Northern Ireland (Executive Formation) Bill

Fiona Bruce Excerpts

2nd reading: House of Commons
Monday 8th July 2019 Commons Chamber

[Fiona Bruce (Congleton) (Con)]

It is an honour to follow the right hon. Member for Belfast North (Nigel Dodds) —we agree on so many subjects. In my brief contribution, I will pick up on one particular theme that he raised.

I am sure that all hon. Members will regret that we are here today to debate this Bill, which extends, yet again, the time for forming an Executive in Northern Ireland. We had all hoped, when we debated a similar Bill last autumn, that the Executive and Assembly would be back in place by now. I hope that the Secretary of State will therefore give us an update on, as she said last year, the

“clear goal of restoring the devolved power-sharing Executive and Assembly.”—[Official Report, 6 September 2018; Vol. 646, c. 347.]

As that has not happened, this Bill is being brought forward with the stated—and limited—intent of safeguarding the continued delivery of public services, achieved by clarifying the powers of the Northern Ireland civil service to take certain decisions in the absence of Ministers.

Like last year, numerous amendments have been tabled to the Bill to raise important points about policy in the Province. The wide-ranging scope of the amendments reinforces the need for the Assembly to be back up and running as soon as possible, but as I said last year, this short Bill should not be about deciding on key devolved policy issues, which are more properly decided by the people of Northern Ireland and their elected accountable representatives. This Bill is very narrow in scope and that narrow scope should be respected. It is not a Bill that should be used to upset the devolution position. Will the Minister comment on that when he concludes? As the House of Commons explanatory notes say,

“It is simply a series of measures to continue to manage the current period without Northern Ireland Ministers.”

[Ian Paisley]

Is the hon. Lady aware of the briefing passed out this evening by the British Pregnancy Advisory Service, which indicates that the amendments tabled to the Bill are about usurping the powers placed in Northern Ireland and bringing them back here? It goes on to say that one amendment would force an oral statement to be made in the House of Commons that would normally be made in the Assembly.

[Fiona Bruce]

I shall comment briefly on that and, if necessary, in more detail in Committee.

This House has agreed that many areas of law and policy should be devolved to the different countries that make up the United Kingdom. Devolution means we accept that we have differing policies in different jurisdictions, and how money is spent can differ between them. There are amendments tabled to the Bill that seek to allow Westminster to materially alter some sensitive areas of the law. I hope the Government will continue to argue that those are matters for Northern Ireland, as has consistently been the Government’s line to date. Will the Minister confirm that? In the debate in the other place on last year’s Bill, the former Lord Chancellor, Lord Mackay of Clashfern, said:

“the only statutory authority with authority to alter the statutes and statutory instruments is the Legislative Assembly of Northern Ireland and Ministers of that Assembly. There is no power whatsoever in the United Kingdom Parliament to interfere with that while it is devolved.”

That is the position we should uphold.

I am especially concerned about the amendments tabled to the Bill that seek to change the law on abortion in Northern Ireland. I will speak further to those amendments should they be selected for debate in Committee, although I sincerely hope they will not be, as they are out of scope. As Lord Mackay also said in that debate,

“The position is that abortion has been made a devolved subject.”—[Official Report, House of Lords, 30 October 2018; Vol. 793, c. 1233.]

I hope that the Members who tabled those amendments will consider withdrawing them before Committee tomorrow.

Northern Ireland (Executive Formation) Bill

Fiona Bruce Excerpts

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

[Stella Creasy]

Forgive me, but I have given way. I am conscious that other people want to speak in this debate. I understand the concerns of the right hon. Member for Basingstoke, who is no longer here, but I genuinely believe that if we do not address the international obligations that we have—and that this legislation leaves us unable to address at the moment—we will continue to see these cases. We will continue to see the distress of women in Northern Ireland, and that will be a human rights issue.

There is a more fundamental point here, which the right hon. Member for Arundel and South Downs talked about: if we are prepared to jettison some human rights and say that they are not as important as others, that is the thin end of the wedge. Are we going to say that in Northern Ireland people will not have the same rights of freedom of expression, of protection from slavery and of protection from torture, and the same rights to life? Specific human rights, and specific international reports and obligations that we have been part of, are at the heart of this amendment. We will not be able to stand up and champion human rights in other parts of the world, because other countries will rightly turn to us and say, “Hang about, what about your own backyard? What are you doing there?”

I understand that, if it was not for the fact that we do not have an Assembly, this would absolutely not be the right way forward, but we do not have an Assembly and we will not have one any time soon. This is about a power of a statutory instrument; it is not about specifying what should be in that statutory instrument, so there is plenty of scope to address these issues. Medical guidelines have been prepared by campaigners in Northern Ireland, be they Alliance for Choice, the London-Irish Abortion Rights Campaign, Together for Yes or those medical agencies.

There is a simple point here: each of us should want, in the work that we do at a national and international level, the same rights that we want for our own constituents. I would like every woman in Walthamstow to be able to have the choice to have a safe, legal and local abortion if she wants it. We all know that stopping people accessing abortion legally does not stop abortion. The cases where there have been prosecutions, where people have been killed and where we see online the stories of these women tell us that abortion is still happening for Northern Irish women, but right now that issue is being exported, rather than dealt with as an equalities issue. So I ask the Committee: how much longer are the women of Northern Ireland expected to wait? How much more are they expected to suffer before we speak up—the best of what this place does—as human rights defenders, not human rights deniers?

[Fiona Bruce (Congleton) (Con)]

I find myself in agreement with the concerns expressed by the Chair of the Women and Equalities Committee about the far-reaching implications of new clause 10, which relates to abortion law changes in Northern Ireland but has implications for England and Wales, too. So I am against that proposal, and new clauses 11 and 12. This is not the time, nor the place, to be making such changes, which are of course completely unconstitutional, bearing in mind that devolution has ensured that abortion is an issue that Northern Ireland and its own Assembly have had authority to make decisions on for almost 100 years.

[Huw Merriman]

Does my hon. Friend recognise that treaty obligations are a matter for Parliament, so this is not actually an issue about devolution? The Supreme Court has made that point, too.

[Fiona Bruce]

I will come on to that point in considerable detail in my speech, if Members will bear with me.

[Emma Little Pengelly]

I wish to touch on a point that was raised earlier. Does the hon. Lady agree that things are being said about this, particularly in relation to threatened imprisonment, that are not true and causing additional distress? In relation to the recommendations, they are simply recommendations on the way this could be done. It is right and proper that this is scrutinised to see exactly what the detail should be, and it should not be done by way of simple regulation or statutory instrument.

[Fiona Bruce]

I absolutely agree. If Members will permit me, I will go into detail on those concerns.

Last year, this House debated a similar Bill and many similar arguments were aired when we debated the amendment tabled by the hon. Member for Walthamstow (Stella Creasy), which was passed and became section 4 of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018. That section required the Secretary of State to

“issue guidance to senior officers of all Northern Ireland departments which will specify how to exercise their functions in relation to—

(a) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of sections 58 and 59 of the Offences against the Person Act 1861 with the Human Rights Act 1998”

within three months of the Act passing. That guidance was issued by the Secretary of State in December. She clarified that:

“No declaration of incompatibility under section 4 of the Human Rights Act 1998 has been made by the Courts in respect of sections 58 and 59 of the Offences Against the Person Act 1861.”

She added that the guidance notes that it does not, and cannot be used to, change the current law on abortion. Section 4 did not require any further reporting on the law or its operation in Northern Ireland. So here we are again with Members seeking to put forward a considerable number of amendments relating to substantial changes to the law on abortion in Northern Ireland, despite this issue being within the devolved competence of the Assembly.

--- Later in debate ---

[Diana Johnson (Kingston upon Hull North) (Lab)]

I rise to speak to amendment 9, which has cross-party support. I was very pleased that the Chair of the Women and Equalities Committee, the right hon. Member for Basingstoke (Mrs Miller), spoke in support of my amendment. The amendment would add to clause 3 a new subsection to place a duty on the Secretary of State to report on the legal framework on abortion in Northern Ireland, with an analysis of how the framework can be amended by this Parliament during the period when there is no Executive, subject to a sunset clause, to respect the devolution settlement. That would be done to comply with the human rights obligations of the United Kingdom.

We have had plenty of debate about our human rights responsibilities, and I know that many Members of this House are very concerned about the breaches of women’s human rights in Northern Ireland in relation to abortion. As we have heard, the law is still based on the Offences Against the Person Act 1861, which punishes a woman who terminates her pregnancy or anyone who assists her with up to life imprisonment. Members will also be aware that the Abortion Act 1967 has never applied in Northern Ireland.

The law on abortion in Northern Ireland is one of the most restrictive and harshest in the world—abortion in cases of rape, incest and fatal foetal abnormality is not allowed in Northern Ireland. We know that prosecutions take place. We have heard about the mother who bought tablets off the internet for her daughter, who was in an abusive relationship.

[Fiona Bruce]

Will the hon. Lady give way?

[Diana Johnson]

I am going to carry on.

We have heard about the woman who had a self-induced abortion because she could not afford to travel to England or Scotland. We have also heard of the 1,000 women who travel to access abortion services in England and Wales.

Following the referendum in the Republic of Ireland, a very stark light is now shining on this archaic law in Northern Ireland. With no Assembly sitting for over two years, we have seen no progress in dealing with this situation, but we have seen the United Nations Committee on the Elimination of Discrimination against Women finding grave and systematic breaches of women’s human rights in its inquiry into abortion in Northern Ireland in February 2018. The Women and Equalities Committee said:

“The UK Government needs to set out a clear framework and timeline to address the breaches of women’s rights in Northern Ireland under the CEDAW Convention that have been identified by the UN Committee on the Elimination of Discrimination Against Women if there is no government in Northern Ireland to take this action.”

In July 2019, the UN Committee against Torture said:

“The Committee recommends that the State party ensure that all women and girls in the State party, including in Northern Ireland, have effective access to the means of terminating a pregnancy when not doing so is likely to result in severe pain and suffering, such as when the pregnancy is the result of rape or incest, when the life or health of the pregnant person is at risk and in cases of fatal foetal impairment.”

Some Members have tried to disparage the committees of the United Nations, but the United Kingdom Supreme Court identified a breach of human rights in relation to cases of fatal foetal abnormality, rape and incest—it simply did not make a declaration of incompatibility because the Northern Ireland Human Rights Commission did not have locus, due to a drafting problem with the legislation that needs to be rectified. The Women and Equalities Committee has made it clear that it believes a very strong case is made by the highest court in the land.

There is a case currently making its way through the courts, and it is very likely that there will be a finding of incompatibility in the next few months. I want to pay tribute to that exceptional, strong, brave woman from Northern Ireland, Sarah Ewart, who, supported by Amnesty, is bringing this case through the courts because of her own experience of having to travel to England when she was told that her pregnancy had a fatal foetal abnormality. The reasonable approach to take, recognising that that finding of incompatibility is coming at us in the next few months—

--- Later in debate ---

[John Penrose]

No, I think I can probably reassure my right hon. Friend on that, but I would reaffirm to him that there are real technical concerns about the new clause and that those will have to be fixed. He is broadly right on the broader point that a very simple Bill, which is only supposed to change two dates, has ended up with a very large number of other amendments attached, so he has a broader underlying point at least.

[Fiona Bruce]

Will the Minister give way?

[John Penrose]

I will give way once more, and then I really must make progress because I do want to get through my speech.

[Fiona Bruce]

For the sake of clarification, the CEDAW report recommends the repeal of sections 58 and 59 of the Offences Against the Person Act 1861. Will that repeal affect the entirety of the UK, not just Northern Ireland? That is the question.

[John Penrose]

As I understand it, if we repealed that, yes it would. However, I think the point has been made elsewhere that that is not necessarily the route we have to go down because those sections have already been dealt with in different ways for the rest of the UK.

I do not want to revisit the substance of this, particularly as it has been debated extensively already, so with everyone’s permission, I would like to move on—it being incredibly important—to the victims of historical institutional abuse. I express my sincere sadness at the death of Sir Anthony Hart. He was a dedicated public servant and a highly respected High Court judge. As chair of the historical abuse inquiry in Northern Ireland, he provided a comprehensive set of recommendations for redress to be delivered to victims and survivors of historical institutional abuse. I am sure our thoughts and condolences go to his family and friends after his unexpected and very recent demise.

I understand the frustration of victims and survivors of this terrible abuse. We absolutely must do everything we can to ensure that the victims and survivors get the redress that they deserve. Following recommendations by the Northern Ireland parties, the Executive Office is working with the Office of the Legislative Counsel to redraft the legislation required to establish the redress scheme. The Opposition propose that clause 3 include a requirement to publish by 11 September a report on progress made in implementing the Hart report, including a compensation scheme under a redress board. Given the importance of the matter, the Government are happy to accept the amendment, and will report back to Parliament on that vital matter.

Many people have been concerned about the collection of amendments in this group. They have been concerned about its size, its length, its composition and the set of priorities that it seems to reveal. I would just say, on a broader point, that the concerns that were uncovered in yesterday’s Second Reading debate have become ever clearer and more specific during our debate and discussions in the Chamber today. The concerns are simply that, because people are getting worried about the failure of the Northern Ireland Executive and the Stormont Assembly to sit, there is a danger that the credibility of that Assembly, and with it the credibility of the Northern Ireland democratic settlement, will begin to be undermined —that it will begin to be eroded and, with that, we are starting down, potentially, an extremely dangerous slope, where the credibility of democracy, and of peaceful resolution of disagreements, is eroded in a historically bitterly divided society, and democratic solutions cease to be the obvious answer. That is something which we must avoid at all costs; to prevent that is an essential goal, which we must never lose sight of.

--- Later in debate ---

[Gavin Robinson]

I agree with my right hon. Friend, although in fairness, the comments that we were talking about attached to the amendment on victims definition, and the shadow Secretary of State did indeed indicate that he would look at the report brought forward by the Government. But time moves on, and this is not a new issue. Today and yesterday, we have talked about the implementation of rights, and if something is right for armed forces personnel and veterans who live in Rochdale, it should be right for those who live in East Belfast and across Northern Ireland. I am grateful for the time that you have allowed, Dame Rosie, and I will now take my seat.

[Fiona Bruce]

I rise briefly to speak to amendments 21 and 22, which are in my name. In relation to the report under clause 3(1), amendment 21 would place a duty on the Secretary of State to report on the law relating to gambling and on support for those experiencing problem gambling. Amendment 22, similarly, would place a duty on the Secretary of State to report on the assistance and support offered to victims of human trafficking in Northern Ireland.

Northern Ireland (Executive Formation) Bill

Fiona Bruce Excerpts

Ping Pong: House of Commons
Thursday 18th July 2019 Commons Chamber

[Nigel Dodds]

No, I do not have time. I only have five minutes, and everyone who wishes to speak will get a chance to do so.

Sadly, when it comes to Northern Ireland debates, the Chamber fills up and people take an interest only when it serves their purposes. I would like to see as many people take an interest in Northern Ireland affairs when we are debating issues that really affect and have a practical impact on the constituents whom we represent. The time devoted to discussing the substantial issues introduced in Committee and in the other place has been woefully short, given their gravity and impact.

Section 75 of the Northern Ireland Act 1998 has provisions for consultation. If the Government introduced measures that sidestepped that, there would be outrage on the Opposition Benches and, indeed, on the Government Back Benches and on ours. All that has been cast aside, however, because the end justifies the means. Every parliamentary norm and every norm of consultation, consideration and the principle of devolution has been set aside.

People say that this place has a right to act constitutionally and legally. Of course it does, but the reality is that they are being very selective. We are legislating on some of the most contentious and divisive issues, on which there is no consensus, and leaving aside the hundreds of other issues on which there is consensus about the need for a common-sense approach and to take action. Either we have direct rule and legislate on all those areas, or we respect devolution—we cannot have it both ways—and I think we are running very close to the time when that clear choice will have to be made.

Sadly, the issues have been given very little time for discussion—a couple of hours on Monday, a couple of hours in the House of Lords and a few minutes here today. On the fundamental change to the law on abortion in Northern Ireland, Roman Catholics and Protestants, Unionists and nationalists take a very different view from that of many people in this House, but they have been left to one side. Their views have not been, and are not going to be, listened to as a result of the procedures that have been set out.

This House inserted an abortion provision, which has become clause 9, and it is being imposed on Northern Ireland, even though every Member for Northern Ireland who takes their seat in this House voted against it. The Lords has now rewritten the clause, so the 99 Members who voted against it on Monday are now faced with a much more radical provision. It makes abortion legal for absolutely any reason, including gender and disability, until a legal presumption of 28 weeks.

There is a provision, of course, to account for viability under the Criminal Justice Act (Northern Ireland) 1945—I accept that—but the fact of the matter is that the amendment tabled in the other place would remove the main provision in our law on 22 October without making any provision for a regulatory framework to replace it until the end of March. We will be in limbo between 22 October and 31 March. We may have guidelines, and I hope the Minister will say something about interim regulations to plug that gap.

This is a very serious situation and it is very difficult for most of our constituents—on all sides of the community—to comprehend it. Many people are outraged and very frustrated that this House has acted in this way. Of course it has the right to do so, but given the lack of time, consideration and consultation, to take such drastic steps on a matter of such import and concern, on which there is cross-community consensus on the need to take a more careful and different approach, is completely wrong.

[Fiona Bruce (Congleton) (Con)]

I rise to oppose the totally new Lords-amended clause 9. If the amendment is agreed to, Northern Ireland will have the most permissive abortion law in the British Isles.

The way in which the issue of abortion and, indeed, the Bill has been handled has been, I believe, unconstitutional, undemocratic, legally incoherent and utterly disrespectful to the people of Northern Ireland, yet the Government are pressing on today with just a derisory one hour’s debate. That is despite the fact that abortion is a devolved policy area and a hugely controversial issue, and despite the shamefully limited scrutiny time we have already had.

The decision to fast-track the Bill was considered contentious even in respect of its limited original purposes. The Lords Constitution Committee recently discouraged the use of fast-tracking in the context of Northern Ireland legislation, except for urgent matters. The amendments to change the substantive law on abortion and, indeed, marriage were outside the scope of the Bill and should never have been debated in this place. What are the constitutional implications for the respect of scope for future parliamentary Bills? It is well known that these matters are of particular sensitivity in Northern Ireland.

[Nick Boles]

On a point of order, Mr Speaker. As you know, I am a relatively new Member, but I thought that the determination of what was or was not in scope was for you, Sir, not for us.

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[Fiona Bruce]

Thank you, Mr Speaker, for giving me the opportunity to put my opinion on the record in respect of the way the Bill has been extended beyond what I believe what was its original intention. Indeed, I spoke to that effect when it was discussed in the House only a few days ago.

As I say, the laws in this subject area are of great importance to the people of Northern Ireland, many of whom celebrate the fact that 100,000 people are alive in Northern Ireland today as a result of the abortion laws there being different from those here. There has been no consultation with the people of Northern Ireland or their elected representatives on this issue. The democratically elected representatives in Northern Ireland voted not to change the abortion law there in any way as recently as 2016. As such, Northern Ireland’s primary legislation in this policy area enjoys a more democratic recent sanction than that in any other part of the UK: 100% of the Northern Ireland MPs present voted against attempts to change the abortion law just a few days ago.

Yesterday, I had the privilege to deliver personally a letter to the Prime Minister from Northern Ireland MPs, peers, MLAs and 17,000 other residents of Northern Ireland. I have a copy of it with me, and it asks for the withdrawal of this Bill, which the Northern Ireland Attorney General has said is “unclear and inconsistent” with regard to human rights issues. There is a covering note from Baroness O’Loan—I pay tribute to her and the speech she made in the other place on this issue—in which she says:

“Please do not ignore the concerns of so many, articulated in a couple of days”—

the signatures were gathered in just a few days—

“in response to the fast tracked NI Bill.”

The letter requests that the Bill be reconsidered.

I understand that what has actually happened following the original amendments to the Bill on the issue of abortion is that rather than moving to minimise the constitutional concerns expressed in this place about those changes and the way that Parliament had treated the people of Northern Ireland just a few days ago, Government representatives have met sponsors of the out-of-scope amendments—it is my opinion that they are, Mr Speaker—and worked with them to enhance the efficacy of the provisions.

So much for respecting the human rights of the people of Northern Ireland in terms of their freedom of expression, speech and belief. Let them decide on such sensitive issues. We talk here about the importance of not being colonial, but what is this? Is this what the new colonialism looks like? I will not support clause 9 and I will not support the Bill with clause 9 in it.

Thank you, Mr Speaker, for giving me the opportunity to say what the Government should have done, which was to preserve the integrity of the Northern Ireland Act 1998, respect the Sewel convention and uphold the integrity of the Bill in its intended limited format.

[Tom Brake (Carshalton and Wallington) (LD)]

I rise simply to support the amendment; however, like others, I regret the need for it. It is needed because of the position adopted by one person—the person who will be our next Prime Minister, who, if I recall correctly, did in fact campaign for parliamentary sovereignty but is now dangling the threat of abolishing Parliament over our heads. Even dictators in banana republics are reluctant to deploy that threat. It is shameful.