Same-sex marriage and abortion reform take another step forward

Author: Sasha WyliePublished 18th Jul 2019
Last updated 18th Jul 2019

Peers have followed in the footsteps of MPs and overwhelming back changes for same sex marriage and abortion laws in Northern Ireland.

The House of Lords supported abortion reform in a free vote by 182 to 37, majority 145.

They also The revised amendment was brought forward to address "technical problems'' with the change to legislation previously approved by the Commons.

The proposal requires the law change comes into force in the new year, although the Government indicated the timescale could cause problems.

Introducing the amendment, Liberal Democrat Baroness Barker said it would ensure women were no longer criminalised for having an abortion in Northern Ireland.

She also said those who had fought long and hard for change were fearful that demands for consultation on the issue might be used to "frustrate the will'' of MPs and said her amendment would not allow for the proposals to be "dragged out''.

But Northern Ireland Minister Lord Duncan said consultation would not be about "whether this should be done'', and only on how the recommendations could be implemented, complying fully with human rights obligations.

Meanwhile, Revised proposals have been agreed to ensure that MP-backed moves to allow same-sex marriage in Northern Ireland can be introduced.

Peers heard the aim of the amendments was to "improve and extend the drafting'' of the changes to legislation overwhelming approved by the Commons, which had "technical problems''.

However, it means same-sex marriage will not come into force until the new year, to allow for the necessary changes to be introduced.

The Northern Ireland (Executive Formation) Bill seeks to again push back reintroducing a law placing a legal duty on Northern Ireland Secretary Karen Bradley to call a fresh assembly election.

This was designed to give the Stormont parties more time to resolve the long-running deadlock in the province and restore the powersharing executive, two-and-a-half years after it collapsed.

However, during consideration in the Commons, MPs agreed a series of changes to the legislation, including liberalising access to abortion as well as same-sex marriage.

Gay marriage is illegal in Northern Ireland, while abortions are only allowed in cases where a woman's life is at risk or if there is a danger of permanent and serious damage to her mental or physical health.

Introducing the revised amendment, Tory peer Lord Hayward, who founded the Kings Cross Steelers gay rugby club, said: "This will enable the Secretary of State to deliver a comprehensive and effective regime of same-sex marriage in Northern Ireland.

"The amendments would also allow the Secretary of State to introduce opposite sex civil partnerships in Northern Ireland.

"This will ensure that all couples in Northern Ireland irrespective of their sexual orientation will have equal rights to enter the form of relationship of their choice.''

The original Commons amendment tabled by Labour's Conor McGinn was to legalise same-sex marriage if a new Stormont executive is not formed by October.

However, under Lord Hayward's amendment the relevant regulations would not come into force until January 13, 2020.

He said: "Pushing back the commencement date for these regulations will allow the Government and the Northern Ireland civil service more time to make the necessary changes to legislation as well mas the essential operational changes.

"Any less time than this would, I understand, jeopardise government's ability to extend the full set of rights and entitlements to both same-sex married couples and opposite sex civil partnerships.''

Lord Hayward also said the amendment contained a measure to protect religious organisations and their representatives from legal challenge if they do not wish to marry same sex couples.

He said: "The world is changing. The same-sex marriage act in this country faced substantial opposition. It's now accepted as a part of life a few years on.''

However, the Democratic Unionist Party took issue with the wording of the legislation around religious safeguards, with the Bill stating the Secretary of State "may'' make regulations when it came to protections.

The party's peers proposed this was changed to "must'', stressing the importance of "religious liberty''.