Northern Ireland (Executive Formation and Exercise of Functions) Bill

Anna Soubry Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Stella Creasy]

I am fascinated by the poll the right hon. Gentleman cites. Let me give him the direct data from the Amnesty International poll taken this year, which says that 65% of people in Northern Ireland think abortion should be decriminalised and 66% think Westminster should act in the absence of the Assembly. Let me also cite for him the Sky News poll of 2018 that shows that 76% of people in Northern Ireland support equal marriage. I say to him gently again that I understand that he has philosophical objections on some of these issues, whether from religious or moral conscience, and I respect that, but it is not enough to say this is about devolution on that basis. He needs to be honest with this House that his objection is about conscience, because there is not a devolution objection to this new clause. The new clause respects devolution, but it also asks us to respect human rights.

Ten years ago we had the opportunity to change things for women in Northern Ireland and that did not happen, and as a result we know from studies that 10,000 women have either had to travel to England to have an abortion or have taken pills bought online. If we reject this new clause, are we really trying to say that 10 MPs matter more than those 10,000 women whose lives have in the last 10 years been affected by our failure to act?

[Anna Soubry]

Will the hon. Lady also make it very clear that the rather barbaric and antiquated laws that exist in Northern Ireland are not even effective, because all they mean is that, as she said, about 28 women every week have to come over to England and Wales? So the laws are not working in any event, and this just makes them even more barbaric because women have to travel to exercise the same rights that my constituents have.

[Stella Creasy]

I share the passion of the right hon. Member for Broxtowe (Anna Soubry) on this matter and increasingly on many other things. She is absolutely right. Stopping safe, legal abortion does not stop abortions happening; it just stops safe abortions happening, as we have seen from the women taking pills who have been unable to seek help from their doctors in Northern Ireland. Stopping same-sex marriage does not stop people of the same sex falling in love with each other; it just stops them having the equal respect and dignity that comes from being able to marry who they love and say it proudly. It is a simple right that all of us in this Chamber would want and that all of us seek for our constituents.

However, I recognise that those are matters for the Assembly, and that is why I want to remind Members here that this new clause respects that process because it looks at the legislation before us today and asks who, in the absence of a functioning Assembly, can be the champion of the human rights of the people of Northern Ireland. It asks who can address the incompatibilities that these court proceedings are identifying, and who can ensure that we do not spend another 10, 20 or 30 years hearing the stories of shame, of hurt and of the rights abuses of the people of Northern Ireland, and simply shrugging our shoulders because politicians cannot get their act together to have an Assembly.

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[Fiona Bruce]

No. I have taken several interventions, and I will, if I may, proceed.

New clause 7 goes much further even than the non-binding comments made by the judges in the Supreme Court case—a case of serious foetal abnormality. As I say, I am mindful of what a difficult situation that is and fully agree that it merits further attention for the women who may be affected by it, but that must happen in the right legislative chamber.

[Anna Soubry]

Will my hon. Friend give way?

[Fiona Bruce]

No, I will continue, if I may.

New clause 7, which refers to the decriminalisation of sections 58 and 59 of the Offences Against the Person Act 1861, goes much further than even the obiter dicta statements of the Supreme Court judges. It goes much further than referring just to foetal abnormality and seeks much broader changes than the narrow circumstances to which the judges referred, which is a further reason why it should be opposed.

[Anna Soubry]

Will my hon. Friend give way?

[Fiona Bruce]

I have said no, and I am going to continue. I have taken many interventions, and many others want to speak.

Even in situations where there is a declaration of incompatibility, the Human Rights Act 1998 is clear that legislatures are not required to change the law. That is for legislators to decide, and in this case that means the Northern Ireland Executive. It has also been argued that the Government should change the law because of wider international human rights obligations that the UK has signed up to—specifically recommendations from a February 2018 report by a UN Committee on the Elimination of Discrimination Against Women—CEDAW. Professor Mark Hill QC has written a long opinion on the CEDAW report, and he argues cogently that there is no requirement to act on the basis of the report because there is no right to abortion under the relevant convention and because the committee does not have the power to stipulate that the UK should make any resolutions.

Members are being asked to support new clause 7 on the basis of pressing human rights concerns, but those concerns rest principally on a failure properly to understand what a declaration of incompatibility means. Such a declaration carries no imperative to change the law, especially when the subject is within the margin of appreciation, as is the case with abortion.

Baroness Hale acknowledged at paragraph 39 of the Supreme Court’s Northern Ireland abortion law judgment in June that the democratically expressed will of the people is important, and we must not forget the key vote by the Northern Ireland Assembly in 2016 not to change abortion law.

My right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) mentioned some statistics, and so did the hon. Member for Walthamstow. I remind the Committee of a ComRes poll released just last week showing that the following percentages of people say that changes to abortion law should be a decision for the people of Northern Ireland and their elected representatives, not Westminster: 64% of Northern Irish people, 66% of Northern Irish women and 70% of 18 to 34-year-olds in Northern Ireland. We must respect that, we must respect the Assembly’s 2016 decision and we must respect that many people in Northern Ireland do not want to see these changes, and they certainly do not want to see changes resulting from guidelines issued by a Secretary of State in Westminster, with all the implications that could involve.

New clause 7 must be rejected. I absolutely understand that this is a very sensitive topic but, even through a misapprehension or a misunderstanding, for civil servants to be seen as being given the power to influence this policy would be quite wrong. Out of respect for the people of Northern Ireland and their elected representatives, new clause 7 must be voted down.

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[Sir Jeffrey M. Donaldson]

I respect what the hon. Lady said, but I point out to her that section 4(6) of the Human Rights Act 1998 is clear on the point of incompatibility. It states clearly:

“A declaration under this section (“a declaration of incompatibility”)…does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given”.

That is the human rights law of this country. When the hon. Lady suggested in her intervention earlier that the Supreme Court judgment compelled the Northern Ireland Assembly to change the law, she was incorrect in her assertion. That opinion comes from the Attorney General for Northern Ireland and his respected advice on this subject.

On the question that the hon. Lady posed, in respect of fatal foetal abnormality, when a mother is expecting a child with a potentially life-limiting condition, I too have met Sarah Ewart, as has my hon. Friend the Member for Belfast East (Gavin Robinson), who is her Member of Parliament, and I have enormous respect for Sarah. As a result of her initiative, the Northern Ireland Executive commissioned a working group to examine this area of the law in Northern Ireland, and that working group brought forward proposals. Here is the irony: if Sinn Féin allowed Northern Ireland to have a Government, we would by now have addressed this area of the law.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

Because we have a working group that was set up by the Executive and that has brought forward proposals, this area of the law would have been addressed by now.

[Sir Jeffrey M. Donaldson]

With respect to the hon. Member for North Down, the party that is preventing this issue from being addressed in Northern Ireland is not the Democratic Unionist party; it is Sinn Féin who are preventing the Executive from addressing the report of the working group, which has brought forward proposals in respect of mothers who are expectant with a child who may have a life-limiting condition, so let us get our facts straight.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

In respect of the issue relating to sex crime, I agree with the hon. Member for North Down that we need to examine this area of the law in Northern Ireland, but the difficulty is that we cannot do it—not because the Democratic Unionist party is standing in the way of examining these sensitive issues, but because Sinn Féin are preventing the Northern Ireland Assembly and Executive from carrying out their function. That is the political reality of the situation in Northern Ireland.

[Anna Soubry]

Will the right hon. Gentleman give way?

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[Sir Jeffrey M. Donaldson]

The hon. Member for Totnes (Dr Wollaston) referred earlier to a border in the Irish sea. Let me address that for a moment.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

What is the point of devolution?

[Sir Jeffrey M. Donaldson]

It was this House that decided that Northern Ireland should have devolved responsibility for abortion and marriage. It was this House that decided to give to the Northern Ireland Assembly and Executive the power to legislate on these areas of life. That is the reality. The hon. Member for Walthamstow talked about the decisions of this House—

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

It was this House that decided that the Northern Ireland Assembly and Executive had the power to legislate on these areas of the law.

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Turning to women’s reproductive rights, my hon. Friend the Member for Walthamstow (Stella Creasy) has already changed the Government’s position with regard to facilitating women in Northern Ireland’s access to abortion services in England and Wales. Civil servants are not informing women of their rights to those services, and are leaving it up to non-governmental organisations to tell women how to access that provision, which is still available to them. Not doing something is a political act and has consequences, and that needs to be recognised in the provisions of the Bill going through the House tonight. As an elected Member of this House who supported a measure in good faith, I find it unacceptable that civil servants in Belfast do not pass on that information because there was no law change in Northern Ireland, and that somehow that is considered acceptable.

[Anna Soubry]

When we went to Northern Ireland with Amnesty International, we learned that people cannot be given that information, because giving it is a criminal offence for which a person will be prosecuted, and they will face a lengthy prison sentence. One of the most concerning features of all this is the inability of people to get any form of advice.

[Karin Smyth]

I am grateful for that intervention. The right hon. Lady is of course right: the issue of advice, guidance and information is subject to some discussion, and that is not helpful in this situation.

Yesterday, my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) tested the will of the House on this issue after giving a superb and measured speech on a Bill seeking to decriminalise women in England, Wales and Northern Ireland. There was an attempt to divide women by suggesting we could not decriminalise in England and Wales because it would be anti-devolution. Fundamental to the politics of my hon. Friends the Members for Walthamstow and for Kingston upon Hull North, and the majority of women in this House—and in this country—is our belief in the internationalism of women’s rights. Our solidarity with women across the world is important.

Women’s reproductive rights are at the core of that internationalism and solidarity. It seems that the Government share our view. This year, they launched a good flagship programme—I commend some of that work—from the Department for International Development called Work and Opportunities for Women. The objective is access to improved economic opportunities for women through business intervention in supply chains and economic development programmes. It is, after all, a Conservative programme, so its focus is interesting. It is about women’s economic empowerment. That Government policy states that women’s economic opportunities will be improved by, among other things,

“influencing the UK and global agenda on women’s economic empowerment.”

The Government’s supporting literature says:

“Sexual and reproductive health and rights…including the right to decide if and how many children to have, the right to live free from disease and the right to access confidential, high-quality health services which enable women to control their own bodies…are fundamental to women’s economic empowerment.”

It goes on to say that the link between sexual and reproductive health and rights and women’s economic empowerment

“is reflected in DFID’s Economic Development Strategy… 2017…which includes a commitment to increase access to family planning as a vehicle for transforming women’s economic opportunities.”

Those are the Government’s own policies. It goes on to say that the Government support initiatives in this area in the DFID priority countries of Afghanistan, Bangladesh, Burma, the Democratic Republic of the Congo, Ethiopia, Ghana, India, Kenya, Kyrgyzstan, Liberia, Malawi, Mozambique, Nepal, Nigeria, Palestine, Pakistan, Rwanda, Sierra Leone, Somalia, Sudan, South Africa, South Sudan, Tajikistan, Tanzania, Uganda, Yemen, Zimbabwe and Zambia—28 countries. What rank hypocrisy by the UK Government in committing to increase access to family planning across the world but not in our own precious Union for our own people.

I am in no doubt that change is coming. The issue at heart is how much more suffering the Government are willing to inflict on women from Northern Ireland before it is achieved.

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[Anna Soubry]

Can my right hon. Friend reassure me on two things: first, that new clause 7 is a matter of conscience and we on this side of the House will not be whipped on it, and, secondly, that new clause 7 does not change the law or indeed give anybody the power to change the law? The notes are very clear: it is all about accountability to the Secretary of State so that she can look at human rights and make sure the guidance is there. It does not change the law; it is about guidance and accountability on human rights, and it is a matter of conscience.

[Karen Bradley]

I am reliably informed that this is a matter of conscience from the point of view of the party Whip on the Government side of the House. I know this is frustrating for my right hon. Friend, and I am not saying this with any pleasure, but am merely stating the facts: the amendment as drafted would not see a change in the law in Northern Ireland. This is a matter that needs to be legislated for in Northern Ireland, and therefore it would not change the situation in Northern Ireland. I add that this is a temporary measure; we need to get an Executive in Stormont, which is what this Bill seeks to achieve, so that they can make the decisions.

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[Anna Soubry]

I rise to speak in support of new clause 7, and I urge hon. Members on both sides of the House to support this really meek and mild amendment. It really should not be causing so much agitation, and I think we have to ask ourselves why it is doing so in certain quarters of the House. As many of us discovered when we went to Northern Ireland as guests of Amnesty International, the simple truth is that the laws in Northern Ireland are at best antiquated and at worst barbaric. God forbid that a member of any hon. Member’s family who lived in Northern Ireland were to be raped, but if that woman then found herself to be pregnant, she would not be allowed to terminate her pregnancy even if she had been raped by a member of her own family. She would have no rights and no choice.

In this matter, I have never sought to impose my views on anybody else, but women and young children throughout Northern Ireland have none of the choices that our own constituents have. I met a woman there who was diagnosed with a foetal abnormality when she was 23 weeks pregnant. This was her third attempt to have a child through in vitro fertilisation, and she and her husband were distraught when they were told that their child would die either in the womb or within hours of being born. If they were my constituents, they would have had a choice. They would have been able to talk to their doctor and go through all the available options and, if they so chose, they could have had a termination. That woman was denied all that. She could not even come to England to terminate her pregnancy. She carried that child for 11 weeks as it grew within her womb, with people saying to her, “When is your baby due?” She had to tell them, “My baby is going to die in my womb or it will die within hours of it being delivered.” She had to look at prams, cots and Moses baskets and know that she would never put her child, carried in her womb, into any of them. Her baby did die in the womb, 11 weeks after the diagnosis of a foetal abnormality, and she carried a dead baby for three days before she was finally induced. She gave birth to a baby girl who was decomposing.

Colleagues, right hon. and hon. Members, that is the situation that pertains in Northern Ireland, and new clause 7 seeks not to change that barbaric law, which we want to change—that is why many of us voted with the hon. Member for Kingston upon Hull North (Diana Johnson) yesterday—but to maintain the rights of our fellow citizens of this proud United Kingdom. It merely asks that their human rights are properly monitored and does nothing more than that. I urge Members to vote for new clause 7, and the hon. Member for St Helens North (Conor McGinn), who is not in his place, also urges and reminds colleagues that his Marriage (Same Sex Couples) (Northern Ireland) (No.2) Bill returns to this place on Friday. New clause 7 is a matter not just of conscience, but of decent humanity. It is about ensuring that everybody in the United Kingdom has these basic human rights.

[Christine Jardine (Edinburgh West) (LD)]

I thank the Secretary of State for her comments about amendment 22 and simply urge her to continue to pursue the creation of pensions for the 500 people who are suffering from severe physical injuries as a result of the conflict.

I also rise to support new clause 7, and I will be brief because the situation is simple for me. I have defended and promoted devolution for a decade, but I never thought it would be used as a means of abrogating responsibility for the human rights of anyone within the United Kingdom. It is astonishing that my daughter, who lives in Scotland, could perhaps take up a job in Northern Ireland and then lose the rights that she was born with in the United Kingdom. That cannot be acceptable to anyone in this House, but there are people within the UK who do not have the rights that those of us who sit here today enjoy. New clause 7 would help to put that right, and we should support it.

[Simon Hoare (North Dorset) (Con)]

I had not intended to speak, but I listened to my right hon. Friend the Secretary of State and my right hon. Friend the Member for Broxtowe (Anna Soubry) and with great attention to the hon. Member for Walthamstow (Stella Creasy) who, as the Secretary of State said, argued her case with fluidity, passion and an exemplary understanding of the issues, referring back to the ten-minute rule Bill speech of the hon. Member for Kingston upon Hull North (Diana Johnson). Irrespective of what side of the abortion debate line one might find oneself falling, nobody will doubt the passion that the issue evokes or the concern that is expressed.

However, I do say—before anyone starts shouting at me, this may not be the right word to use—that there is a cruelty implicit in new clause 7. My right hon. Friend the Secretary of State said that the Bill’s purpose is not to create new law and that civil servants are not empowered to create new law, the hon. Member for Walthamstow said that her intention is not to ride a coach and horses through or to undermine in any way either the Good Friday agreement or the legitimacy of the Northern Ireland Assembly, and my right hon. Friend the Member for Broxtowe—she is a friend—spoke convincingly and movingly. The cruelty of new clause 7 is that, if it is passed, it will raise a huge amount of hope—although not among everyone in the community of Northern Ireland—but it will not address or deliver on that hope. The cases that she cites would in no way be alleviated or resolved by new clause 7. Those who seek a termination will still have to travel to the mainland, but a huge amount of hope would be raised.

We understand, and the hon. Member for Walthamstow understands, the minutiae of new clause 7. And the Secretary of State, because she is advised by a phalanx of officials, understands what the new clause means in law.

[Anna Soubry]

I am standing up for what I believe.

[Simon Hoare]

Of course that is what this place is for, but my right hon. Friend, in essence, said that all the terrible cases she cited would in some way be stopped or resolved and that people would not have to go through any of these things.

[Anna Soubry]

I absolutely did not say that, although it is obviously something that many of us now seek to do. New clause 7 is the gentlest step forward so that the Secretary of State and her good officials can monitor human rights and see what is happening. This is important work. With great respect to my hon. Friend the Member for North Dorset (Simon Hoare), he was not here for the whole debate. He does not know, for example, that the situation in Northern Ireland is such that people cannot even be given basic advice at the moment, such is the onerous nature of the law. We are talking about merely looking at the situation, monitoring it and helping the Secretary of State to fulfil her obligations: no false hopes for anyone.

[Simon Hoare]

My right hon. Friend does not have a unique understanding of what happens in Northern Ireland. Many of us will have been to Northern Ireland, will know people in Northern Ireland and will have heard a variety of experiences and views.

I think we know how the media and social media will deal with this. This will be “Abortion has now been made legal in Northern Ireland.” For many that will be a welcome thing, but for others it will be the worst thing imaginable. Whichever side of the argument we sit on, I am firmly convinced that expectations have been artificially inflated, but I am not convinced by the arguments of the hon. Member for Walthamstow that new clause 7 would not fundamentally undermine the very foundations of devolution, with ramifications for both Scotland and Wales. We should resist this new clause.