakable horrors that they are made to go through.
We are not allowed to see this happening, of course, for all this will happen behind closed doors. In fact, under the government legislation for abortion in Northern Ireland, there is no requirement for a doctor to be present or to be involved in the abortion, but now midwives and nurses can provide terminations. In England and Wales, abortions can take place only in hospitals or places approved by the Secretary of State, but not in Northern Ireland.
I have no doubt that, if the public were permitted to see the reality of what happens, there would be a public outcry. These regulations care not about the infants’ cries, nor will we ever hear their plea: “Why must I die like this?” To me, every life is precious. We must not bear the shame of letting these regulations pass. I trust that we can have the courage to reject this statutory instrument.