Northern Ireland (Executive Formation) Bill

Baroness Barker Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

Moved by

[Baroness Barker]

12: Clause 9, page 6, line 16, leave out subsections (1) to (4) and insert—
“(1) The Secretary of State must ensure that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented in respect of Northern Ireland.(2) Sections 58 and 59 of the Offences Against the Person Act 1861 (attempts to procure abortion) are repealed under the law of Northern Ireland.(3) No investigation may be carried out, and no criminal proceedings may be brought or continued, in respect of an offence under those sections under the law of Northern Ireland (whenever committed).(4) The Secretary of State must by regulations make whatever other changes to the law of Northern Ireland appear to the Secretary of State to be necessary or appropriate for the purpose of complying with subsection (1).(5) Regulations under subsection (4) must, in particular, make provision for the purposes of regulating abortions in Northern Ireland, including provision as to the circumstances in which an abortion may take place.(6) Regulations under subsection (4) must be made so as to come into force by 13 January 2020 (but this does not in any way limit the re-exercise of the power). (7) The Secretary of State must carry out the duties imposed by this section expeditiously, recognising the importance of doing so for protecting the human rights of women in Northern Ireland.(8) The Secretary of State may by regulations make any provision that appears to the Secretary of State to be appropriate in view of subsection (2) or (3).(9) Regulations under this section may make any provision that could be made by an Act of the Northern Ireland Assembly.(10) In this section “the CEDAW report” means the Report of the Inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/OP.8/GBR/1) published on 6 March 2018.”

[Baroness Barker (LD)]

My Lords, I hope we can continue in a similar vein on this next set of amendments. I rise to move Amendment 12, and to speak to Amendments 19, 21 and 24, which are in the same group. Noble Lords who have followed this Bill closely will know that in the House of Commons, Clause 9 was carried by a majority of 332 to 99. Its purpose is to ensure that the human rights of women in Northern Ireland are similar to those in the rest of the United Kingdom on the matter of abortion. There was an overwhelming majority in another place for the rights of those women to be respected.

The reason was quite clear. As the noble Lord, Lord Trimble, has often reminded us, abortion is legal in Northern Ireland—but it is legal in some of the most restrictive terms in the world. Consequently, the ways in which some of the laws have been interpreted have meant that, for example, in the last year only 12 women have been able to have an abortion in Northern Ireland, and, as noble Lords will know, up to 1,000 women a year have to resort to coming to other parts of the United Kingdom—if they can afford to—in order to receive the healthcare to which they are entitled.

Last year, the Supreme Court ruled on abortion law in Northern Ireland, stating that the present-day legislative position in Northern Ireland was untenable, intrinsically disproportionate and clearly in need of radical reconsideration. The court also stated that the existing law was incompatible with Article 8 of the European Convention on Human Rights: the right to private family life. It was against that background that, in another place, the Member for Walthamstow, Stella Creasy, sought to insert into this Bill an obligation on this Parliament to ensure that all parts of the United Kingdom, including Northern Ireland, are compliant with the UN Committee on the Elimination of Discrimination against Women, which told the Government in February 2018 that abortion law in Northern Ireland breached human rights.

An amendment was put forward, the substance of which was accepted by the Government—but it was said that the amendment was deficient. Since the addition to the Bill was made in the Commons, there has been a process of discussion between the Government and those who put forward that proposal about how the expressed will of the Commons should be carried forward—and, in particular, what regulation-making process should now being undertaken in Northern Ireland be to implement that Bill. That has resulted in the amendments before your Lordships this evening: Amendment 12 and the consequential amendment.

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[Lord Duncan of Springbank]

The noble Baroness wants a piece of paper that has now become buried in the strata on my desktop. It is important that we now recognise the reality of the time we have. The holiday period primarily limits our ability to begin any serious consultation. We will have to design it carefully. We anticipate being able to initiate such a consultation in the early autumn. In an ideal world, we could see it being 12 weeks but we may be able to pull it forward to eight. We have to recognise thereafter that simply doing a consultation is not enough: we have to consider its elements. We are not able to deliver the outcome of that by the October date.

Oh, I have the piece of paper with the questions that the noble Baroness asked—forgive me. I think I will be able to answer the affirmative vote question, which we can take forward at Third Reading, if that is possible. The question of freedom of conscience rests within our human rights commitments, to which we remain committed. The guidance must be very clear that no doctor, health practitioner, nurse or anyone else will be compelled to act beyond their conscience or beyond their tolerance in that regard. She asked about events. I have no idea what is going to happen, but we must plan in a smooth and careful manner. I am not looking forward to any serious election issues; I hope that does not happen.

That touches on the answers to the questions, I think. On that basis, I look across the divide to the noble Baroness, Lady Barker, in the hope that she is willing to consider it.

[Baroness Barker]

My Lords, I thank all noble Lords—particularly the noble Baroness, Lady O’Loan—for their contributions. It is extremely important that we have discussed these matters in the fashion that we have. At this late hour, I do not intend to say anything in great detail. I thank the Minister for the very thorough way in which he has addressed questions from all sides of the House. He has managed to put to rest a number of fears.

There are just three matters on which I need to respond. The first concerns Amendment 19A in the name of the noble Baroness, Lady Finlay. In the light of comments—not least those of my noble friend Lord Steel—I hope that she will understand why it would be inadvisable to go ahead with her amendment, and I hope that she will not press it.

The second and key point, made by a number of noble Lords, was whether there would be an interregnum in which there would be no regulation whatever on abortion in the Province. The answer to that is quite clear: there will not be. Notwithstanding what the Minister has said about what the Government intend, there are the professional ethics of bodies such as the RCOG, the RCGP and the Royal College of Midwives. Those bodies have backed this amendment but they have professional standards to which they must adhere. There is also general guidance in general medical law which would be unaffected by any of this.

Thirdly, I say to the noble Lords who pointed out the anomalies between different Acts of Parliament in relation to 24 or 28 weeks that that makes the case for updating the law, and this is an occasion on which we could do so. I take the Minister’s point about his problem with the deadline in my amendment, and I hope that we might be able to discuss that between this stage and the next.

This is an important matter and we have had an important debate. I therefore wish to test the opinion of the House.

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Moved by

[Baroness Barker]

19: After Clause 9, insert the following new Clause—
“Regulations: procedure and supplementary 3
(1) Regulations under section 9 are to be made by statutory instrument.(2) A statutory instrument containing regulations under section 9 is subject to annulment in pursuance of a resolution of either House of Parliament. (3) A power to make regulations under section 9 may be used to make different provision for different purposes.(4) Regulations under section 9 may make incidental, supplementary, consequential, transitional or saving provision.”

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Moved by

[Baroness Barker]

21: Clause 10, page 6, line 32, leave out subsection (1) and insert—
“(1) Except as mentioned in subsection (1A), this Act extends to England and Wales, Scotland and Northern Ireland.(1A) Sections 9 and (Regulations: procedure and supplementary 3) extend to Northern Ireland only.”

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Moved by

[Baroness Barker]

24: Clause 10, page 6, line 33, leave out subsection (2) and insert—
“(2) Except as mentioned in subsection (2A), this Act comes into force on the day on which it is passed.(2A) Sections 9 and (Regulations: procedure and supplementary 3) come into force on 22 October 2019, unless an Executive in Northern Ireland is formed on or before 21 October 2019 (in which case they do not come into force at all).(2B) For the purposes of this section an Executive is formed once the offices of the First Minister, deputy First Minister and the Northern Ireland Ministers are all filled.”