Abortion Regulations: Northern Ireland

Jeffrey M Donaldson Excerpts

Thursday 4th June 2020 Commons Chamber

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the abortion regulations for Northern Ireland.

[The Minister of State, Northern Ireland Office (Mr Robin Walker)]

As the Minister responsible for this policy area, I shall answer the question.

The Government originally laid the Abortion (Northern Ireland) Regulations 2020 in Parliament on 25 March on the provision of abortion services in Northern Ireland. The regulations came into force on 31 March 2020 and became law on access to abortion services in Northern Ireland. The regulations were originally required to be debated by 17 May to remain in force as law. However, the unprecedented situation created by covid-19 has impacted on parliamentary processes, and virtual voting systems were not yet fully implemented in time for the regulations to be debated in both Houses. Therefore the Abortion (Northern Ireland) (No. 2) Regulations 2020 were laid and came into force on 14 May, revoking the earlier regulations. That gives Parliament an extra 28 days to consider and scrutinise the regulations properly, given the nature of this policy.

This approach has ensured that the law on abortion in Northern Ireland itself, a requirement specified by the House in the Northern Ireland (Executive Formation etc) Act 2019, continues to apply with no risk, gap or legal uncertainty, and services can continue on the same basis in Northern Ireland as they are currently operating. The regulations are due to be debated in the House in a Delegated Legislation Committee on Monday 8 June and in the Lords after that. I understand that a committee has been empanelled to consider the regulations. I welcome the fact that the right hon. Gentleman’s party will be represented on that committee so that its voice can be heard. That will be the appropriate time for a full debate on the regulations.

[Sir Jeffrey M. Donaldson]

I thank the Minister for his response. When this House voted for section 9 of the Northern Ireland (Executive Formation etc) Act, it was argued that Parliament had the right to legislate on abortion in Northern Ireland in the absence of a functioning Assembly. However, that Assembly has now been restored for almost five months, so it is absolutely not the right way forward for Parliament to vote on the regulations. That point is greatly strengthened by the fact that not only has the Assembly been restored, but on Tuesday this week it voted in a motion by an absolute majority to reject these unamendable regulations. An absolute majority of the Assembly of 90 Members voted to reject them. The will of the people of Northern Ireland has spoken.

The Government have said that their hands are tied because the law is clear: they must bring the regulations forward for a vote in Northern Ireland. However, having taken legal advice at the highest level, I discovered that the law is not at all clear on that. There is actually as good a legal argument that the Government are under no such obligation. In that regard, I note the submissions of huge importance to the Secondary Legislation Scrutiny Committee from two QCs who also argue that the Secretary of State is under no obligation to press the regulations to a vote. To do so will fundamentally breach the devolution settlement and cause a constitutional predicament of the Government’s own making.

The Secretary of State would also be well advised not to bring the regulations to a vote because they sanction abortion for non-fatal disability up to birth, something that around 75 Members of the Assembly this week voted against. It is unthinkable that the Government should present such a discriminatory provision, which was not even required by CEDAW.

As Heidi Crowter, the very powerful disability rights campaigner with Down’s syndrome has said:

“I would now call on the Government not to ask MPs and peers to vote for regulations that contain discriminatory provisions that tell people like me that we should not exist.”

I today would do the same. The Government should withdraw the regulations, respect the fact that devolution has been restored and, rather than seek to further undermine devolution, allow the Northern Ireland Assembly its rightful place to legislate on its own abortion law.

[Mr Walker]

I recognise that this is an issue on which the right hon. Gentleman and his party, as well as many others in Northern Ireland, have deeply held views, and I know that it is an extremely sensitive issue that many across the House have a deep interest in. I do not intend to rehearse matters of detail that we will rightly address in the Committee that has been convened to scrutinise the legislation.

The Government were placed under a statutory duty to deliver abortion law for Northern Ireland by implementing the recommendations of the CEDAW report. That duty came into effect, given that the Executive was not restored by 21 October 2019. That followed many months, if not years, of the issues receiving ongoing attention at Westminster on human rights grounds, including parliamentary questions, Committee inquiries, amendments to other legislation requiring the Government to report, and so on, leading to this particular amendment being voted through with a significant majority.

The statutory duty in section 9 of the EF Act did not fall away with the restoration of the Executive, nor with the making of the initial regulations that came into force on 31 March 2020. That is why we have had to re-lay the new regulations. Even if the regulations had not been approved by Parliament in time, or the deadline had not been met, the Government would still be under a statutory duty to introduce new regulations.

We have always been clear, when we consulted on this, that the consultation was about how we would deliver an abortion framework for Northern Ireland in line with the statutory duty that Parliament placed the Government under. It was not on whether the Secretary of State should be exercising this duty in the first place. That matter was decided by this sovereign Parliament. We think that, following the consultation and the publication of the Government’s response to that consultation, we have struck the appropriate balance in providing a framework that can be effectively commissioned in Northern Ireland and meet the needs of women and girls, as well as providing certainty and clarity for the medical professionals providing the service. We have always been clear that, in doing so, we would be respectful of the restored devolved institutions.

We hope that the regulations provide a solid framework for abortion services to be provided within Northern Ireland, although I appreciate that this remains a devolved issue and the Assembly can amend the regulations in future, subject to the usual Assembly and other procedures, including compliance with the European convention on human rights. Repealing section 9, which I know some in the right hon. Gentleman’s party have asked for, has never been a viable solution. This would have required primary legislation before Westminster, which would have been subject to a free vote on grounds of conscience, but we would still have a legal obligation to propose an alternative human rights-compliant model by 31 March to ensure we complied with convention rights.

Similarly, if the Executive and Assembly were to legislate for an alternative approach, it would still be required to be human rights and convention-compliant. I recognise that the Assembly did debate one aspect of the regulations on Tuesday—severe foetal impairment—and passed a motion stating that it does not support the provision allowing for abortions in cases of severe foetal impairment without time limit. While I respect the Assembly’s right to state its position on this, it does not have any bearing on the legal obligations that have been placed on us by this Parliament. Unfortunately, the motion that the Assembly debated and backed proposed no solution that would deliver a CEDAW-compliant regime in this regard.

The sensitive issue of severe foetal impairment has long been debated over many years right across the UK, and I recognise the strength of feeling on all sides of the debate, many of which have been expressed in this House over recent years. The Government are, however, under a clear statutory duty to allow for access to abortions in cases of both severe foetal impairment and fatal foetal abnormalities, and this is what we have delivered. This is also consistent with the provision in the rest of the UK under the Abortion Act 1967. We consider the regulations in this regard to be compatible with the requirements under the United Nations convention on the rights of persons with disabilities.

We recognise that these are difficult decisions, particularly so far as fatal foetal abnormalities or severe foetal impairment are concerned, which often occur late in wanted pregnancies, and it is right that women have the time to be able to make individual informed decisions, based on their own health and wider circumstances, in consultation with medical professionals. Putting in place proper support and provision of information to support women in making these informed decisions, including where women want to carry such pregnancies to term, is an operational issue for the Department of Health in Northern Ireland to take forward, as part of commissioning and overseeing abortion services as a new health service, consistent with the regulations. We have written to the Department on this point and stand ready to support it.

The Government stand ready to provide whatever support and guidance we can to both the Northern Ireland Minister of Health and the Department of Health to assist them in progressing work to set up these abortion services in line with the new legislative framework. I look forward to debating the detail of that framework next week.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 13th May 2020 Commons Chamber

[Brandon Lewis]

We are aware of that issue, and I hope to be able to outline exactly how we are dealing with it very soon. It is something we are aware of and looking to rectify.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP) [V]]

Further to the question from the hon. Member for Sheffield, Heeley (Louise Haigh), it is also the case that Northern Ireland citizens who hold a Northern Ireland driving licence cannot use that document to verify their claim for support from the self-employed income support scheme. Clearly, that is entirely wrong. It means that self-employed people in my constituency are being disadvantaged and cannot make their claim or have it verified. Will the Secretary of State liaise with Her Majesty’s Revenue and Customs and the Treasury to ensure that Northern Ireland driving licences are an acceptable document for the purposes of verification for the self-employed scheme?

[Brandon Lewis]

Yes, I am happy to work with the right hon. Gentleman to see whether we can find a logical, sensible and swift solution to that challenge.

[Sir Jeffrey M. Donaldson]

Can the Secretary of State advise us what additional funding he is seeking to support the Northern Ireland economy, as we hopefully emerge from lockdown over the next few weeks and months? He will be aware of the situation with our economy, as with the economy across the United Kingdom. We are all anxious to know what additional support might be available from the Treasury for the recovery of our economy in Northern Ireland.

[Brandon Lewis]

The right hon. Gentleman makes a good point. It is hugely important that we are ready, as we come out of lockdown, to not just recover from the economic situation with coronavirus but then turbocharge the economy across the United Kingdom, and particularly in Northern Ireland to see the economy flourish and grow. We have given £1.2 billion to the Northern Ireland Executive through the Barnett consequentials. That is on top of the UK-wide schemes, such as the job retention scheme. The Treasury and the Chancellor continue to look at everything we need to do to support businesses, people and every part of the United Kingdom as we come through this, and to ensure that we come out of it in a way that will allow our economy to re-flourish and grow in the future.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 18th March 2020 Commons Chamber

[Mr Walker]

The Government are under a clear duty to deliver abortion reform for Northern Ireland, consistent with section 9 of the Northern Ireland (Executive Formation etc) Act 2019, which requires that evidence-based protocols are adopted for the provision of services in Northern Ireland. Those regulations will be laid, and the deadline for that is the end of this month.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

In the current circumstances, the priority of my party is to protect human life, including that of the unborn child. The Minister will be aware of concerns expressed by members of my party, including the First Minister, about the decision to press on with regulations on abortion in Northern Ireland, despite the Assembly being restored and this being a clear breach of the devolution settlement. Will the Minister heed the calls from Northern Ireland politicians for this matter to be dealt with by the Assembly, not this Parliament?

[Mr Walker]

I recognise the strong views on all sides on this issue. I also recognise the constitutional challenge, but the deadlines within which we have to act were clearly set by Parliament. It was clear that if the Assembly was not in place by the deadline in October, the Government would be under a legal obligation to lay the regulations by March. That is the obligation under which we are acting.

St Patrick’s Day

Jeffrey M Donaldson Excerpts

Tuesday 17th March 2020 Commons Chamber

[Jim Shannon]

The hon. Gentleman is right. The Irish Guards have drawn their numbers from the north and the south, and they have done so over many years. The colonel of the Irish Guards is Simon Nichols, who, at the minute, is serving in Belize. He is a very good friend of mine and also happens to be one of my constituents. He and his wife and family are in Belize for a three-year sojourn. I am very pleased to highlight the good work of the Irish Guards.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I welcome my hon. Friend’s speech and the debate. Does he agree that Her Majesty the Queen has played a very important role in recent years in promoting reconciliation between the British and Irish people? There is a former order known as the Order of St Patrick, which was once awarded in recognition of the contribution that men and women make to relationships within our islands. Would it not be appropriate for Her Majesty to consider reinstating that order?

[Jim Shannon]

My right hon. Friend and colleague has suggested something that perhaps the Minister of State could respond to in a positive fashion. I know that he will do so if he gets the opportunity. [Laughter.] I am sorry—I will give him the opportunity! I think that I may have been misinterpreted.

I have had the opportunity to attend, with the Friends of St Patrick, Irish Fest in Milwaukee over the years. There has been a really determined attempt to ensure that there are balanced and respectful accounts, and I welcome that.

Having spoken about the religious aspect of St Patrick, which is really important to me and to many others in this Chamber, it is also important to look at the tourism aspect, and I want to speak about that if I can.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 5th February 2020 Commons Chamber

[Mr Walker]

My hon. Friend raises some important points. Northern Ireland’s tourism potential is enormous. I can confirm that, as was previously committed, the Government are reviewing the devolution of APD, and that review is ongoing.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

We welcome the success of Invest NI and others in attracting investment to Northern Ireland, but it is essential that we continue to have unfettered access to our biggest market, which is Great Britain. Economic growth is dependent on that and we need the Government to honour their commitments to ensure that we continue to have that access in both directions.

[Mr Walker]

I absolutely recognise the importance of the issues that the right hon. Gentleman raises. We will honour our commitments and have committed, through the “New Decade, New Approach” deal, to specific legislation on the issue. I look forward to working with the right hon. Gentleman and the other parties on delivering that.

[Sir Jeffrey M. Donaldson]

Will the Minister indicate the timescale within which the Government hope to bring forward legislative measures? It is essential that business has the certainty that it needs at this time to take investment decisions.

[Mr Walker]

As the right hon. Gentleman will know, the commitment is to have the legislation in place by the end of the year, but there will of course have to be discussions through the usual channels as to the precise timing.

Northern Ireland Executive Formation

Jeffrey M Donaldson Excerpts

Thursday 16th January 2020 Commons Chamber

[Julian Smith]

I thank my right hon. Friend for that and I again pay tribute to her work; there were many, many references to specific meetings and engagements, and to a specific bottle of wine, when she hosted party leaders, and she made a big difference to the overall process. I thank her for her efforts.

On the office of diversity, these now are devolved matters, but I absolutely concur with the direction of my right hon. Friend’s question: let us not make this deal add to the division. Everything needs to focus on bringing the community in Northern Ireland together.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

May I add our voice of appreciation to the Secretary of State and his team for their efforts to help the political parties in Northern Ireland to secure agreement, to the former Secretaries of State, the right hon. Members for Staffordshire Moorlands (Karen Bradley) and for Old Bexley and Sidcup (James Brokenshire), for the work they have done, and to our former Prime Minister, the right hon. Member for Maidenhead (Mrs May), for her efforts and for the particular attention she paid to Northern Ireland during her term of office? We welcome the deal as being fair and balanced. Of course, as for all parties, elements of the deal will be difficult and challenging for us going forward.

We welcome the measures for veterans in Northern Ireland, the appointment of a new Northern Ireland veterans commissioner and the full implementation of the armed forces covenant in Northern Ireland. These are welcome developments for the men and women who served our country. We also welcome the establishment of an Ulster British commissioner to promote the culture, heritage, arts, literature and so on of the Ulster British people of Northern Ireland. We believe that that is an important step forward in promoting and supporting the identity of all of us who regard ourselves as Unionists and having our place in the United Kingdom. On the commitments made on Brexit, I echo the question asked by the former Prime Minister. The current Prime Minister has talked about Northern Ireland having full access to new trade deals, so it will be interesting to see how that works out in practice.

The funding issue has already been raised by the Opposition Front Bencher. We are concerned that, if this deal is to work and devolution is to be effective in Northern Ireland, the resources need to be there in order to ensure sustainability. Can the Secretary of State assure us that the remaining balance of the confidence and supply agreement moneys previously committed by the Government will be included and will come to the Northern Ireland Executive in full?

[Julian Smith]

I congratulate my right hon. Friend on his victory in the Democratic Unionist party leadership election and I look forward to working with him. I echo his comments on the commitment of this deal to veterans and to the armed forces covenant, things that he and his party have campaigned so long for. I also pay tribute to Nigel Dodds and Emma Little Pengelly, who have left following the election, for their work. On the issue of funding, I can confirm that the confidence and supply funding will be dealt with in the estimates process in the usual way.

European Union (Withdrawal Agreement) Bill

Jeffrey M Donaldson Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Joanna Cherry]

I have to say that I think the ship has sailed on that, because of the outcome of the election in England, but the ship has not sailed on Scotland’s constitutional future, because, like it or not, the Conservative party was reduced to a rump of representation in Scotland at the general election and my party won 47 of the 59 seats. It is surely a matter of concern in a democracy that is not a unitary state but consists of several nations that no matter how many amendments I and my colleagues table to the Bill, and probably every other Bill in this Session, we are unlikely to achieve a single amendment.

Rather than the braying and jeering that occurred when the leader of my group, my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), got up to ask his questions this afternoon, I suggest to those on the Government Benches that if they really believe in preserving the Union of the United Kingdom they might want to show a little more respect, not necessarily to me or my right hon. Friend, but to those who sent us here to advocate what the majority of people in Scotland want—and, whether those on the Government Benches like it or not, the majority of people in Scotland do not want to leave the European Union but want a second opportunity to look at Scotland’s constitutional future in the light of England’s decision to leave the European Union. I defy any democrat to say that that is not a reasonable position. I gently suggest to those on the Government Benches that jeering at the representatives of voters in Scotland, shouting us down and rubbishing our legitimate concerns is not a sustainable position for the next five years.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I am a Unionist, but I share the hon. and learned Lady’s view that the voices from the various and diverse parts of the United Kingdom need to be heard. She is right to say that the Government are unlikely to accept any of the amendments that represent legitimate concerns, not least among those of us who represent Northern Ireland. Indeed, all the main parties have come together in an unprecedented way to back many of these amendments. I hope that, post the withdrawal agreement, there will be more consultation and discussion that will include the representatives of the various parts of the United Kingdom.

--- Later in debate ---

[Thangam Debbonaire]

My hon. Friend is absolutely right. I, too, sat through yesterday’s debate, and that seemed to be what was being said. The Brexit Secretary himself said that there will have to be some sort of checks, which is inevitable. If we are to diverge from the current rules and Northern Ireland is to remain within them, there will have to be checks. It is no wonder that the people of Northern Ireland are concerned about the potential impact on their place within this United Kingdom.

Businesses in Bristol West have already told me of their anxieties, as I said, but they had a right not to expect there to be border checks within the UK. Northern Ireland’s place is enshrined in the Good Friday/Belfast agreement, but this is not just about trade—that is why I mentioned the agreement. This is about people. It is about values. It is about hopes and fears for the future, and it is about the feeling of belonging. It is about relationships between and within communities.

There is a perception among some in Northern Ireland, as hon. Members have mentioned, that a border nobody voted for will be created within the United Kingdom down the Irish sea. A border in the Irish sea does not bring people together, as the Good Friday/Belfast agreement does; it divides people and pulls them apart.

Amendment 1 seeks to give the Government a way of renewing their commitment to the Good Friday/Belfast agreement by showing that they still believe in the Union—the full Union of the United Kingdom of Great Britain and Northern Ireland. The amendment would require them to report openly and transparently on the implications of the protocol for the movement of goods between Northern Ireland and Great Britain and vice versa, for the Northern Ireland economy, for the fiscal and regulatory compliance of goods travelling between Northern Ireland and Great Britain, and for barriers to trade for third-country goods entering Northern Ireland and Great Britain from the rest of the EU and third countries.

Amendment 1 would require the Secretary of State to publish a report and lay it before both Houses of Parliament and each devolved legislature, and to provide for debate and proper scrutiny in both Houses. The first report should appear before 31 October. I can see no problem with that. If there is no problem, as the right hon. Member for Old Bexley and Sidcup says, what is the problem with transparency? It would not take the Government very long to do that reporting, and our constituents and the people of Northern Ireland have a right to expect such transparency.

If the Government do not support amendment 1, I can only ask them to respond. Do they feel they owe it to the people of Northern Ireland to report sufficiently on the commitment they made earlier in this process to avoid a hard border? What is it about transparency and accountability to the people of the whole United Kingdom to which they object?

[Sir Jeffrey M. Donaldson]

On transparency and reporting, it is important that Northern Ireland is represented on the proposed Joint Committee on the Northern Ireland protocol so that we have a direct input into how the arrangements are enacted.