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.

--- Later in debate ---

[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.