Abortion Regulations: Northern Ireland

Debate between Fiona Bruce and Robin Walker

Thursday 4th June 2020 Commons Chamber

[Mr Walker]

I recognise that this is an issue on which the right hon. Gentleman and his party, as well as many others in Northern Ireland, have deeply held views, and I know that it is an extremely sensitive issue that many across the House have a deep interest in. I do not intend to rehearse matters of detail that we will rightly address in the Committee that has been convened to scrutinise the legislation.

The Government were placed under a statutory duty to deliver abortion law for Northern Ireland by implementing the recommendations of the CEDAW report. That duty came into effect, given that the Executive was not restored by 21 October 2019. That followed many months, if not years, of the issues receiving ongoing attention at Westminster on human rights grounds, including parliamentary questions, Committee inquiries, amendments to other legislation requiring the Government to report, and so on, leading to this particular amendment being voted through with a significant majority.

The statutory duty in section 9 of the EF Act did not fall away with the restoration of the Executive, nor with the making of the initial regulations that came into force on 31 March 2020. That is why we have had to re-lay the new regulations. Even if the regulations had not been approved by Parliament in time, or the deadline had not been met, the Government would still be under a statutory duty to introduce new regulations.

We have always been clear, when we consulted on this, that the consultation was about how we would deliver an abortion framework for Northern Ireland in line with the statutory duty that Parliament placed the Government under. It was not on whether the Secretary of State should be exercising this duty in the first place. That matter was decided by this sovereign Parliament. We think that, following the consultation and the publication of the Government’s response to that consultation, we have struck the appropriate balance in providing a framework that can be effectively commissioned in Northern Ireland and meet the needs of women and girls, as well as providing certainty and clarity for the medical professionals providing the service. We have always been clear that, in doing so, we would be respectful of the restored devolved institutions.

We hope that the regulations provide a solid framework for abortion services to be provided within Northern Ireland, although I appreciate that this remains a devolved issue and the Assembly can amend the regulations in future, subject to the usual Assembly and other procedures, including compliance with the European convention on human rights. Repealing section 9, which I know some in the right hon. Gentleman’s party have asked for, has never been a viable solution. This would have required primary legislation before Westminster, which would have been subject to a free vote on grounds of conscience, but we would still have a legal obligation to propose an alternative human rights-compliant model by 31 March to ensure we complied with convention rights.

Similarly, if the Executive and Assembly were to legislate for an alternative approach, it would still be required to be human rights and convention-compliant. I recognise that the Assembly did debate one aspect of the regulations on Tuesday—severe foetal impairment—and passed a motion stating that it does not support the provision allowing for abortions in cases of severe foetal impairment without time limit. While I respect the Assembly’s right to state its position on this, it does not have any bearing on the legal obligations that have been placed on us by this Parliament. Unfortunately, the motion that the Assembly debated and backed proposed no solution that would deliver a CEDAW-compliant regime in this regard.

The sensitive issue of severe foetal impairment has long been debated over many years right across the UK, and I recognise the strength of feeling on all sides of the debate, many of which have been expressed in this House over recent years. The Government are, however, under a clear statutory duty to allow for access to abortions in cases of both severe foetal impairment and fatal foetal abnormalities, and this is what we have delivered. This is also consistent with the provision in the rest of the UK under the Abortion Act 1967. We consider the regulations in this regard to be compatible with the requirements under the United Nations convention on the rights of persons with disabilities.

We recognise that these are difficult decisions, particularly so far as fatal foetal abnormalities or severe foetal impairment are concerned, which often occur late in wanted pregnancies, and it is right that women have the time to be able to make individual informed decisions, based on their own health and wider circumstances, in consultation with medical professionals. Putting in place proper support and provision of information to support women in making these informed decisions, including where women want to carry such pregnancies to term, is an operational issue for the Department of Health in Northern Ireland to take forward, as part of commissioning and overseeing abortion services as a new health service, consistent with the regulations. We have written to the Department on this point and stand ready to support it.

The Government stand ready to provide whatever support and guidance we can to both the Northern Ireland Minister of Health and the Department of Health to assist them in progressing work to set up these abortion services in line with the new legislative framework. I look forward to debating the detail of that framework next week.

[Fiona Bruce (Congleton) (Con)]

Progressing these regulations now that Stormont has returned and following Tuesday’s decision there would show a profound lack of respect for the people of Northern Ireland and their elected representatives, and the rushed manner in which they were proceeded with here has thrown up deep flaws. Sex-selective abortion is not lawful here. It has been described by the Government here as abhorrent, yet the Northern Ireland regulations allow abortion for any reason up to 12 weeks, with no prohibition on sex-selective abortions. It is now possible to tell the sex of an unborn child between seven and 10 weeks. Women could even travel here from Northern Ireland for a sex-selective abortion. Does the Minister think this Parliament really intended this, and does it not show why these rushed regulations should be scrapped and the issue properly returned to Stormont?

[Mr Walker]

I respect the strength of feeling that my hon. Friend has always deployed on this issue. The UK Government take the issue of sex-selective abortions very seriously. They publish an annual analysis on the male to female birth ratio for England and Wales to see if there is any evidence for this. The most recent analysis was published in October 2019, and it found no evidence that sex-selective abortions are occurring in Great Britain. The regulations for Northern Ireland do not make any reference to sex-selective abortion and they follow the same approach as the UK on this issue.

Northern Ireland (Executive Formation etc) Act 2019

Debate between Fiona Bruce and Robin Walker

Wednesday 8th January 2020 Commons Chamber

[Fiona Bruce]

I thank the hon. Lady for making that really important point. It is because I am so concerned about a number of issues relating to these proposals, and I appreciate that the Minister may not be able to respond to our specific points today, I wonder whether he would be willing to meet me, the hon. Lady and other concerned colleagues about the potential extent of these changes. I also hope that he will reflect on the appropriateness of bringing forward proposals that do not undermine devolution any more than section 9 requires.

[Mr Robin Walker]

Given that I may have very limited time to respond in detail at the end of the debate, I want to say that I am very happy to meet my hon. Friend and the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) to discuss these matters further.

[Fiona Bruce]

I thank the Minister for that.

Lord Duncan said yesterday in the other place:

“There has been no registered growth in illegal or back-street abortions in Northern Ireland”—[Official Report, House of Lords, 7 January 2020; Vol. 801, c. 172]—

since the current law was repealed in October. Can the Minister confirm how the Government know this and that doctors are not carrying out abortions, since there is no requirement for them to notify the Government or the Northern Ireland Department of what they might or might not be doing at the present time?

Eligibility of Members to vote on certain issues in the House of Commons

Debate between Fiona Bruce and Robin Walker

Tuesday 24th March 2015 Commons Chamber

Fiona Bruce (Congleton) (Con)

- Hansard -

I rise to present a petition in the same terms on behalf of my constituents in Congleton, who consider this to be a matter of fairness and justice for themselves and all the people of England.

The Petition of the residents of Congleton.

[P001472]

Mr Robin Walker (Worcester) (Con)

- Hansard - - Excerpts

I rise to present a petition in the same terms on behalf of the residents of the faithful city of Worcester. It has been signed by more than 400 residents and 100 residents have signed a similar petition online.

The Petition of the residents of Worcester.

[P001473]

Petitions

Debate between Fiona Bruce and Robin Walker

Tuesday 24th March 2015 Commons Chamber

[Fiona Bruce (Congleton) (Con)]

I rise to present a petition in the same terms on behalf of my constituents in Congleton, who consider this to be a matter of fairness and justice for themselves and all the people of England.

The Petition of the residents of Congleton.

[P001472]

[Mr Robin Walker (Worcester) (Con)]

I rise to present a petition in the same terms on behalf of the residents of the faithful city of Worcester. It has been signed by more than 400 residents and 100 residents have signed a similar petition online.

The Petition of the residents of Worcester.

[P001473]

School Funding

Debate between Fiona Bruce and Robin Walker

Tuesday 24th April 2012 Westminster Hall

[Mr Robin Walker (Worcester) (Con)]

It is good to see such a well subscribed debate under your chairmanship, Mr Gray. I am mindful that Worcestershire’s lowly place near the bottom of the league tables for school funding is only one above that of Wiltshire so, although as Chair you can make a limited contribution to the content of the debate, it is appropriate for you to be presiding over it.

I declare an interest as an unpaid member of the executive of F40, a cross-party group that campaigns on behalf of Wiltshire, Worcestershire and the other authorities that are among the lowest funded in the country. I also congratulate my hon. Friend the Member for Gloucester (Richard Graham) on securing today’s debate. He and I have worked closely together on a number of issues, representing as we do two of England’s finest cathedral and rugby-playing cities. It is always a pleasure to hear him speak eloquently and wittily for the interests of his constituents and schools, interests on which Gloucester, Worcester and, it appears, Warrington are fully united.

I am pleased to speak before a Minister who understands such a complex and difficult area of policy extremely well. He has a firm grasp of the issues facing our schools and has given a great deal of time to colleagues and to campaign groups, for which I thank him. He has previously expressed the clear and unequivocal view that the current system of school funding is flawed and that reform is necessary. Indeed, before I express my pleas and concerns, it is important to recognise that there was much to be warmly welcomed in the Government announcement of 26 March, “Next steps towards a fairer system”. The Secretary of State, in his foreword to the paper, said:

“The current system is opaque, inconsistent and unfair with huge differences between areas.”

I could not agree more. He promised a new national funding formula after the next spending review—the right answer on the wrong timetable in my opinion, but nevertheless the right answer.

The Secretary of State also announced moves to simplify significantly local funding formulae and to create much greater transparency—I welcome the latter in particular, because transparency might be the key to breaking down the vast disparities and lack of consistency in the current system. If Ministers mean school governors to have more notice of their funding arrangements in future, I strongly welcome such a move, which has been called for by pretty much every school governor I have ever met. If, too, we will see the per pupil funding that is actually received school by school and area by area—rarely possible to date—I welcome it all the more. Ministers could be providing the decisive weapon to expose once and for all the disparities of the system; organisations such as F40 will use it to the best of their abilities.

[Fiona Bruce]

I congratulate my hon. Friend on his work co-ordinating Members in the F40 group, of which I am one. I highlight again the anomalous funding position of the adjacent large unitary authorities of Cheshire East and of Cheshire West and Chester. Cheshire East runs from Poynton near Stockport in Greater Manchester in the north right down to Audlem, near Shropshire, in the south; within that range, we have severe pockets of deprivation. Meeting with head teachers, I have the sense that not only do they see the funding as unfair but they feel the injustice. Is it not right that we address the issue as a matter of justice, and that we do so expeditiously?

[Mr Walker]

Absolutely, I could not agree with my hon. Friend more. That injustice would be made all the more clear if there were greater transparency on school-by-school funding.

There have also been some moves to protect special needs funding and to simplify arrangements for early years provision, all of which we welcome. The Government set out plans to end disparities within local authority areas but, with a perhaps understandable concern to limit turbulence, they have so far resisted dealing with disparities between authorities until 2015. There is much to praise, therefore, but that last point is a profound mistake.

The biggest and most obvious flaws in the current funding system, as my hon. Friends have pointed out, are the yawning gaps left in per pupil funding between neighbouring authorities. There is a gap of £1,088 between annual per pupil funding in Worcestershire and neighbouring Birmingham; my hon. Friend the Member for Loughborough (Nicky Morgan) mentioned the gap of almost £900 between Leicester and Leicestershire, the lowest funded authority; and there is the stunning gap of nearly £5,000 between the lowest and the highest authorities. We have often discussed such disparities before, and I accept that there are many historic and political reasons for them, but the Minister has accepted the point that no firm formula underpins them any longer. The successive layers of government priorities that created those gaps have ossified over the years, and the gaps have grown ever wider as spending has grown, creating an unfair and indeed unjustifiable system.

It is extremely welcome that the Government have recognised the problem, and the previous Government suggested that they were beginning to do so, but it is not enough to recognise a problem—the challenge is to correct it. When the previous Labour Government opened a consultation on funding reform but proposed no preventive action, I and many others present would have accused them of dithering. Now that my own coalition Government, whose education reforms I support strongly and whose pupil premium I have praised, are proposing no action until after the next spending review, I cannot do otherwise with them. To accept the need for fundamental reform but to postpone any move towards it is similar to a dentist recognising the cause of a toothache making a patient’s life unbearable and then offering to deal with it in three years’ time. If such a case came to our surgeries as MPs, we would react with outrage. On behalf of all the teachers, head teachers, parents and—above all—pupils in our schools, we must demand swifter action now.

The question is not about a system that rewards the neediest areas and gives least to the best off. If that were the case, the City of London would hardly be the best funded authority in the country, nor Kensington and Chelsea in the top 10. Since the introduction of the pupil premium, many F40 authorities have received a good chunk of pupil premium funding, despite the factors mentioned by my hon. Friends, showing that there are significant levels of deprivation in many F40 areas. In my own urban constituency, I have wards that are among the most deprived in the entire country. However, the low level of underlying funding, before the allocation of the pupil premium, means that many head teachers in those wards tell me that they need the extra money to break even—to keep their schools afloat—and that they cannot spend the money on what it was intended for, to improve the chances of the most deprived.