Northern Ireland (Executive Formation) Bill

Conor McGinn Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Conor McGinn (St Helens North) (Lab)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman]

With this it will be convenient to discuss the following:

New clause 2—Pension for victims and survivors of Troubles-related incidents: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards preparing legislation to implement a pension for seriously injured victims and survivors of Troubles-related incidents mentioned in section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 1 on a report on progress made towards preparing legislation to implementing a pension for seriously injured victims and survivors of Troubles-related incidents, and provides for the report to be debated in Parliament.

New clause 4—Reproductive rights of women in Northern Ireland: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards meeting international human rights obligations applicable to the United Kingdom in relation to the reproductive rights of women mentioned in section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 2 on a report on progress made towards meeting international human rights obligations applicable to the United Kingdom in relation to the reproductive rights of women, and provides for the report to be debated in Parliament.

New clause 6—Historical institutional abuse in Northern Ireland: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards implementing the recommendations made by the Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 3 on a report on progress towards implementing the recommendations made by the Hart Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995, and provides for the report to be debated in Parliament.

New clause 8—Same-sex marriage in Northern Ireland: debate—

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards implementing marriage for same-sex couples in Northern Ireland is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 3 on a report on progress towards implementing the recommendations made by the Hart Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995, and provides for the report to be debated in Parliament.

New clause 10—International obligations—

“(1) In accordance with the requirements of section 26 of the Northern Ireland Act 1998 regarding international obligations, the Secretary of State must make regulations by statutory instrument to give effect to the recommendations of 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.

(2) Regulations under this section must come into force by 21 October 2019, subject to subsections (3) and (4).

(3) A statutory instrument containing regulations under subsection (1)—

(a) must be laid before both Houses of Parliament;

(b) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) If a Northern Ireland Executive is formed before 21 October 2019, any extant obligations arising under subsection (1) shall cease to have effect.”

Amendment 9, in clause 3, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a review of the current legal framework on abortion in Northern Ireland with an analysis of how that framework could be amended by Parliament during the period when there is no Executive, subject to a sunset clause to respect devolution, in order to comply with the human rights obligations of the United Kingdom.”

The subsection would include placing a duty on the Secretary to State to report on the legal framework on abortion in Northern Ireland with an analysis of how that framework could be amended by Parliament during the period when there is no Executive, subject to a sunset clause to respect devolution, in order to comply with the human rights obligations of the United Kingdom.

Amendment 10, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made towards preparing legislation implementing a pension for seriously injured victims and survivors of Troubles-related incidents.”

The subsection would include placing a duty on the Secretary of State to report on the implementation of a pension for seriously injured victims and survivors of Troubles-related incidents.

Amendment 11, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made towards meeting international human rights obligations applicable to the United Kingdom in respect of Northern Ireland in relation to the reproductive rights of women.”

The subsection would include placing a duty on the Secretary of State to report on the implications of any relevant judicial decision in relation to abortion.

Amendment 12, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made towards implementing the recommendations made by the Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995, including the establishment of a publicly funded compensation scheme under an HIA Redress Board, distinct from the Northern Ireland Criminal Injuries Compensation Scheme 2009.”

The subsection calls for a report on implementing the Report of the Inquiry into Historical Institutional Abuse in Northern Ireland between 1922 and 1995, published in January 2017, which was chaired by Sir Anthony Hart.

Amendment 13, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made in preparing legislation to make provision for the marriage of same sex couples in Northern Ireland.”

The subsection calls for a report on preparations for same-sex marriage in Northern Ireland.

[Conor McGinn]

I rise to speak to new clause 1 in my name and the names of many right hon. and hon. Friends and Members across the Chamber. I want to speak briefly about the purpose of the new clause, the rationale for my tabling it and for wording it in the way I have and my motivation for bringing this before the Committee today.

The purpose of the new clause is straightforward. It stipulates that, if devolution is not restored to Northern Ireland in the form of a functioning Assembly and Executive, the Secretary of State would bring forward regulations in this House to introduce the legalisation of same-sex marriage in Northern Ireland.

My rationale for phrasing the new clause as I have, with the stipulations that it contains, is simple. There is an ongoing talks process at Stormont. Two and a half years since the Assembly and Executive collapsed, we are still waiting on that to come to a successful fruition. As I said last night on Second Reading, these issues are difficult and complicated, and politicians in Northern Ireland have my respect and full support in trying to resolve those; but if, in three months’ time, they—along with the two Governments—have not been able to ensure that a fully functioning Executive and Assembly are back up and running, we should legislate here for equal marriage. In the event that they are up and running before then, this provision would not be enacted. In the event that the Stormont Executive and Assembly are up and running after we enact this measure here, of course the power to legislate on marriage remains with the Stormont Executive and Assembly, and they could seek to change or overrule the regulation that we have made here.

[Ian Paisley (North Antrim) (DUP)]

Is the hon. Member at all concerned that the implication of this could impact on the negotiation process and de-incentivise one of the parties from negotiating at this particular time—that it would just sit it out until 21 October?

[Conor McGinn]

I think the hon. Gentleman is posing a question for his own party and other participants in the talks, because to my mind the idea that this measure would lead to a failure of those parties to restore the Stormont institutions and get on with doing the business of Government on everything, including health and education, is quite far-fetched. It should act as an incentive for the parties to come to an agreement and have the institutions restored.

When the hon. Gentleman talks about one particular party, I think he refers to Sinn Féin. It has been very clear with me that it wants to see this decision made at Stormont, not Westminster. I have had discussions through the Love Equality campaign—the broad-based campaign for equal marriage—but also directly with all the political parties in Northern Ireland, including members of the hon. Gentleman’s own party, about the new clause. I understand the hon. Gentleman and his colleagues’ strongly, firmly and sincerely held views, both on the substantive issue that we are discussing and on the interpretation of its impact on the devolved settlement. I hope, however, he will accept that I, in crafting the new clause in this way, have tried as far as possible, in absolutely and unapologetically trying to make this happen and have same-sex marriage extended to Northern Ireland, to give the time and space for the political parties and the two Governments to restore the institutions. I have also respected the devolved settlement by emphatically saying that the power remains with Stormont.

[Joanna Cherry (Edinburgh South West) (SNP)]

We are very proud of the introduction of equal marriage in Scotland under an SNP Government, led by the former First Minister, Alex Salmond. I am happy to hear the hon. Gentleman making it clear that he respects the devolved settlement. It is much easier for many of us in the SNP to support this excellent measure in the knowledge that he is proposing it given the fact that there is no Assembly at the moment, but it still respects the devolved settlement.

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[Conor McGinn]

I thank the hon. and learned Lady for her intervention and pay tribute to her and her colleague the hon. Member for Livingston (Hannah Bardell) for the work that they have done to ensure that their party is in a position to support the new clause tonight. That is very important to me, because the hon. Member for North Down (Lady Hermon) raised a point last night about her validly and genuinely held concern about the impact this would have on devolution; and when the hon. Lady speaks, I listen, as I think do most Members across this House. I hope that, given the answer that I gave last night and my explanation today, she is comfortable with the knowledge that this power does remain a devolved one, but that in the absence of an Assembly and Executive we can make what might be described as an interim provision here, which can then be overturned by the Assembly if it is back up and running.

[Lady Hermon (North Down) (Ind)]

rose—

[Nigel Dodds (Belfast North) (DUP)]

rose—

[Conor McGinn]

I will give way to the hon. Lady and then to the right hon. Gentleman.

[Lady Hermon]

I am very grateful to the hon. Gentleman for allowing me to intervene. May I just remind him of the fact that a large number of constituents, and those who are not constituents, have emailed me, and have contacted other Members representing Northern Ireland constituencies and who have taken their seats here, greatly concerned about the possibility that his new clause might undermine the devolved settlement in Northern Ireland? What can I say to those constituents, in an email reply to them, that confirms to them that the hon. Gentleman’s new clause in no way undermines the devolved settlement that was crafted so carefully by a Labour party led by Tony Blair?

[Conor McGinn]

I thank the hon. Lady again for the direct way in which she puts the question. I was not old enough to vote for the Good Friday agreement, but everything I have done in my personal life and political career has been about supporting that—supporting the principle of consent, supporting power sharing, supporting peace on the island of Ireland, and supporting reconciliation between people who live in Northern Ireland and between Ireland and Britain. I am a passionate defender of the devolved settlement and a devolutionist. I think that, despite the ups and downs we have had, it has been a force for good in Northern Ireland, and my priority, and what I want to see, is the Assembly back up and functioning in Stormont.

As I have said, it is my strong view that, given the way the new clause is crafted—it has been selected by the Chair—it does not impinge upon the devolved settlement; it explicitly recognises that this is a devolved power. At the minute, however, the Assembly and the Executive exist in the ether, or as a concept, not in reality, so if they cannot make this law, we will make it here, because, as I have said often, rights delayed are rights denied. We will make the law here, and then when the Assembly is back up and running, the power remains its to change it.

[Nigel Dodds]

I am very grateful to the hon. Gentleman for giving way and for giving way so frequently so early. This is an important issue because his proposal does drive a coach and horses through the principle of devolution and, if the SNP is prepared to accept it, this House can legislate and then ask a devolved legislature to overturn it. That is an interesting and novel concept. But would the hon. Gentleman confirm that, in seeking to drive a coach and horses through the principle of devolution, overriding the concerns—[Interruption]—overriding the concerns of people in Northern Ireland that the hon. Member for North Down (Lady Hermon) has referred to, his proposal actually would be not for a vote in this House, but that the procedure would be a process of annulment, so that regulations would come forward without any further vote in this House? Perhaps he would explain whether that is the case; I am just asking a question of information

[Conor McGinn]

Regulations would come forward in the usual form, on the basis of a vote tonight approving the mechanism to do that. The Bill in fact makes specific provision for the Secretary of State to introduce regulations, through statutory instruments, for governance in Northern Ireland. That is not specified—what I am actually doing is specifying one area where I would wish them to do that.

I understand that an issue like this is binary, and that the right hon. Gentleman and I are on opposite sides on this, but I hope he understands that it certainly is not my intention to drive a coach and horses through anything. I gently say to him, I have always supported the devolved institutions from 1998 and the power-sharing arrangements that were made then.

[Ian Paisley]

No one challenges the hon. Gentleman’s sincerity, both on the point of his desire to see relations fixed in Northern Ireland and his opinion on this matter. We are just at different ends of the scale in terms of opinion on this matter. Surely he must accept, under the work that he did when he was in the shadow office, that this completely and totally usurps the role of the Northern Ireland Assembly. It does drive a coach and horses through the issues. There is not sufficient time between now and 21 October to establish a new Executive that would be able to function on these matters by that date. Surely he recognises that.

[Conor McGinn]

I thank the hon. Gentleman for what he has said and I will answer him very directly. Far from usurping the role of the Assembly, I am acting on a mandate given by the Assembly when it voted in favour of equal marriage. That was vetoed by his party, using a petition of concern to block it. The majority of the Assembly, the majority of political parties in Northern Ireland, members of his own party, and the overwhelming majority of the public support legislating to legalise equal marriage in Northern Ireland.

[Wes Streeting (Ilford North) (Lab)]

The constitutional debate we are hearing this afternoon is very important—no one would deny that. My hon. Friend has already made the point that the distinction between Northern Ireland and Scotland is that there is a functioning Scottish Government and a functioning Scottish Parliament. But this is not just about constitutions; it is about people and the fact that Northern Ireland is, at present, the only place in the whole of the United Kingdom, or indeed the island of Ireland, where LGBT people cannot exercise their right to marry. Given that there is already, as he says, a majority in favour in the Assembly and a majority in favour among the public, is this issue not now about democracy and human rights?

[Conor McGinn]

I think it is. That has always been my contention and I hope to speak on that in my closing remarks. Did the hon. Member for North Antrim (Ian Paisley) want to intervene? I will give way one last time and then I will have to make progress.

[Ian Paisley]

The hon. Gentleman is being very generous. He makes a point about rights. There is the protection of rights in the Assembly: the petition of concern allows for all rights to be protected. That is why, I assume, he supported Tony Blair when he introduced the petition of concern mechanism.

[Conor McGinn]

It is very important that we have a mechanism where sensitive, cultural or constitutional issues get support on a cross-party basis. I do not believe same-sex marriage was one of those issues and I do not think it was appropriate to use the petition of concern in that respect.

[Hannah Bardell (Livingston) (SNP)]

I pay tribute to the very pragmatic and careful way the hon. Gentleman has drafted his new clause and gone about this. What can I say, other than that I give my full support to him, the people of Northern Ireland and, in particular, the LGBTIQ people in Northern Ireland? The hon. Member for Ilford North (Wes Streeting) made the important point that it is a very different situation when the Northern Ireland Assembly has not sat for 900 days. The Scottish Parliament and the Scottish Government are fully functioning, and Scotland has had a coach and horses driven through its devolved settlement. The hon. Member for North Antrim (Ian Paisley) should remember that. We absolutely support the hon. Member for St Helens North (Conor McGinn). I hope that Democratic Unionist party and Government Members will listen to him very carefully. We have an opportunity to do something very positive here. I hope Members from across the Chamber will support him.

[Conor McGinn]

I appreciate the hon. Lady’s remarks and the work she has done in Scotland. I also appreciate her acknowledgment that this can and should be done, and that it does not impinge on the devolved settlement.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

My hon. Friend knows his new clause has my full support. As I made clear on Second Reading last night, I am a proud devolutionist. I support the Welsh Assembly and the Welsh Government, as I do the other devolved Administrations. This matter is about a fundamental issue of rights. He has constructed this in a very careful way. Does he agree that there is a fundamental anomaly here? Individuals in the rest of the UK who want to marry Northern Irish citizens, or get in a marriage in Northern Ireland are unable to do that at present. That is a huge anomaly that affects relationships and people across the United Kingdom.

[Conor McGinn]

Absolutely. I see that my hon. Friend the Member for Rutherglen and Hamilton West (Ged Killen) is in his place. He is married to a Tyrone man. As an Armagh man, I make no further comment on his choice of husband and his county affiliations. [Laughter.] He makes the point frequently that, when he is in Scotland they are married and recognised by the law, but when they get off the plane in Belfast they quite simply are not. That cannot continue and, from a Unionist point of view, is anathema to anyone who values equal rights within the Union as a whole.

[Owen Smith (Pontypridd) (Lab)]

My hon. Friend is making an excellent speech and I wholeheartedly support his new clause. Does he agree that we in this House need to remember that it is not unique for us to propose to legislate from Westminster in respect of Northern Ireland? It is not particularly anomalous. There have been myriad occasions in recent history, during the difficult periods of the political process in Northern Ireland and over the past two years, when we have legislated effectively in this place to either put in place important provisions for the people Northern Ireland or to keep the peace process on track. This is an important instance when we should do likewise and step in in the absence of the Assembly.

[Conor McGinn]

I thank my hon. Friend for what he said and for the work he did as shadow Secretary of State for Northern Ireland. This and other issues we will discuss today, on which I am sure he intends to speak, were critical to getting us to the point where we are now.

I want to close my speech because there are myriad other important issues—

[Tim Loughton (East Worthing and Shoreham) (Con)]

The hon. Gentleman is being generous in taking interventions. I am very pleased to have added my name to his new clause, and I speak as somebody who did not vote for the same-sex marriage Bill originally, but the world has not fallen in since. I would not vote to change the law and this is a matter of equal opportunities for people across the United Kingdom. I believe in the Union and therefore I believe that the opportunity should be open to every citizen of every part of the United Kingdom. Can I ask him—I am sure the answer will be yes because he supported my Civil Partnerships, Marriages and Deaths (Registration etc.) Bill to have equal civil partnerships in England and, I hope, the rest of the United Kingdom—would he support extending that equality to Northern Ireland? If we brought those two together, what a double whammy that would be.

[Conor McGinn]

I very much appreciate the sentiment, but let us get through today first and then we can have a conversation about that.

[Gavin Robinson (Belfast East) (DUP)]

Will the hon. Gentleman give way?

[Conor McGinn]

I will, but I am afraid I will then have to close.

[Gavin Robinson]

I am very grateful to the hon. Gentleman. I appreciate him taking this intervention. I hope he recognises that the comments I made last night about the unsatisfactory way in which individual issues have been adopted are not attributable to him. He is right, and has every entitlement, to advance the issues he so chooses. There are a huge number of issues that affect society in Northern Ireland and impinge on rights in Northern Ireland, yet there is no progress on legislation for them. I do not expect him to champion all those causes individually but, if he believes now is the time for Westminster to start acting and legislating on those matters, will he be responsive and proactive, and support a huge range of issues that we believe need to be addressed in Northern Ireland and cannot wait any longer?

[Conor McGinn]

I thank the hon. Gentleman for his comments. I have always been clear that I am an MP from Northern Ireland, not for Northern Ireland. It is his job and the job of his colleagues and other MPs to lead on issues that are affecting their constituents. I do not claim a mandate from Northern Ireland but, as I said in last night’s debate, I hope people will accept that it is the place that I will always call home. Family and friends still live there. I try to visit when I can and I care deeply about the place.

On the hon. Gentleman’s point about Westminster engaging in other issues that have been raised over the course of the debate on the Bill, I acknowledge that there is a deep frustration among people in Northern Ireland on a whole range of issues that progress is not being made. I think we are fast approaching the time when they will want politicians somewhere to do something. If that has to be this place, then, reluctantly, I would agree with him that after this current extension we have to think seriously about making some progress on all the matters that have been discussed. It would have to be, in my view, strongly based on a three-stranded approach, north-south co-operation with the Irish Government, and co-operation between the two Governments through the British-Irish Intergovernmental Conference.

I have focused a lot on process in last night’s debate and in my speech today, because I want to provide reassurance about the devolved settlement. When I made my speech to move my private Member’s Bill in February 2018, I quoted some of the wit and wisdom of people in south Armagh and Northern Ireland, and some of the Ulsterisms that were used. I have to say that it is not funny anymore. This is really serious and it needs to be addressed. This House has failed LGBT people in Northern Ireland before. It failed a generation of people in Northern Ireland by not decriminalising homosexuality, and condemned them to discrimination, to abuse and to living in fear many years after that stopped being the case in the rest of the UK. It failed people in Northern Ireland by not extending same-sex marriage when it became the law here, making people in Northern Ireland less valued than the rest of us. Tonight, we have the chance to do the right thing. People in Northern Ireland, and indeed across Britain and Ireland, are watching. I, for one, am not going to let them down. I hope colleagues do not let them down either.

[Mrs Maria Miller (Basingstoke) (Con)]

It is a pleasure to follow the hon. Member for St Helens North (Conor McGinn), who made a powerful argument for extending same-sex marriage across Northern Ireland. I was the Minister who did not extend same-sex marriage to Northern Ireland at the time, because of the devolution settlement, so I viscerally understand his arguments. I regret that that was not done when the legislation was put in place for England and Wales.

I spent many hours at the Dispatch Box making arguments similar to those that the hon. Gentleman made about the importance of equal marriage. The state has no right to discriminate against people on the basis of their sexuality, and we have laws that prohibit that. As marriage is a fundamental part of our society, we should encourage more people to be married, including those in same-sex relationships. He is right that we need to make this change, but today’s debate will be about whether this is the place to do so. Does this debating Chamber and body of people have the right to do that? If we had that right, we would have exercised it when the initial legislation came through. I will listen closely to the Minister’s response before I make a decision on whether to support new clause 1. My heart tells me that it is the right thing to do, but my head is yet to be convinced that this is the right place to do it.

At the heart of my comments are new clauses 10 to 12, in the name of the hon. Member for Walthamstow (Stella Creasy), and amendment 9, in the name of the hon. Member for Kingston upon Hull North (Diana Johnson). The Women and Equalities Committee did a detailed and forensic analysis of the current situation on abortion in Northern Ireland. That was because of the report by the Committee on the Elimination of Discrimination against Women, which was published last year, and our concerns about the evidence that was put before us by individuals and organisations representing a range of beliefs and positions in Northern Ireland.

I will not go through all the recommendations in that report; I will focus on the key recommendation, which the Committee almost unanimously believed to be the change that should be made. It was about mums and dads facing the appalling prospect of their unborn baby dying before it is born or shortly after, because it has been diagnosed with what is called a fatal foetal abnormality. Our Committee felt strongly that the law needed to change in this respect forthwith—quickly, immediately—because of the impact that that was having on people’s lives and wellbeing, as well as the threat to their mental and physical health.

Hon. Members will be aware that cases are before the courts and will be going before the Supreme Court for consideration. There has already been partial consideration of the issue, following which the Supreme Court said that there was a very real prospect that the law in Northern Ireland contravened human rights. As a Parliament we should be concerned that not every woman in our constituencies, wherever they might be, enjoys the same access to care and support. If the women in my constituency were facing the prospect of having to carry a baby that was going to die, I would man the barricades to change that law.

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[Nigel Dodds]

I think that the hon. Gentleman is mistaken in relation to that issue, but there have been instances in which legislation has been passed for the whole UK, which was entirely appropriate because there was no dispute about it.

[Conor McGinn]

May I draw the right hon. Gentleman’s attention to his own new clauses 15 and 17, which propose the introduction of legislation relating to the armed forces covenant and the definition of a victim through exactly the same process through which I am proposing legislation relating to same-sex marriage?

[Nigel Dodds]

I shall deal with new clauses 15 and 17 when we discuss the second batch of new clauses and amendments, but the issues that they concern are UK-wide. The definition of a victim should be a UK-wide definition, and the military covenant should apply across the UK. That is the difference between the hon. Gentleman and me: I am taking a UK-wide approach, while he wants to override the devolution settlement at a time when there is a prospect of devolution being restored.

I referred earlier to issues on which there has been a consensus, a cross-party view that something should happen. The Government have always been willing to take such issues on board, as, indeed, have the Opposition. One example is the Historical Institutional Abuse Inquiry. All the party leaders have written to say that that is one area in which they would be content for something to be done, but that had been agreed by everyone across the community.

In this context, it is clearly appropriate to mention the sad passing this morning of Sir Anthony Hart, the chair of the inquiry which did such fantastic work in relation to victims of historical institutional abuse. It is a shock to us all, and I am sure that I speak for the whole House in extending sympathies and condolences to his family. That inquiry, and the sterling work done by Sir Anthony and all involved with it, has resulted in recommendations that have not been able to be taken forward, and indeed the Assembly was collapsed just a few weeks before proposals could be tabled. We urged that the Assembly not be collapsed to allow these proposals to be taken forward, but that was ignored by the Sinn Féin Minister of Finance. The fact of the matter is that there is one area where we do have total cross-party consensus, and we would certainly be supportive of taking that forward.

There is not cross-party support on the other areas, but on abortion there would certainly be a degree of concern among all parties in Northern Ireland about legislating; although the Northern Ireland Assembly parties across the board may take a different view on what needs to be reformed, they might not agree with Members here about the extent to which reform should happen in terms of time limits and the other aspects.

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[John Penrose]

Dame Eleanor, I had probably better not try your patience by going through them all. We have accepted a fairly large number of reporting requirements and we are happy to report back to this House on that basis. With my hon. Friend’s indulgence, I will perhaps go through the individual amendment numbers with her separately afterwards. With that, I draw my remarks to a close.

[Conor McGinn]

I pay tribute to all those colleagues who have taken part in the debate; it was characterised by strongly held, sincere views, articulated in an environment and atmosphere of respect and understanding. Although I know that disagreement remains over the substance of the issues that we spoke about, it is my strong contention that new clause 1, which stands in my name, lends itself to be supported by the Committee of the whole House tonight and I will press it to a Division.

Question put, That the clause be read a Second time.