Abortion in Northern Ireland

Stephen Farry Excerpts

Thursday 25th March 2021 Commons Chamber

[Brandon Lewis]

My right hon. Friend makes a strong point about devolution. It is absolutely right that the devolved Administrations have the ability to move on and deliver on their own affairs, and I absolutely hope that the Northern Ireland Department of Health will do that. This is not about us stepping in on a devolved matter, although I appreciate that others have made that case; it is about us ensuring compliance with the legal duties that Parliament imposed on us in mid-2019. Those duties are such that I am under an obligation to ensure that all the recommendations in the CEDAW report are implemented in Northern Ireland. The fact that the Northern Ireland Executive are back—that is a very good thing, and I hope they will take this forward; of course, they have been able to take it forward themselves with any amendments they like—does not remove the legal obligation on the Government to take forward what was voted on in this House in 2019.

[Stephen Farry (North Down) (Alliance) [V]]

As a Northern Ireland MP, I strongly support what the Secretary of State is doing, and I stress that there is large-scale support in Northern Ireland for these actions. It is simply not tenable to have a right on paper but not in practice, and for different reproductive rights to exist across the UK. Will he give a timeframe in which he may potentially use these powers, and an assurance that he will not allow the Northern Ireland Executive to drag this issue out indefinitely?

[Brandon Lewis]

I hope that the hon. Gentleman will see that our laying these regulations now is a clear indication that we are not in a position where we think it is appropriate for this to be dragged on much further. Obviously, there is a process through this House; the regulations are subject to the affirmative resolution procedure, so the House will discuss and debate them. I passionately hope that, in the next few weeks, while this House is doing that, there is still time for the Department of Health and the Northern Ireland Executive to take this on board and take it forward in a way that is right and appropriate for them, with the expertise that they have locally, and to do so driven by the Department of Health in Northern Ireland. However, we are taking this power as a clear indication that that cannot go on indefinitely and they do need to take action.

Northern Ireland Protocol

Stephen Farry Excerpts

Wednesday 10th March 2021 Commons Chamber

[Brandon Lewis]

My hon. Friend is absolutely right. Picking up on his last point, I ask colleagues to pause for a moment and think about where we would be if we had not taken those actions. In the next couple of weeks, we would have had empty shelves in Northern Ireland. What would that have meant in terms of tensions in Northern Ireland? I personally think that would be an untenable situation for the protocol. I think the decisions we took were important in terms of ensuring we can deliver on the protocol and show that the protocol can work in a pragmatic and sensible way that works for businesses and people in Northern Ireland. We took the decision on the advice of businesses, and that is why businesses have roundly supported the position and the actions we took last week.

[Stephen Farry (North Down) (Alliance) [V]]

I want to see extensions to the grace periods, but on a sound legal basis. If the protocol is to be sustainable, we need to see a genuine partnership between the UK and the EU to fix problems, not Northern Ireland becoming a pawn in a war of attrition with the EU. Does the Secretary of State recognise that unilateral actions undermine the constructive voices inside the EU that were working to achieve flexibilities, and therefore make finding long-term sustainable solutions more difficult, including a veterinary agreement?

[Brandon Lewis]

I share with the hon. Gentleman the desire to work all these things through as partners and to get an agreement with our partners in the EU on issues like this. We would have liked to have done so with these issues. Sadly, the EU had not come to an agreement on some of these issues. Ultimately, we have to do what is right by the people of the United Kingdom and, of course, within the United Kingdom the people of Northern Ireland. Much as we would have liked to have had an agreement with the EU over the decisions last week, if we had not taken those decisions last week, businesses were clear with us, there would have been an impact. Even if we had taken the decisions this week or next week, it would already have been too late to prevent a detrimental impact for businesses and people in Northern Ireland. I just say to colleagues that we took those decisions last week because of the time urgency, the time-critical situation we were in. Going forward and at all times we would much rather always agree things with the EU. Of course, that needs both partners to want to agree them and sadly as of last week the EU did not want to. I hope we will be able to re-engage and make sure that these problems are solved more permanently in agreement with the EU.

Oral Answers to Questions

Stephen Farry Excerpts

Wednesday 3rd March 2021 Commons Chamber

[Brandon Lewis]

As I outlined in response to an earlier question, Northern Ireland businesses have a huge opportunity and a huge competitive advantage, not least because of the amazing skillsets across Northern Ireland in technology, hydrogen and advanced engineering. There are a wide range of things that businesses in Northern Ireland have to promote, with the advantage they have in promoting around the world, to develop business and more jobs for Northern Ireland.

[Stephen Farry (North Down) (Alliance)]

What steps the Government are taking to help reduce the administrative burden for businesses involved with the movement of goods into Northern Ireland since the UK’s departure from the EU.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

In my engagements with businesses, I have heard directly about the importance of ensuring that processes are streamlined to the maximum extent, and we are working with businesses to ensure that we are delivering on that. More than £200 million has been put into the trader support service, the movement assistance scheme and the UK trader scheme to support those businesses. The newly established digital assistance scheme, when fully operational, will provide a simplified digital process for the certification and verification of goods moving from Great Britain to Northern Ireland. We will continue to address issues that arise, and that will be part of the subject of my written ministerial statement later today.

[Stephen Farry [V]]

Businesses also need stability and legal certainty. In the past few days, we have seen the Northern Ireland Agriculture Minister stress that he may unilaterally breach commitments under the protocol. Can the Secretary of State give an assurance that the UK Government, as a sovereign party to the withdrawal agreement, will, in the last resort if necessary, ensure ongoing legal compliance and that any changes to the protocol are agreed with the European Union?

[Brandon Lewis]

As I outlined earlier, I can confirm that our intention is that no charging regime is required for agrifoods, and my written ministerial statement will confirm that later today. At all times we will be focused on ensuring that we are acting in a fully legal manner and delivering for people in Northern Ireland.

Oral Answers to Questions

Stephen Farry Excerpts

Wednesday 2nd December 2020 Commons Chamber

[Brandon Lewis]

Actually, what those clauses have been about is ensuring that we have unfettered access for Northern Ireland businesses to Great Britain. That is something inherent in the protocol. It plays a part in delivering on one of the key sentences in the first few paragraphs in the Northern Ireland protocol that says we will ensure that we do not disrupt the everyday lives of people in their communities. I would have hoped that the hon. Gentleman would support us in ensuring the Northern Ireland businesses can trade in mainland Great Britain as part of the United Kingdom. That is what those clauses are about, as an insurance policy, but obviously our main focus and aim is to secure the right agreement for a wider free trade agreement with the EU, and, indeed, to work with the specialist Joint Committee.

[Stephen Farry (North Down) (Alliance)]

What steps his Department is taking to help ensure that businesses in Northern Ireland are prepared for the end of the transition period.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

We have published guidance throughout the year and are providing extensive support to Northern Ireland businesses. For instance, as I mentioned, we have the Trader Support Service, which is backed by £200 million of funding from the UK Government, and has been well received—it has now had over 16,000 registrations. As we approach the end of the year, we will continue to provide detailed sectoral guidance and information on Government support, and we will step that up as we approach the conclusion of the negotiations to ensure that clear, accessible messages and guidance are provided as soon as possible.

[Stephen Farry [V]]

With barely 700 hours to go until the end of the transition period, it is absurd that so many issues still need to be clarified. Does the Secretary of State recognise that Northern Ireland businesses require a clear legal framework in which to operate, and as such, any changes or mitigations have to be agreed with the EU under the protocol, including potentially any grace period, and that doing the opposite places Northern Ireland businesses in a very uncertain legal position going forward and will create long-term problems for them arising from such unilateral action by the Government?

[Brandon Lewis]

There is a range of things that businesses can be doing and should be doing now, regardless of what the outcome may be, such as signing up to the Trader Support Service. We are intensifying, and have intensified, our work with the specialist Joint Committee. I hope that the hon. Gentleman will join me in supporting the clauses in the UK Internal Market Bill that will give businesses certainty by delivering unfettered access to the whole of the UK.

Patrick Finucane: Supreme Court Judgment

Stephen Farry Excerpts

Monday 30th November 2020 Commons Chamber

[Brandon Lewis]

We speak to the Irish Government regularly, and I have spoken to them today. Before I came to the House, I spoke to the Irish Government and to the Finucane family.

[Stephen Farry (North Down) (Alliance)]

This is a very poor decision. It comes on top of sidelining the Stormont House agreement, which is the key to a comprehensive approach for all victims. But the Finucane case in particular raises serious questions about the rule of law, actions of the state and accountability. I strongly support the PSNI, but this approach turns back the clock in terms of investigations. How does it enable documents and witnesses to be compelled and how is it compatible with the independence required under article 2 of the European convention on human rights?

[Brandon Lewis]

As I have outlined to the hon. Gentleman before, the principles of Stormont House are important. More widely, in looking at how we deal with legacy issues and the issues of the troubles, that ability for reconciliation and information is built on those Stormont House principles, and we must ensure that we deliver on that. In this particular case, I say to the hon. Gentleman that the PSNI is independent. It has already indicated that it expects and will seek to appoint an independent force to look at this. I support it in that, but it is a matter for the Chief Constable of the PSNI. Obviously, the PSNI has its own abilities in a police investigation, and it will set its remit for taking the case forward.

Northern Ireland Protocol: Implementation Proposals

Stephen Farry Excerpts

Wednesday 18th November 2020 Commons Chamber

[Mr Walker]

My hon. Friend makes an interesting proposal. In the absence of an agreement and a deal between the UK and the EU, clearly we would need to explore everything that could be done at a bilateral level. I am not aware of those discussions as of now, but I am happy to discuss that with Treasury colleagues and write back to him if that is the case.

[Stephen Farry (North Down) (Alliance) [V]]

I am concerned that the conclusion of the Joint Committee work is being overly conflated with the future relationship negotiations. There is also an emerging issue around the loss of access to the VAT margin scheme for used cars sourced in Great Britain for sale in Northern Ireland, which entails VAT on the full value, rather than just the profit margin. Will the Minister undertake to have urgent discussions with HMRC to find a resolution to that problem?

[Mr Walker]

The hon. Gentleman makes an important point about not conflating the future relationship with delivery of the protocol. The protocol is agreed between the parties, and we need to deliver on it in all circumstances. I think that many of us in this House hope that an agreement on the future relationship will make that more straightforward. On his point about VAT, I am happy to have those discussions with HMRC and look into that issue in more detail.

Oral Answers to Questions

Stephen Farry Excerpts

Wednesday 30th September 2020 Commons Chamber

[Brandon Lewis]

I thought that I had actually answered the hon. Gentleman’s point. I am meeting businesses on a regular basis. The business engagement forum talks to businesses across a range of sectors in Northern Ireland. In fact, only this afternoon, I will be meeting more business representatives in Northern Ireland to talk about a range of issues—not only recovery from covid but delivering on the protocol and what happens after the end of the implementation period. What these businesses have consistently wanted is certainty about unfettered access, which the United Kingdom Internal Market Bill delivers. We will continue to focus on seeking an agreement through the specialist Joint Committee and through the free trade agreement to deliver that. We have also been clear that there will be some checks—particularly, for example, SPS checks for live animals and agrifoods. We are delivering on that with the Northern Ireland Executive. These checks are building on the checks that have been in place since about the 19th century. We are determined to deliver in a way that works for people and businesses in all communities in Northern Ireland.

[Stephen Farry (North Down) (Alliance)]

The businesses of Northern Ireland urgently need to see the detail on the border operating model down the Irish sea. This was promised previously by the Chancellor of the Duchy of Lancaster by the end of July. It is not essential that we see the outcome of the Joint Committee, so can the Secretary of State clarify when that will be published, because it is so urgent?

[Brandon Lewis]

I appreciate the hon. Gentleman’s point about businesses wanting as much certainty as they can get. We are still working through things with the specialist Joint Committee, but we are also engaging with those businesses. As I say, we are having regular weekly meetings with businesses—a range of businesses—across Northern Ireland to ensure that we deliver what works best for those businesses in Northern Ireland.

United Kingdom Internal Market Bill

Stephen Farry Excerpts

Monday 21st September 2020 Commons Chamber

[Mr Walker]

As my right hon. Friend knows well, the withdrawal agreement was negotiated by the UK and the EU and agreed with a view that certain elements would be resolved by the Joint Committee. I think there was a reasonable expectation on both sides that the Joint Committee would have made more progress on those issues, but unfortunately we have heard some harmful interpretations over the past few months. The point of these Government clauses is to ensure that we can rule those out and put in place the appropriate legal default.

[Stephen Farry (North Down) (Alliance)]

Surely the Government’s approach is self-defeating in the following respect? Ministers rightly outline that a range of issues are still to be resolved through the Joint Committee. For that, we need to prove to the European Union that the UK can be trusted if various derogations are granted to the UK, but if we pass legislation that still contains even the merest threat of breaching the existing agreement, why would the EU be flexible and give us that trust as we will not have shown the ability to follow through with other previous agreements?

[Mr Walker]

I have to say to the hon. Gentleman that we have consistently followed through with our agreement. We have done that with the delivery of protocol requirements when it comes to the legislation for the dedicated mechanism and to citizens’ rights, and we will do so regarding EU state aid rules applying in Northern Ireland in respect of goods and electricity as agreed.

--- Later in debate ---

[Gavin Robinson]

I do agree. I know that the Minister went through a number of the amendments we have tabled and said, “Look, there are provisions about direct and non-direct discrimination and those still apply.” However, where a business is competing in a sector for which there are state subventions and subsidies in England, Scotland and Wales but where those same subsidies and subventions are precluded in Northern Ireland, there will be discrimination. There will be an unfair playing field in the economy of this internal market, and that square is not circled in this Bill. There are no satisfactory answers from the Government to say, “If we run with the implication of EU state aid rules in Northern Ireland, and if we support businesses in GB but not in Northern Ireland, how is there not unfair competition? How are there not direct or indirect discriminatory outworkings of the provisions of this arrangement?”

I want to draw the Minister’s attention to a useful document, which I hope he will spend time considering. I refer to the Northern Ireland stakeholder response to the UK’s research and development road map consultation, which considers clearly some of the things the Government could do under clauses 46 and 47 in providing financial support for sectors in Northern Ireland. We hear an awful lot in this Chamber about doubling down on levelling up. We know that research and development support across the UK is hugely uneven, and that the majority of that money goes into the south-east of England, to London and to the east of England, and that Northern Ireland and other regions throughout the UK do not get their fair share.

The stakeholder response is a collaborative piece of work by Belfast City Council, Belfast Harbour, Queen’s University, Ulster University and Catalyst Northern Ireland. It asks that the Government ring-fence R&D support, with a minimum of £250 million per year for Northern Ireland; that they create bespoke arrangements that allow for flexibility of funds for the Northern Ireland economy; that they appoint regional delivery partnerships; and that they are considering an ARPA—advanced research projects agency—for the cyber-security hub in my constituency, our FinTech hub, the advanced and high-end engineering and manufacturing in my constituency, and the aspirations of a digital free port in Belfast. That ARPA opportunity is well worth considering and it is well worth showing that even though we may have an uneven playing field, our Government are serious about doubling down on levelling up and will extend support to Northern Ireland.

I would love to go through a lot of the amendments, but I am conscious that I have gone over my self-imposed timeline, so I will just discuss the importance of amendment 68, which proposes a change to clause 40. It proposes that Northern Ireland Assembly consent would be required for any new arrangements or requirements for goods traded from GB to NI, and new requirements would not come into force unless they were agreed with the consent of the Assembly. It would also provide that:

“No additional official or administrative costs”—

arising from new requirements—

“may be recouped from the private sector.”

The Minister referred to the trader supporter service, and we know that the Government have said that there are going to put £355 million into that service at this stage. Huge questions remain unanswered for businesses in Northern Ireland, which have heard that they have unfettered access to the UK internal market. Some understand that that promise is one way; some understand that that promise is NI to GB. Some do not understand that there are huge constraints on GB to NI trade, because the Government gave that power away in the withdrawal agreement. They passed it to the Joint Committee and therefore they are only half of the equation. We know that the Joint Committee is considering what goods are at risk, but businesses are trying to access goods in the rest of GB and their suppliers are saying, “Are we able to send this to you? Will we be able to sell you these goods? Will we be required to file exit declarations? Will there be a cost for us doing business with you in Northern Ireland, one that we are not prepared to meet or you are not prepared to pay?” If that is the case, it makes a whole nonsense of this internal UK market.

[Stephen Farry]

Will the hon. Gentleman clarify for the record whether, if the amendment were to proceed and the consent of the Northern Ireland Assembly were required, that would constitute a unilateral breach of the protocol in how that consent would be given? Could a petition of concern be lodged against it, thereby giving his party and anyone else—Members of Traditional Unionist Voice, for example— a veto over the way forward?

[Gavin Robinson]

The first aspect of that question is the intended breach, and the answer is clearly no, because amendment 68 talks about “new requirements”, and if the hon. Gentleman reads the content of the amendment, he will see that. The Northern Ireland Assembly has cross-community voting mechanisms not to provide vetoes but to encourage consensus. The hon. Members on the Benches to my left know exactly why those provisions were brought in, and they know the importance of them, but they tend to believe that they are worthy of use only when there is an issue for which they wish to use them. That is hugely regrettable. When I talk about the consent of the Northern Ireland Assembly, I know that there are cross-community mechanisms to ensure that we get to a place of consensus. I do not believe in stalemate or in logjams. I have spent my political life trying to resolve them. I hope that when I contribute on issues in this House, people respect the fact that, although I do not necessarily agree with everyone, I try to get to a place where we can agree.

Businesses in Northern Ireland that buy from GB and wish to sell to GB want to know what their trading position will be. They were promised the best of both worlds, yet day after day they are learning about the bureaucratic and administrative burdens that are going to be placed upon them. They want answers. I know that the Minister will respond thoughtfully to the debate, and that he will pick up on some of the additional issues that I have raised on amendment 68. I hope he does that. I hope he offers some clarity and comfort for businesses in Northern Ireland, and I hope he outlines just how the Bill will assist them. I believe that it will not do so, however, so I hope that he gives us some clarity as to what steps the Government are prepared to take in the Finance Bill to resolve these overarching and burdening issues, which remain unresolved, through the Joint Committee.

--- Later in debate ---

Leaving the European Union does not mean becoming a client state of the European Union. That is why I voted three times against the first version of the withdrawal treaty, and that is why I am backing this Bill in the Lobby this evening.

[Stephen Farry]

It is a pleasure to follow the right hon. Member for Chipping Barnet (Theresa Villiers). Although I fundamentally disagree with her on Brexit, I certainly recognise her work in Northern Ireland when she was Secretary of State. I refer, in particular, to her work on the Stormont House agreement, though I think it is worth noting that that is another agreement that the Government are in the process of breaching as well.

I primarily want to speak to the amendments of which I am the lead sponsor—amendment 41 and new clause 6—but also to make wider reference to part 5 of the Bill. In brief, amendment 41 seeks to ensure that everything in part 5 is consistent with international law obligations and also with the Good Friday agreement in all of its parts, though it would be preferable to strike clauses 42 to 45 from the Bill in their entirety, but, at this stage, amendment 41 is a catch-all to try to ensure that it is compliant insofar as that is possible. New clause 6 is about putting into law the correct approach to addressing the issue of export declarations and other exit procedures in terms of trying to get a good resolution through the Joint Committee.

I want to make some general comments about the threat to international law that is contained in part 5 of the Bill and to echo that the Government amendment is essentially cosmetic. It does not address the issue. I am someone who is usually a gradualist and who will bank progress, but this is not that type of situation. This will not convince anybody of the UK’s good intentions. In essence, the threat to breach international law will still be codified in the legislation and that is not a basis on which any state can do business internationally. It will undermine the ability of the UK to manage its existing agreements, and also to conclude future agreements. The reputation of the UK internationally will fall with very serious consequences. Our ability to hold other regimes to account for breaches of democracy, human rights and the rule of law will be compromised; and the UK does have a strong record in that regard, or at least had a strong record up until this particular point in time.

More specifically, part 5 will undermine the ability of the UK to conclude a future relationship arrangement with the European Union. That will have severe consequences for the UK economy. To me, it seems as if a dead-end approach is being adopted by those who claim to want such a deal, and I am not quite sure how that will be a sustainable position.

Even beyond that, the prospects of a US-UK trade deal are very much called into question. For those who have the fantasy of an Atlanticist approach to replace the relationship with our nearest neighbour, I really struggle to understand how they believe that the approach they are taking will actually allow that dream to be realised. Of course, we should all want a deal with the United States, albeit one that we negotiate from a position of strength—people have some genuine concerns about that—but I am not sure that people fully appreciate whow difficult that will be, particularly in terms of Congress and what Speaker Pelosi and indeed some members of the Republican party have said. This is an ultimate dead end, and Members who still believe it is doable need to reflect very seriously on what has been said to them.

I will also comment on what I think is a major misunderstanding, or lack of understanding, in some parts of the House with respect to the Good Friday agreement. At times, I get the sense that the Government are almost twisting the understanding of the Good Friday agreement to fit their particular political objectives. It is important that Members understand that a fault line runs right through Northern Ireland. Anyone familiar with history will well appreciate why I am saying that. Northern Ireland is both a divided society and a contested space, particularly with regard to the latter in that there are different constitutional aspirations for the future of that part of the world. We have been on a journey through the Good Friday agreement, but the work of building integration and promoting reconciliation is still very much in progress. More needs to be done.

It is true—this is where the Government are placing all their emphasis—that the principle of consent is a core aspect of the agreement. I concur with that, and indeed it is recognised fundamentally within the withdrawal agreement, although people may have different aspirations regarding where that goes in due course. However, the agreement is also about the interlocking relationships, the internal dynamics in Northern Ireland, the north-south relationship and the east-west relationship, and the wider context of the improvement of Anglo-Irish relations, which gave rise to the agreement in the first place and which, up until now, have been working to try to ensure that the agreement stays on course.

[Paul Girvan (South Antrim) (DUP)]

Will the hon. Member give way?

[Stephen Farry]

Yes.

[The Temporary Chair (Sir Graham Brady)]

Order. It is not possible to speak from those Benches. The hon. Gentleman must find another place in the Chamber.

[Paul Girvan]

Thank you, Sir Graham. The hon. Member mentioned the protectionism in the Belfast agreement. That is its name: the Belfast agreement. Unfortunately, from a Unionist perspective, the protections that we were sold as ensuring and enshrining our right to be part of the United Kingdom until such time as the people of Northern Ireland decided otherwise are being eroded from below our feet by the withdrawal agreement and the clause associated with Northern Ireland. That has to be recognised. Do you recognise, as a Unionist, that this does not give you much comfort?

[Stephen Farry]

I am grateful to the hon. Member for his intervention. I think his question was aimed at me, rather than you, Sir Graham. First, just to give Members some encouragement, Members from Northern Ireland can sort out some choreography at times in terms of speaking, so all is not lost entirely, but it is important that the hon. Member appreciates a number of points.

As I said, the principle of consent is hard-wired into the withdrawal agreement. At the same time, however, I think it is naive not to accept that what had been a relatively stable situation in Northern Ireland around the constitutional question has become much more fluid in recent years, to a large extent because of the fallout from Brexit. Whichever way things emerge over the coming months there will be some degree of political instability in that respect, and it is incumbent on us all to try to come to terms with that, to manage that and to keep people on board, making Northern Ireland work over the months and years to come.

I also stress to the hon. Member that another way of looking at the agreement is that it was, in essence, a grand bargain. We are approaching the centenary of Northern Ireland next year. For most of its history, Northern Ireland was a contested state and some people did not accept its legitimacy. We had a situation, for example, where the Irish constitution had a claim on the territory of Northern Ireland through articles 2 and 3.

With the Good Friday agreement, arguably for the first time we had a sense that the vast majority of people on the island of Ireland accepted the legitimacy of Northern Ireland as an entity, albeit with the ability to change recognised as part of that agreement. That was a major win, particularly for Unionism. At the same time, there was a recognition of the interlocking relationships—in particular, the north-south aspect—on the island of Ireland. The problem is that Brexit has come in and destabilised that. In particular I have to say to my Unionist colleagues that their charge headlong into Brexit, given that grand bargain, was most irresponsible and short-sighted.

It would not have been possible for the Good Friday agreement to be concluded if the UK and Ireland were not simultaneously part of the European Union—in particular, the customs union and the single market. The protocol is a product of the UK’s decisions, choices and red lines on Brexit, so if there are concerns, grumbles or complaints about it, it is a product of decisions taken primarily by people in this Chamber over the past number of years.

In essence, there is a trilemma at the heart of this: the UK set out three mutually incompatible objectives, only two of which can be realised at any one time. The first was that there would be an open border on the island of Ireland, the second was that the whole of the UK would leave the customs union and single market, and the third was that special measures for Northern Ireland were ruled out. The first has been a given for the best part of four years, and was rightly recognised at the start of the Brexit negotiations. The second was the determination of this House, which ruled out a softer version of Brexit, with the entire UK remaining part of the customs union and single market—an outcome that would still have been consistent with the referendum result. The third is something that the UK has essentially had to concede through the protocol.

Whatever way we look at this, when a decision was taken to leave the customs union and single market, some sort of interface was going to have to be managed with the European Union’s single market and customs union. The backstop was the first attempt—I believe it was much maligned and a missed opportunity. The protocol was the next alternative, and the Prime Minister bought into it last October. It is an attempt to square an impossible circle, but we have to do our best in that regard; there will not be a neat and easy solution. The protocol is imperfect, but it represents the bare minimum of what is required to address the particular challenges and circumstances that Northern Ireland faces.

Like the hon. Member for Belfast South (Claire Hanna), I do not want to see any borders anywhere inside these islands, but we have to face the reality that some line will have to be drawn on a map, and wherever it is, some political, emotional and psychological implications will arise from it. It is easier to manage that down the Irish sea than on a land border, as a purely pragmatic analysis of the situation. As has been said, there are seven crossings down the Irish sea, and potentially more than 200 on the land border. People talk about the value of east-west trade, and I certainly recognise that, but the counterpoint to that is to recognise the sheer number of movements on the island of Ireland. The opportunity to have some degree of regulation is more readily applied on the Irish sea interface because there is more dead time, in terms of air and sea travel, than there is on the land border, with land-based transport and much more just-in-time delivery. Those are the sad choices that we are being asked to face up to in Northern Ireland.

We need to make the protocol as light touch as we can to move from what is essentially a solid line on a map to a dotted line. We need to work through the Joint Committee to address the outstanding issues and agree the future relationship. That would make the application of the protocol much easier. To make progress in both respects, the UK has to build up the trust and confidence of the European Union. Essentially, the UK is asking the EU to take it on trust that certain procedures that would otherwise be rigorously required under the terms of the protocol can be disapplied, with flexibilities and modifications shown. The situation with the UK threatening to breach the very withdrawal agreement that gives rise to the protocol will not give the European Union confidence that the UK will honour any flexibilities that it chooses to grant through the protocol.

New clause 6 sets out perhaps one example of the type of situation I am referring to. In essence, the protocol reflects the fact that Northern Ireland remains part of the UK’s customs territory, but the EU customs code is applied down the Irish sea. That was the compromise—I stress that—worked out last year by the Prime Minister, among others.

Northern Ireland Protocol: UK Legal Obligations

Stephen Farry Excerpts

Tuesday 8th September 2020 Commons Chamber

[Brandon Lewis]

My hon. Friend makes a good point. We outlined very clearly—I do not think anybody can be under any misapprehension about it—our position at the general election: that we would deliver unfettered access, that we would deliver for the people of Northern Ireland and that we would continue to deliver on the Good Friday agreement. That is exactly what we are still focused on doing. We are doing that through the negotiations, but we also want to ensure that we are taking reasonable steps to be prepared for January should we need to be. We will do that in the UK internal market Bill, delivering on that manifesto pledge.

[Stephen Farry (North Down) (Alliance) [V]]

Any unilateral change to the very necessary protocol risks undermining the Good Friday agreement, risks a hard border returning to the island of Ireland and places Northern Ireland businesses in a very uncertain legal position. Do the Government recognise that, in the event that they make unilateral changes to and, in particular, undermine the agreement, they will reduce the prospects of a future relationship with the European Union? In particular, there will be zero chance of negotiating a trade deal with the United States under a Biden Administration and with a Democrat-controlled Congress.

[Brandon Lewis]

On the first part of the hon. Gentleman’s question, quite the opposite—we are focused on coming to an agreement through the trade negotiations and the specialist Joint Committee, to ensure that we are able to deal with the detailed issues that were always, as set out in the protocol, to be worked out by the Joint Committee. That is exactly what the Committee is there to do. All we will be doing in the UK internal market Bill is giving clarity to the businesses and people of Northern Ireland about what happens on 1 January if that does not come to a satisfactory conclusion. I say to him gently that that is the best way to give certainty to the people of Northern Ireland.

Abortion (Northern Ireland) (No. 2) Regulations 2020

Stephen Farry Excerpts

Monday 8th June 2020 General Committees

[Mr Walker]

My right hon. Friend refers to the Attorney General’s comments to the Executive, which, as he says, he has made public.

I am, for my part, very confident that we have the vires under the Northern Ireland (Executive Formation etc) Act 2019 to carry forward the legislation. I have to say to my right hon. Friend, whom I greatly respect, that this issue has been a matter of contention over a long period. He, like me, would much rather that Northern Ireland politicians had been able to address the issue together and take it forward, but that has not proven to be the case. It was in recognition of that that this House told the Government to take action on this issue.

[Stephen Farry (North Down) (Alliance)]

Further to his correct response to the right hon. Member for South Holland and The Deepings in relation to legal advice, does the Minister recognise that the courts in Northern Ireland and, in particular, the UK Supreme Court have already ruled that the outgoing abortion regime in Northern Ireland is incompatible with human rights? In that regard, I pay tribute to the work of Sarah Ewart in championing the need for reform.

[Mr Walker]

Absolutely, and I recognise that the decisions that this House took to give the Government the locus to act on these issues were partly in the light of those judgments, both in the Belfast High Court and in the Supreme Court. The hon. Gentleman is right to address those issues. I must say, having met with Sarah Ewart and her mother, that I was hugely impressed by the courage that she has displayed in bringing her issues to light and publicly engaging in this, coming from a background that was not necessarily one that people would expect.

--- Later in debate ---

[Stephen Farry]

It is a pleasure to serve under your chairmanship, Sir David. I rise to speak in favour of the regulations and to give an authentic Northern Ireland voice in support of the actions that Parliament has taken. In doing so, I thank all hon. Members who followed the leadership of the hon. Member for Walthamstow in passing the relevant clauses to the Northern Ireland (Executive Formation etc) Act 2019 in July last year, and I thank the Northern Ireland Office for its work in taking forward the regulations over the past year. Today they are part of the law, subject to the further confirmation of Parliament.

I recognise that there are many progressive voices in Northern Ireland who welcome the changes. I pay tribute not just to Sarah Ewart, whom I mentioned previously, but to many other campaigners who have been pushing for reform over the intervening decades, including through organisations such as Amnesty International and Alliance for Choice.

I am a former Member of the Northern Ireland Assembly, and it has always been a source of great frustration that the Assembly has been incapable of passing even the most modest reform to Northern Ireland’s abortion laws. People may reflect on the past with some degree of regret that opportunities were not taken and that there was a resulting need for Parliament to intervene. I was a member of the Assembly when the Act of Parliament was passed, and in no way, shape or form did I feel imposed on or overruled, or feel that my mandate had been unrecognised. Rather, I was pleased that someone was taking action to address the situation in my part of the United Kingdom, and that the rights of women were to be upheld properly. Parliament is for the UK as a whole, and there are responsibilities on the UK Government to ensure that all parts of the country follow and are in compliance with international human rights standards, including article 8 of the European convention on human rights, CEDAW and the recommendations of the committee more recently.

Hon. Members have referred to the fact that the Assembly voted the way it did last week, and I will make some references to that. First, it is important to bear it in mind that this is an issue of rights, and rights are not addressed through majoritarian processes. There are duties on legislators to follow the rule of law and human rights standards, and to ensure that things are in place in that regard. Public opinion in Northern Ireland has changed dramatically in recent years, particularly among young people, and opinion polls have shown that there is majority support for a range of reforms to be taken forward in Northern Ireland, so I do not recognise that Parliament is acting contrary to the wishes of the majority of the people of Northern Ireland. In any event, it still has an overarching duty to ensure that the law is human rights-compliant.

If we are to be truthful about the situation in Northern Ireland, it was not the case that abortions were not taking place. Our abortion issue was being exported to other parts of the UK, creating a situation of huge trauma for the women involved, and also creating difficulties for people in more challenging socioeconomic situations and for women in situations of domestic violence and coercive control, who were not able to avail themselves of their rights in the same way that women in other parts of the UK were. I therefore welcome the actions that are to be taken forward.

It is important to recognise that the context of Northern Ireland will still be very difficult. We still have a considerable degree of controversy that Members will no doubt express today. Sadly, we will hear more about it in due course. There is a risk that some of the controversies around the guidance will create a chill factor and make it difficult for healthcare professionals to fulfil their responsibilities. Indeed, we could see a situation in which women are denied their lawful rights in terms of reproductive healthcare, so it is important that we provide a stability of certainty for professionals.

I also recognise that the regulations re-introduce a risk of criminal sanctions against healthcare workers. The hon. Member for Bristol South has already alluded to that. Given the ongoing stigma in that regard, I encourage the Minister to do what he can to give further reassurance that the reinstatement of criminal sanctions cannot be used to prosecute healthcare workers who act in accordance with criminal guidance and who also act in good faith.

I want to put on the record concerns around exclusion zones. I appreciate that the Minister has made it clear that that will be under continued review. Indeed, a wider debate is happening across the UK, but it is important to put it in context. Given the degree of stigma and controversy in Northern Ireland and that there have been considerable problems historically, and indeed today, around the harassment of women who try to access their healthcare rights, it is important that a reconsideration is given due attention as quickly as possible.

There are two important challenges. Before we come to that, it is important that we try to put the issue to bed. Parliament has acted and the clauses in the Offences Against the Person Act 1861 have been repealed. There is a duty in primary legislation to have regulations. Where those regulations are voted down, that duty still continues and further regulations need to be put in place and need to be CEDAW-compliant. That duty is there and continues to exist. It is important that we try to recognise that this debate is now settled, and the same applies to the Northern Ireland Assembly, which has the ability to pass its own measures, but again, it is important that those are CEDAW-compliant. That must be our benchmark.

[Carla Lockhart]

The hon. Gentleman and I will differ on this issue. For the benefit of his constituents, will he make it clear whether he supports abortion for Down’s syndrome up to birth—yes or no?

[Stephen Farry]

I support CEDAW-compliant regulations. It is important that we do not place this in a pejorative way around certain circumstances. Every situation and crisis pregnancy that a woman experiences is a very personal circumstance. The decisions and choices that that woman has to make are often very difficult. We have to give respect and support in that regard.

In that context, I shall make my two final points. The first is that there is a need for the Northern Ireland Office to continue to have a dialogue with the Department of Health and the wider Northern Ireland Executive about ensuring that there is the full provision of services in Northern Ireland. So far, we have seen piecemeal provision; that needs to go further. I regret to report that the Minister of Health in Northern Ireland, rather than treating this as an operational healthcare matter, has referred it back to the Northern Ireland Executive, which is a political cauldron. That will create difficulties in terms of getting decisions to proceed with the full commissioning of services. It is important that the Northern Ireland Office remains fully abreast of that situation and continues to follow up on the encouragement that it has given to date to ensure that those measures are put in place.

It is also important to ensure that there is a proper roll-out of information and guidance, including on websites, for the public to understand what the service situation is, but also to ensure that that is passed down throughout healthcare staff, because there is ongoing confusion. In that context, we could see a situation in which there are rights on paper but not in practice.

--- Later in debate ---

[Sir John Hayes]

I am not sure that that is the view that the Northern Ireland Attorney General took. I refer my hon. Friend to his advice, of which I have a copy if he wants to read it in detail; I cited it earlier. I am also not sure, although he would have to ask this question of course, that it would necessarily be the view that our Attorney General would take. However, that is not for me to judge or gauge, and since I could not encourage the Minister to give any greater clarity about the Attorney General’s advice, perhaps I will leave it there.

[Stephen Farry]

rose—

[Tim Loughton]

rose—

--- Later in debate ---

[Sir John Hayes]

Up until now, we have taken the view as a Parliament that, because abortion is a serious matter, there should be a structure and framework governing where it takes place that maximises the prospect of the safety that the hon. Lady and I want to guarantee. That is why we put it into the hands of medical professionals, and put limits on the places where it can happen. That is why we have a legal framework, and prohibit—indeed, penalise—abortions that take place outside it. My anxiety, like hers, is about guaranteeing safety and security, and I believe that that is done by the existing provisions. We therefore do not need to change them.

I want to reflect on a point that I have touched on briefly already about non-fatal disabilities. I find it deplorable that, in contradiction of all the notions of equality that we rightly promote in the 21st century, a child diagnosed with Down’s syndrome, a cleft lip, a cleft palate or a club foot can continue to be aborted. As the hon. Member for Upper Bann said, that clearly discriminates against disabled people. The last time that abortion regulations in England and Wales were examined in real depth was 1990, before the passing of the Disability Discrimination Act 1995 and the Equality Act 2010. That is why, as I said earlier, I am pleased that a Bill is being introduced that will address that inequality. These regulations permit abortion up to birth on the grounds that the unborn child has been diagnosed with Down’s syndrome, a cleft lip, a cleft palate or a club foot in Northern Ireland. Where a child is capable of being born alive in Northern Ireland, this law will permit different treatment of those with disabilities and those without disabilities. That lawful discrimination will continue until the child is born. If this House were to endorse these regulations, we would be endorsing discrimination on the basis of disability. We would be endorsing applying the Equality Act to some and not all. We would effectively be saying that some lives matter less.

In conclusion, I urge Members to reject these regulations for two main reasons: devolution and equality. They are unconstitutional, and may actually be illegal—I have not got time to pursue that at great length, but that is certainly the view of the Attorney General for Northern Ireland; the question of whether they are legal was asked earlier; he certainly thinks that they are not.

[Stephen Farry]

Will the right hon. Gentleman give way?

[Sir John Hayes]

I will not, because I am about to reach my exciting peroration, but I will happily send the hon. Gentleman the advice if he has not seen it already.

On the grounds of devolution and promoting and protecting the interests of people with disabilities, we should reject these regulations. They are unwise, unconstitutional and unwanted. If that has not persuaded members of this Committee, let me finish not with my words but those of Heidi Crowter, a 24-year-old woman with Down’s syndrome who, when reflecting on the regulations that I imagine some people on this Committee plan to vote for, said:

“it makes me feel like I shouldn’t exist”.

--- Later in debate ---

[Jim Shannon]

I very much appreciate the opportunity to address this Committee on a matter that I have a great interest in. Abortion is a devolved matter and it should be a devolved matter for Northern Ireland. My hon. Friend the Member for Upper Bann referred to the fact that 100,000 people in Northern Ireland today are alive because of our legislation. That was disputed by some, but the fact is that after an investigation it was clear that that figure was reasonable. It has been important for people in the rest of the UK, but it is very important for us in Northern Ireland. Some of the people we meet are alive today because of our legislation.

In 2016, the democratically elected Northern Ireland Assembly voted on primary legislation not to change our abortion law. The process begun in July last year is ongoing. We are all very fond of the Minister, but on this issue we really are at different ends of the spectrum. This impacts our law and constitution and poses deep questions.

The first convention that was flouted was through the application of the accelerated procedure. The fast-tracking of Northern Ireland legislation reduces further the scrutiny that these measures should receive. We reiterate our concern about the routine nature of fast-tracking legislation relating to Northern Ireland.

The second convention that was flouted was that, despite the Clerks’ advice to MPs, the amendment that became section 19 was clearly out of the scope of the Bill. The whole point of constitutional democracy is that it is not crudely majoritarian, especially if the policy affects different national units of different sizes, but it is subject to constitutional rules, devised for the good of the polity as a whole. Constitutional rules, however, have been ignored.

The third constitutional convention that was violated was the convention that Westminster should not vote on a devolved matter: 100% of MPs who took their seats in Northern Ireland were present, and 100% of those who were present voted against a change in the law. The constitutional outrage was and is on a par with two very dark moments in the recent history of the Union, which are now regarded as huge mistakes, and which have both been the subject of public apologies.

Others Members have referred to how much the Union means to them—how much it means to you, Sir David, and how much it means to us as Members. In the 1950s, it was decided that Liverpool needed access to another reservoir. It was decided that the best way of doing would be to flood and thereby destroy a village in Wales called Tryweryn. The people of Wales were rightly outraged that a Government should deem it appropriate to remove an entire village, with its history and its culture: 35 out of the 36 Welsh MPs voted against, yet the legislation was passed in this House, disregarding the opinion of the MPs in Wales.

The people in Scotland were rightly outraged in the late 1980s when the Government proposed to make Scotland the guinea pig and introduced the poll tax one year early. In the vote, the overwhelming majority of Scottish MPs voted against the legislation; yet it was passed, courtesy of the votes of MPs with no mandate in Scotland to make decisions. In 2005, the city of Liverpool finally issued an apology to the people of Wales. David Cameron also issued a public apology to the people of Scotland for this particular abuse.

I will quote a couple of people, although I am very conscious of time. Professor Hill said:

“The text of international treaties such as CEDAW are carefully crafted expressions of intent and belief. There is no reference to abortion in the text of CEDAW. There is nothing in the text of CEDAW which requires a state party to allow abortion on specified grounds and/or decriminalise abortion generally. The absence of such a provision in the formal text gives a clear indication that no such obligation exists”.

It is not just the view of one lawyer. It is also the view of Supreme Court in 2017. 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. It is hard to find words to express how deeply distressing for the people of Northern Ireland it is to be disenfranchised, like they were in Wales in 1950 and like they were in Scotland in 1980.

What they were doing has been described as a travesty of constitutional due process. The terms of the law were completely rewritten from the text debated on one occasion by the House of Commons, and were then subject to a time-limited debate of one hour, which covered all Lords amendments and was dominated by Brexit. If we add up the fragments mentioning abortion and the amendment, it took up 17 minutes of debate. Again, that underlines our concerns.

The Secondary Legislation Scrutiny Committee said:

“Public consultation began on 4 November 2019 and lasted for a period of six weeks. In our view this is too short for so sensitive a topic. Added to which, it took place during the General Election period and in the run up to Christmas, neither of which conforms with best practice. Of the over 21,000 responses received, 79% registered general opposition to any change to the established position in Northern Ireland.”

I am not going quote, because of the time, Sir David, but David Scoffield QC has been on the record and answered on many occasions, and we cannot ignore his opinion:

“The NIO states that, where possible, this statutory framework mirrors the Abortion Act 1967 so that provision will be broadly consistent with the abortion services in the rest of the UK. The NIO was, however, obliged by law to implement the specific recommendations of the CEDAW Report which relate to Northern Ireland. This report has sought to expand on some of the Government’s policy choices and also to air the main issues drawn to our attention in submissions, to assist the House in the forthcoming debate.”

I would have to say that the Northern Ireland regulations need to be referred to the Attorney General. We have ignored the John Larkin recommendations to the Committee. He said that the regulations in section 9(11) do not go as far as being able to the Act, which is a reform in the recommendations.

[Stephen Farry]

Will the hon. Gentleman give way?

[Jim Shannon]

I am conscious of the time, and the hon. Gentleman has had his chance. I also want to give the Minister a chance to respond.

Liz Crowter says:

“At 24 weeks babies are viable. You cannot have a law that says it is OK to end the lives of some viable human beings because they have Down Syndrome, while saying that other viable human beings of the same age cannot be because they don’t have a disability, without saying human beings with non-fatal disabilities are worthy of less protection and are therefore less valuable.”

It is not just Heidi Crowter. Máire Lea-Wilson’s one-year-old son Aidan has Down’s syndrome. Papers were lodged with the High Court just last week. Mindful of such things, Parliament must vote to reject the regulations and ask the Government to think again. We have a functioning Assembly that can make its own abortion law, as has happened since the 1861 Act. Yet the Government are proposing that, before 19 June, Parliament vote on a devolved matter by passing the regulations. Others have referred to the 75 MLAs who oppose abortion on the basis of non-fatal disability. My point is that there is a stronger legal argument for us to leave the matter to the Assembly.

I would like to ask the Minister some other questions, but I do not have time. I will finish with one more point. The Government have cast constitutional due process to one side, through pressing for out-of-scope amendments in the context of accelerated procedure; failing to point out that there was no international legal imperative for changing the law, especially if doing so involved violating a key constitutional convention; the effective disenfranchisement of the people of Northern Ireland on a Northern Ireland piece of legislation on a devolved matter; peers having only a few hours’ sight of the amendment that became law before the debate; permitting only 17 fragmented minutes of debate on a completely new text that proposed making hugely controversial changes through secondary rather than primary legislation; giving only six weeks for the consultation; knowing that 79% of people said, “Please don’t do this”; the failure to welcome the restoration of the Assembly as giving Parliament the opportunity to repeal section 9; the production of regulations that undermined devolution significantly more than Parliament required after the restoration of the Assembly; the production of regulations in respecr of which the Attorney General has pointed out that the Secretary of State repeatedly exceeded his power; and responding to the cross-community vote of the Assembly by rejecting the regulations with absolute authority.

The British constitutional position is predicated on the assumption that no Parliament can bind its successors. The 2017-19 Parliament, happily, is no exception. The Government now have the chance to extricate themselves from a catalogue of abuses and save themselves from the huge embarrassment of asking Members to vote for disability discrimination in violation of the requirement in paragraph 85 of the Committee report on the regulations.