Abortion in Northern Ireland

Hannah Bardell Excerpts

Thursday 25th March 2021 Commons Chamber

[Brandon Lewis]

I say to my right hon. Friend that this is a matter of domestic law; I have been clear about that. It is about the legal obligation taken forward from this House in 2019. It requires us and the Northern Ireland Executive to ensure that they have an offer and services that are CEDAW-compliant. My right hon. Friend is absolutely right that the implication and obligation of that are in domestic law; it is not an international law issue. But it is a domestic law.

These regulations are not actually about opening up the abortion laws themselves; they are about applying the laws in place that mean that Northern Ireland women and girls will have access to care in the same way as they would elsewhere in the United Kingdom.

[Hannah Bardell (Livingston) (SNP) [V]]

Polling by Amnesty and others has consistently shown that Northern Ireland is pro-choice. I have had the great privilege of meeting Sarah Ewart and Denise Phelan—two women who have campaigned tirelessly for abortion rights and human rights in Northern Ireland. They both suffered the most traumatic and devastating of losses: fatal foetal abnormalities that meant that they needed an abortion. But they could not even access the most basic of healthcare in Northern Ireland. Will the Secretary of State make sure that their suffering and trauma and their bravery in speaking out and campaigning are not in vain? Does he agree that wherever in the world a woman is, she should have the right to choose and to have her dignity and human rights upheld?

[Brandon Lewis]

The short answer is absolutely yes; the hon. Lady is absolutely right. I would go further. She has outlined a couple of specific cases. I did not name people, for a particular reason that she will appreciate. This is not a criticism of what she said at all. She is absolutely right and I know the individuals concerned. It is not just the poor access to healthcare and the harrowing examples that I outlined—the hon. Lady gave an example of a couple of people who have been through dreadful situations—but the bravery of those women in having the strength to stand up and highlight the issues so that others can understand. I also fully understand the abuse that they have had to withstand for speaking out and being clear about their own experience. That is unacceptable and we should all be calling it out.

Pat Finucane

Hannah Bardell Excerpts

Wednesday 11th November 2020 Westminster Hall

[Hannah Bardell (in the Chair)]

Order. I draw Members’ attention to the antibacterial wipes on their desk and ask that they clean their microphones and work area as they arrive and leave and dispose of those wipes in the bin on their way out. Our cleaners do an excellent job, but let us make it as easy as possible for them.

I would also like to read a statement before we begin the debate. Before I call the hon. Member for Foyle (Colum Eastwood), I should advise hon. Members that the judicial review currently before the High Court is not sub judice, because it relates to a ministerial decision. There are several other historical Northern Ireland cases which have active legal proceedings and are, therefore, sub judice. Reference should not be made to those proceedings in this debate. I thank the hon. Member for Foyle for his courtesy in consulting the Table Office in advance of his debate, and I remind any other Member participating in this debate to be equally mindful of the sub judice resolution in matters still before the courts.

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[Several hon. Members rose—]

[Hannah Bardell (in the Chair)]

Order. A number of people wish to speak. If Members keep their contributions to five minutes, I will be able to bring in the shadow Minister at 5.15 pm and the Minister at 5.20 pm, with —I hope—time for Mr Eastwood to sum up at the end.

[Kevin Brennan (Cardiff West) (Lab)]

It is an unusually great pleasure to be able to serve under your chairship, in your first outing as Chair here in Westminster Hall, Ms Bardell. It is a great pleasure to follow my hon. Friend the Member for Foyle (Colum Eastwood) and to belatedly welcome him and his party back to the House of Commons. In the last Parliament, there was a missing piece in the parliamentary puzzle, which meant we did not see the whole picture when it came to Northern Ireland politics. It is very important that the nationalist viewpoint in Northern Ireland is represented here in this House.

Given my own family background, I have taken an interest over many years in the politics of Ireland and Northern Ireland. I have visited Belfast on many occasions during my parliamentary career. When I went there, I was always struck by the similarity between the cities of Belfast and Cardiff, which I represent—in their architecture, in their size and in the warm welcome of the citizens of those two cities.

In drawing on that comparison, I have to ask whether it would be acceptable in my city, and to my constituents, if the state were involved in hampering the discovery of the truth about the murder of one of its citizens. The answer to that question has to be an emphatic no. If that is the case for Cardiff, or for Leeds, Barnsley, St Helens, Sheffield, Worcester or any of the other constituencies that elect Members to this House, it is equally unacceptable for Belfast.

The troubles were a dark and violent time in the history of these islands. Thousands of civilians and soldiers—we remember our armed forces on this Armistice Day—lost their lives as a result of calculated brutality, which still echoes darkly down the generations. In that awful period, the appalling murder of Patrick Finucane in February 1989 was one of the darkest moments. Thirty-one years on, it remains a source of grave public concern, not just in Northern Ireland and Ireland, but across the United Kingdom and anywhere in the world where people seek and care about justice.

Both Lord Stevens and Judge Cory were clear that there was state collusion in the murder of Mr Finucane. As my hon. Friend the Member for Foyle said, the then Conservative Prime Minister, David Cameron, described the outcome of the separate de Silva review as revealing

“shocking levels of state collusion.”—[Official Report, 12 December 2012; Vol. 555, c. 296.]

It is now 20 months since the Supreme Court found that inquiries into Mr Finucane’s murder had been unlawful under article 2 of the European convention on human rights. Investigations that have taken place have had profound shortcomings, and those shortcomings, in the words of Lord Kerr,

“have hampered, if not indeed prevented, the uncovering of the truth about this murder.”

That this crime could happen at all in our country is in itself a shocking stain on the fabric of our recent history. That it has never been investigated to a lawful standard is a tear in that same fabric that needs to be repaired.

The issues at stake could scarcely be more important. The European convention on human rights is the foundation that underpins the Good Friday agreement and is the fundamental safeguard on which citizens rely. Those rights are not trivial. Compliance with them is non-negotiable.

As my hon. Friend has said, the family of Pat Finucane have had to wait too long for the adequate and effective investigation into his murder that is their right and the right of all citizens whom we represent in this place. Last month, as we have heard, Patrick Finucane’s widow, Geraldine, was forced to take action in the High Court to seek a resolution from the Government. Mr Justice McAlinden, overseeing the case, described his deep unease at the approach of the current Secretary of State for Northern Ireland. This delay has added insult to injury. Mrs Finucane has received unequivocal undertakings from the British Government that such an inquiry will be held, and that should now be honoured.

The administrative burden in establishing an inquiry is simply not a justification to prevent the truth from emerging. The long years that have passed since the ceasefire and the Good Friday agreement have served to demonstrate that unless justice is done and seen to be done, the wounds of the past simply will not be allowed to heal, so I say to the Minister: the time has come to right past wrongs and allow this public inquiry to proceed.

[Hannah Bardell (in the Chair)]

The next speaker on the call list has given notice that he will be late, so I now call Stephanie Peacock.

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[Jim Shannon (Strangford) (DUP)]

May I first congratulate you, Ms Bardell, on being elevated to your new position? I wish you well and know that you will do the job extremely well. I thank the hon. Member for Foyle (Colum Eastwood) for raising the issue. I spoke to him beforehand, so he knows where I am coming from. I just want to put some things on the record. On the facts of the case that he has so meticulously outlined—I say this for the record—my heart goes out to the family members who have been left with an empty chair that will never be filled. They have my sincere condolences. No one should ever lose a loved one in such circumstances. That is where I am coming from. That is my standpoint.

Unfortunately, it is the history of Northern Ireland that too many families have been left feeling this endless grief. The hon. Member for St Helens North (Conor McGinn) just referred to that. Too many daughters have walked down the aisle alone, too many sons have graduated without their proud parent watching on, and too many mothers have wept over the clothes of their sons whose scent has long faded away. The devastation is clear in so many households in the Province to this day, and their loss must be acknowledged. I want to put that on the record.

I wish that that were not the case. I wish that my cousin Shelley did not have memories of that first Christmas without my cousin Kenneth Smyth after he was ruthlessly murdered 49 years ago, on 10 December 1971, by the IRA. I wish that his companion, friend and fellow worker, Daniel McCormick, had not been murdered. He happened to be a Roman Catholic, by the way, and the IRA murdered both of them on a road outside Castlederg 49 years ago. When Shelley came to me with Kenneth’s file clutched in her hands and tears in her eyes, I wish that I could have given her the justice she sought—I and everyone else here has equally sought justice—but I could not do that because it was not in my power.

This is not about tit for tat. I do not seek in any way to take away from the pain that the Finucane family felt and feel today. I, too, have had my debate in this House calling for the murder of Kenneth Smyth to be reopened, as well as that of Lexie Cummings, who was murdered by the IRA in Strabane. I have called for their murderers and the collaborators to be brought to justice, but nothing has been achieved, not because they did not deserve it—they did—but because they did not get their justice.

Kenneth Smyth’s sister and family, including my side of the family, long to see justice, yet we must trust in the most righteous judge of all. I am a Christian and I believe that you might escape justice in this world, but you will not escape it in the next. I believe that in my heart. I am sure that others here would concur with my sentiments. The righteous judge will mete out the appropriate justice to all those evil men and women who killed and have not been made accountable.

This debate was titled well: that consideration be given to the potential merits of an inquiry. I do see a family devastated and I want justice for them. At the same time, I see Kenneth Smyth’s family and Lexie Cummings’ family. I have a meeting coming up on a case that has come to me in the last few weeks. Private John Birch was one of the four Ulster Defence Regiment men murdered at Ballydugan, which I have spoken about in this House—two or three Members here will remember that debate. Of the four UDR men murdered, I knew three of them personally. I know where they come from. Corporal John Birch’s son seeks answers to assuage his perpetual grief. He wants an explanation. He has told me in an email that he needs to talk to me about it. I said I will do that.

In any consideration of any public inquiry, the consideration of the third of cases that remain unsolved must be enshrined within. Do the families that I have spoken about, my constituents, not deserve the same treatment? They do. With all due respect, who will meet my cousin Shelley and tell her why the disgraceful murder of Pat Finucane deserves a level of justice that Kenneth Smyth is unworthy of? Who will explain why her pain and quest for answers should not merit a public inquiry, but Pat Finucane’s does?

I wish—I mean this with all my heart—for every grieving person in the Province to have the closure that we all need and we all wish to have. I wish for every child to feel that the loss of their father or mother has not slipped by. I want to fight for Jonathon Birch to have the full story of the murder of his father at Ballydugan 30 years ago to be heard, just as it is being done on behalf of the Finucane family today. I will not say that one person must simply accept a life of pain and questions while someone else deserves attention from the Government— I say that very respectfully.

Unless someone will attend the homes of any of the 211 widows of RUC officers and tell them that the slaughter of their loved ones is acceptable but that of others is not, I will not be able to accept this call. Unless someone will tell a child whose father was taken away so early that he has no memories of him, that his pain is not deserving of a high-level intervention, I will not be able to accept this call. I say again that this is not tit for tat, or saying that my pain is worse that your pain—it is not that. It is acknowledging that the Government should not create levels of mourning.

I want peace. I want peace for the Finucanes, just as I want it for every family who still grieves, but public inquiries cannot be the solution. Pat Finucane’s death mattered, and it still does, but so did the killing of Kenneth Smyth and Lexie Cummings. The same is true of John Birch, Steven Smart, John Bradley and Michael Adams—the four UDR men killed at Ballydugan—and of Stuart Montgomery, an 18-year-old police officer who was murdered in Pomeroy. It is also true of the other 3,200 murders in the Province. Their loss is felt today, and the pain of the innocent matters. So does the call for equal justice and, indeed, for this nation collectively to move forward.

[Hannah Bardell (in the Chair)]

Unfortunately, we are missing a Member, so we will now move to the shadow Minister and then the Minister. Even though we have gained a bit of time, I ask that we make time for Colum Eastwood, given the importance of the debate, so that he has an opportunity to wind up at the end.

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[Mr Walker]

The hon. Gentleman makes a good point. I assure him that we will seek to update the House as appropriate. Clearly, the first response should be made to the court and to the family, but I will pass on that point to the Secretary of State and urge him to make the decision clear to the House at the first opportunity.

A number of Members raised concerns about progress on wider legacy reform. I reiterate the Government’s commitment to addressing the legacy of the troubles in a way that focuses on reconciliation, delivers for victims and ends the cycle of reinvestigations that has failed victims and veterans alike. As with other priorities, progress on that has been affected by the circumstances of the past few months, but we are moving forward as quickly as we can.

The Government understand just how complex legacy issues are—that is why they remain unresolved, more than 20 years after the signing of the Belfast/Good Friday agreement. However, we are determined to get it right, and we remain committed to working with all parts of the community in Northern Ireland, including victims’ groups and families, to do so. I recognise the challenge to engage in that respect from the hon. Member for Sheffield, Heeley (Louise Haigh), and I can assure her that that engagement will be taking place.

It is vital that we now find a way forward that helps society in Northern Ireland to look forward together, rather than looking back to a divisive past. As the hon. Member for City of Durham said, we must ensure that, as we move this process forward, people can look forward to the future.

[Hannah Bardell (in the Chair)]

I thank Members for their co-operation on timing, and I now call Colum Eastwood to wind up.

European Union (Withdrawal Agreement) Bill

Hannah Bardell Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Nick Thomas-Symonds]

My hon. Friend is absolutely right. I shall develop that point, because one issue is that the non-binding political declaration contains an aim for a broad, comprehensive and balanced security partnership, but that is currently just words on a piece of paper. We urgently need a plan. When the former Prime Minister spoke at the Munich security conference in February 2018, she spoke about a security treaty with the EU27, but we are still waiting for the planned architecture of that co-operation.

Let me give some specific examples. Things such as the European arrest warrant, Eurojust and Europol are critical to the successful investigation and extradition of wanted suspects or criminals. National Crime Agency statistics show how important this is. In the period from 2010 to 2016, the UK made 1,773 requests to member states for extradition under the European arrest warrant and received 48,776 requests from member states for extradition. Not only can the UK currently bring people to these shores to face justice, but we can send dangerous people to other countries to face legal proceedings.

It seems the Government have accepted the importance of the European arrest warrant. Their July 2018 White Paper said that

“the UK has arrested more than 12,000 individuals, and for every person arrested on an EAW issued by the UK, the UK arrests eight on EAWs issued by other Member States”.

That White Paper also showed the challenge that the Government face. It said:

“Existing extradition arrangements between the EU and third countries do not provide the same level of capability as the EAW.”

We cannot allow our capability to be diminished.

[Hannah Bardell (Livingston) (SNP)]

The hon. Gentleman is making an important point. Before the general election I produced a report with the all-party group on deaths abroad and consular services and assistance, which I chair. He may be aware that there are already significant challenges when our citizens die, get into trouble or are incarcerated abroad. All the officers and the people I have spoken to have said that Brexit is only going to compound those issues and make it more difficult for our citizens to get proper representation and support from the Foreign Office after Brexit; does the hon. Gentleman agree?

[Nick Thomas-Symonds]

The hon. Lady is absolutely right to highlight the challenges, which are precisely what I wish to come on to and develop.

Yesterday, I heard the Secretary of State for Exiting the European Union respond to an intervention by my hon. Friend the Member for Rhondda (Chris Bryant); my fear is that as yet the Government’s thinking just has not moved beyond the implementation period, which ends at the end of 2020. What happens after that is so important, because it will determine what our law enforcement agencies have in their armoury to deal with pan-European crime. It is an urgent task.

The issue of data sharing and continued data sharing is crucial. Were the UK ever to lose access to the EU’s security databases, information that today can be retrieved almost instantaneously could take days or weeks to access. That would create a significant hurdle to effective policing, to say the least.

On Europol, how do the Government see the future? Do they envisage full participation, or only observer status at board meetings? We just do not know. The fact that the situation is critical and the position wholly unsatisfactory is the fault of the Government and not of those who work in our security sector. After all, the UK makes a great contribution to European security. Through the Schengen information system—or SIS II as it is known—the UK is contributing to the sharing of real-time data on wanted criminals, missing persons and suspected terrorists, and that co-operation is beneficial to us all. The data shared in that database are used millions of times each year by UK police, and that surely must illustrate to all Members the profound risk of there being no long-term deal on security.

In conducting the negotiation, the Government must emphasise the UK’s contribution and the mutually beneficial nature of European co-operation in dealing with the most serious organised crime on our continent. I listened carefully to the new European Commission President today. She said that the threat of terrorism is real, and that we have to share the necessary information to stop terrorists crossing borders and attacking us. She is right. When we are fighting crime, we are better working to eradicate it collectively than working alone, and we need a formal legal basis to continue to do so. That is why new clause 3 is so important, and I commend it and new clause 2 to the House.

Northern Ireland (Executive Formation) Bill

Hannah Bardell 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]

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.

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The Supreme Court’s opinion was crystal clear that the UK is in breach, yet we are still making women take their cases and relive the trauma of their travelling. The women in Northern Ireland are being caught in this absurd political ping-pong across the Irish sea and it is simply time for it to come to an end.

[Hannah Bardell]

When we first started to debate these issues, I said to the hon. Member for Walthamstow (Stella Creasy) that I would listen and meet women from Northern Ireland. I did that: I met with Denise Phelan and Sarah Ewart. Nothing could have prepared me for hearing about their experiences. I cannot even imagine what they have been through. Is it not time to stop making women tell their stories and being re-traumatised just so that they can get basic human rights? Is it not time that that changed?

[Karin Smyth]

I wholeheartedly agree. I commend the hon. Lady and others. Women have travelled here to tell us about those experiences. I commend hon. Members, whatever their views, to take time to listen to those experiences. Like her, I heard Denise’s testimony. I learned more when I heard evidence at the hearings of the British-Irish Parliamentary Assembly. The way in which services here are not established to cope with what then happens to people, particularly if they are travelling, and particularly with regard to foetal remains, is just the most shocking thing that I have heard in this place. It really is time that that stops happening and that we stop making these women relive this experience. Let us be very clear: they are determined to do that and they will keep coming forward and supporting each other.

Let me just move on to historical institutional abuse, which is another issue covered by these amendments. May I also join the right hon. Member for Belfast North (Nigel Dodds) and pay tribute to Justice Anthony Hart, who has sadly passed away suddenly today? His diligence and work on the inquiry have helped to shine a light on the suffering of many in Northern Ireland.

Thousands of people were let down when they were placed in the state’s care. That pain has been compounded by the delay in establishing the compensation and redress mechanisms laid down under the recommendations of the Hart inquiry. I understand that representatives of victims and survivors will be in Westminster tomorrow to give evidence on the delay in legislating to provide compensation. That is really helpful to them. They are travelling again to talk to us so we hear what they have to say. Labour has consistently called on the Government to legislate on this issue as it is an urgent matter. It has been said many times in this place that, since the publication of the Hart report, some 30 survivors have passed away. Again, we need to see action now as these people are passing on.

Let me turn to the issue of pensions. We have again called for the implementation of pensions for those seriously injured as a result of the troubles. More than 500 people have been unable to live the lives that many of us have been able to, and to plan for their future with their family and to build up their pensions. I have met many of those people through the WAVE project and the South East Fermanagh Foundation. Again, they are travelling here to talk to us. I urge hon. Members, when they have the opportunity, to listen to them and to hear how their lives have been devastated.

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[Sammy Wilson]

There is great dismay in Northern Ireland at the way a Bill described by the Chair of the Select Committee as a process Bill that is narrowly focused on a particular issue—how to keep Northern Ireland government going during a period when we do not have devolution, and how to get devolution up and running again—has been hijacked by those who have their own particular interests in specific issues, and who are now using the Bill as an attempt to drive through that agenda.

I do not intend to enter into arguments about whether we should have same-sex marriage in Northern Ireland or whether there should be a change in the law relating to abortion. I have totally different views from those expressed in the Chamber today, but that is not what the debate on the Bill ought to have been about in the first place. This debate is about the narrow issues in the Bill. The other issues that have been introduced have been introduced in a way that does not do justice to this House; that creates great dangers in Northern Ireland, especially when there is a sensitive talks process going on; and indeed, that angers many people in Northern Ireland whose views will be ignored if the amendments are passed today.

I want to say three things about the amendments and the reaction of some Members of this House. First, there is a very clear inconsistency. These matters are devolved. It really does not matter whether there is a devolved Assembly in operation at the moment or not; they are still devolved issues.

[Hannah Bardell]

It kind of does.

[Sammy Wilson]

The hon. Lady says from a sedentary position, “It kind of does.” If it kind of does, why are those who are saying that we should interfere on the issue of same-sex marriage and abortion not being consistent and arguing that we should be using the powers of this House and bringing back to this House all the other issues, many of which are also human rights issues, such as the human rights of people who need special education to get special education, and the human rights of people who need life-saving operations to have life-saving operations? I do not hear any siren calls from the people who are saying, “Yes, it kind of does matter that there is no devolution in Northern Ireland.” If it does, let us bring other matters back to this House.

Northern Ireland: Murder of Lyra McKee

Hannah Bardell Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Hannah Bardell (Livingston) (SNP)]

I am sure that the Secretary of State will agree that it should not take a leading light of the future to be extinguished for hope to be reignited. Seeing those politicians in Northern Ireland coming together in memory of Lyra was hugely moving. I hope that the Secretary of State and others in the Cabinet will do everything that they can, because we have lost a leading light. Gail Walker, the editor of the Belfast Telegraph and Lyra’s friend wrote of her that

“everything about Lyra was about the light.”

The LGBT community has lost a leading light. My hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands) read Lyra’s letter to her 14-year-old self. It was so searingly familiar to me that I wish I could go back in time and read it to my closeted 14-year-old self, because I do not think that I have ever read anything that captured my fears and worries as a closeted teenager so well. Her light may well have been extinguished tragically at such a happy and successful point in her life, but I hope that we will all do everything we can to make sure that her legacy will shine on forever and that what happened will not be in vain; peace, as we know, is precious.

[Karen Bradley]

I agree with the hon. Lady. I do not think that there is anything that I can add to what she has just said.

Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Hannah Bardell Excerpts

2nd reading: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Gavin Newlands]

I do not accept that I am making a cheap point, but I fully accept the hon. Gentleman’s central point. We would not be strong Members of Parliament for Scotland if we were not here to represent Scottish interests, and the Barnett formula is there for a reason.

The Secretary of State for Scotland should have used his position in Cabinet to stand up for Scotland and protect the Barnett formula, but he did not. If he did, the Scottish budget could have increased by £400 million. Moreover, if he had stood firm regarding the confidence and supply agreement in its entirety, Scotland would have had an extra £3 billion to mitigate this Government’s policies, to prepare for Brexit and to invest in infrastructure, but he either failed or did not bother. He has abdicated his responsibility to Scotland and, despite various promises that he would resign with regard to protecting Scotland interests vis-à-vis Brexit, he has bottled it each and every time.

[Hannah Bardell (Livingston) (SNP)]

My hon. Friend is making an excellent contribution. Does he agree that the Secretary of State for Scotland has promised to resign so many times that we have lost count? It is clear that the Secretary of State does not have the ability to have any effect in Cabinet and is becoming the boy who cried wolf.

[Gavin Newlands]

I could not agree more. The Secretary of State for Scotland’s promises to resign in defence of Scotland have become like white noise, which just highlights how Westminster does not work for Scotland. If the Scottish Secretary is actually arguing for us in Cabinet, he is not being listened to. The alternative is that he is not bothering at all, which is even more troubling. If ever there were proof that the Scottish Secretary is the Tory Cabinet’s voice in Scotland rather than Scotland’s voice in Cabinet, it is now.

The SNP believes that new talks should be established immediately to restore the Executive and the Assembly. However, with the UK Government rather distracted by internal Tory party infighting, I say again that an independent mediator could and should be brought in to speed up progress. It has been over two years since Northern Ireland had a functioning Assembly, which is far too long. The people of Northern Ireland deserve reassurances that they will have a responsive and functional devolved Assembly and Executive as they face Brexit—one of the biggest policy challenges that any of us will ever face. Nothing must be done that would undermine the Good Friday agreement. Therefore this, in my opinion, must be the last budget to be delivered in this manner. A paralysing political vacuum in Northern Ireland must not become the new normal state of affairs.

The UK Government, in this Parliament, to a degree are in chaos, but that absolutely cannot be used as an excuse for the lacklustre attempts since last February to re-establish Northern Ireland’s political institutions. The Government are consumed by their own civil war, but that should not distract from all our duties to steadfastly defend and protect the peace process. The SNP understands that decisions are badly needed to direct and fund public services in Northern Ireland, but the absence of political decision making, amidst ongoing austerity, has placed an intolerable burden on the health and education systems and on the Northern Ireland civil service and the people of Northern Ireland.

The broader instability caused by Brexit is a central reason why it is proving to be so difficult to restore the devolved institutions in Northern Ireland. The Executive and Assembly may have collapsed for various reasons, but Brexit and the threat of new borders or regulations have prolonged the dangerous political vacuum. The threat of new borders can, however, be removed. There would be no need for new economic borders in the Irish sea or across the island of Ireland if the whole UK pursues the SNP policy of staying in the European single market and customs union. It is important to remember that Northern Ireland, like Scotland, voted to remain in the EU by 56%.

Since the 2016 referendum, we in the SNP have engaged with businesses and civic leaders across Northern Ireland, all of whom have consistently made the point that the people of Northern Ireland voted to remain, and that their future economic prosperity will be put at risk by Brexit in any form. According to the Government’s own figures, a no-deal Brexit could end up resulting in a 12% GDP decline in the Northern Ireland economy. The UK Government’s analysis states that a no-deal Brexit

“would affect the viability of many businesses across Northern Ireland”,

and would therefore be tantamount to economic vandalism.

We in the SNP want to see Northern Ireland flourish. We want to see political and economic stability, partnered with strong, inclusive economic growth. We want to see that so that our neighbours—only a few miles across the Irish sea—will have effective public services, growing businesses and better livelihoods for their families. A prosperous Northern Ireland is in Scotland’s interests. A prosperous Northern Ireland is in the interests of England, Wales, the Irish Republic and our friends across the European Union.

We in the SNP fully support the Good Friday agreement and the maintenance of an invisible border that people from all over Ireland can freely cross, whether to visit family, to work, to study or to conduct business. Let me be clear: we would never stand in the way of Northern Ireland achieving a special relationship with the European Union, if that was what was required. All that we ask is that correct, and equitable, budget procedures are followed and that any increases in spending across the UK result in the rightful Barnett consequentials for Scotland.

The final point that I want to make about the budget is on the Hart recommendations. I appreciate that those are sensitive topics and have been raised already, and I concede that the Secretary of State’s position has softened somewhat of late, but the Scottish Government have already announced that they are taking action in this area. The Secretary of State and the Minister will be aware of the victims’ group SAVIA—Survivors and Victims of Institutional Abuse. The group was pleased that the Scottish Government confirmed that they would be making advance payments to elderly and infirm victims and survivors prior to the passing of legislation, and is calling for that model to be adopted for Northern Ireland. So many of those who would have been entitled to compensation are now deceased, and SAVIA believes that the initiative shown by the SNP and the Scottish Government shows that where there is a will, there is a way. The group asks that the Secretary of State follows the leadership, courage and compassion shown by the Scottish Government to make compensation payments to elderly and infirm victims before it is too late.

In conclusion, the Government must give Northern Ireland, and restoring its Assembly, the attention that it requires. Delays in establishing effective talks can no longer be accepted. The institutions of the Good Friday agreement must be championed by all across this House, for the sake of the peace process and for the people of Northern Ireland. The people of Northern Ireland deserve better than this. However, if the Prime Minister’s promises about governing in all our interests are to ring true, she must respect the agreed devolved settlement for the Scottish Parliament and the Welsh Assembly. The people of Scotland and Wales deserve better than this and, believe me, Madam Deputy Speaker: they are watching closely.

Offences Against the Person Act 1861

Hannah Bardell Excerpts

Tuesday 5th June 2018 Commons Chamber

[Dr Wollaston]

Indeed. I could not agree more with the hon. Lady.

It is time for us to review the way in which we treat this issue and to move to a medical model. Since the 1967 Act, things have changed considerably, not only in social attitudes but in the availability of medical terminations of pregnancy. They were not available at the time of the Act. We have also moved on from the paternalistic attitudes that dictated that two doctors were the only ones who could be trusted to help a woman to take this decision. That completely negates the role of specialist nurse practitioners, who often undertake the role of counsellor in the clinics. It is an anachronism that we should still insist on two medical signatures.

[Hannah Bardell (Livingston) (SNP)]

On the matter of paternalism, does the hon. Lady agree that comments about women having abortions as a matter of convenience are deeply offensive, and that this debate must be characterised by decency and by respect for the views being expressed across the House? I have supported friends who have had an abortion, and I know that nothing about what they have chosen to do has been about convenience.

[Dr Wollaston]

I thank the hon. Lady for making those points. If the House will forgive me, I am mindful that many Members wish to speak, so I will not take further interventions.

There is a further point about the impact of medical terminations of pregnancy using two medicines. Because of the restrictions of the Act, the second of those medicines currently has to be administered in the clinic, which means that women sometimes have to face the extreme indignity of travelling home with heavy bleeding and in considerable pain. It is time for the House to review the whole way in which this operates, and to shift to a medical model. We know that there is an opportunity to put this right with an amendment to the domestic violence Bill, and I say to Ministers that now is the time to plan ahead for that, rather than looking the other way and saying that this is purely a devolved matter. We know that a cross-party amendment will be tabled, and now is the time to be planning ahead and making the thoughtful, careful preparations that we need to make about the kind of medical regulations we wish to see in place.

Of course, there are those who say that repealing sections 58 and 59 of the Offences Against the Person Act 1861 will lead to us being thrown into some kind of vacuum, but that is not the case. The hon. Member for Walthamstow pointed out that the term limit of 24 weeks would remain in place, and there are other protections. For example, it is already an offence to supply abortion pills under the Human Medicines Regulations 2012, and individuals can face up to two years in prison and a considerable fine for supplying such medications illegally. Equally, some say that there might be a free for all in people turning to back-street abortionists, with unqualified people carrying out surgical procedures—it has happened in the past—but that is not the case. That would still constitute actual bodily harm or grievous bodily harm, and unqualified people would not be able to rely on the victim’s consent to the procedure as a defence under sections 47 and 20 of the 1861 Act, which would remain in place. Such offences would carry a penalty of up to five years in a prison and a fine.

The point here is that it is highly unlikely that anyone would want to visit a back-street abortionist if free, safe, confidential and non-stigmatising help was available free of charge on the NHS. As many colleagues have pointed out, we do not stop abortions happening by criminalising them and making an abortion difficult to access; we just make them happen in a less safe context.

I ask Ministers to start preparing for the inevitable cross-party amendments. I hope that the Minister in summing up will be clear that there will be no delay in the domestic violence Bill for fear of a controversial amendment, because an amendment will be tabled, and now is the time to ensure that all the regulations we need are carefully and thoughtfully consulted upon. As someone mentioned earlier, this process would allow the devolved Assemblies to decide what is right for their areas. The time is right for us to move from a situation in which women are criminalised to one where women are treated with respect and dignity.

--- Later in debate ---

[Justine Greening (Putney) (Con)]

Like many Members, I recognise just how important this debate on the incredibly sensitive and important topic of abortion is. It is obvious that there needs to be much broader debate about the various issues relating to abortion—not just about the people affected by the laws that are currently in place and some of the proposals that we are debating, but about the role of schools and of advice, education and support services and about some of the other hugely controversial but important issues that wrap around the broader challenge of debating any changes to abortion law, not just in Northern Ireland but more broadly throughout the United Kingdom.

I recognise that we have in place very long-standing laws, particularly in respect of England. In this debate, we should not lose sight of the fact that we have been brought to this point by a clear anomaly between the rights that women have in one part of our country, Northern Ireland, compared with the rights of women throughout the rest of the United Kingdom, and by that difference having been exacerbated by the result of the referendum in southern Ireland, which means that we now see Northern Ireland as an outlier on women’s rights in a way that I feel is unsustainable for the United Kingdom.

I pay tribute to the hon. Member for Walthamstow (Stella Creasy) for securing this emergency debate, which it is important to have in this Chamber. As she would recognise, this House has managed to achieve progress for women in Northern Ireland, not least by introducing the ability for them to travel to the UK—to England in particular—and to have free abortions in the same way as any English woman. That is true progress, but today we seek to talk about how we can further push forward on rights for women in Northern Ireland.

The question is how to push forward. I am open-minded about this debate. I very much recognise that ideally we would all like the people of Northern Ireland to put in place the changes we are discussing, but we also recognise the current absence of an Assembly and normally functioning devolved government in Northern Ireland. I am sure we will have further debate on how we can achieve change for the women of Northern Ireland, but handling this issue in the right way in respect of devolution does matter, and we in this House should be sensitive to that.

I am open-minded about the broader changes that we are debating. We need to recognise that they are somewhat complex and multifaceted, and they need to be understood by Members from all parties and, indeed, by our local communities, too. It is important to set out how wide—or, indeed, otherwise, as has been argued today—any changes to medical regulations might need to be, as well as the process of consulting our communities about changes that would affect how abortion is regulated in the United Kingdom.

I recognise the important case made by the hon. Member for Walthamstow and, indeed, the case made by my right hon. Friend the Member for Basingstoke (Mrs Miller), who set out carefully and clearly the impact on women in Northern Ireland and throughout the United Kingdom, given the existing criminalisation of abortion. I support a continued debate in this House. [Interruption.] I recognise that many other Members wish to speak in this debate today. It is important that, in the coming weeks and months, Ministers listen very carefully to the debate that happens in this House and then clearly set out how the Government can play their role in helping us to take forward change for the women of Northern Ireland.

[Hannah Bardell]

Does the right hon. Lady agree that respect and dignity are extremely important, but that we must remember that some women in these islands are governed by legislation that is 150 years old and that there is nobody left alive who can even remember that time and that is something that we must consider?

[Justine Greening]

While we can all be very clear about the way in which the existing laws—long standing as they may be—work today in terms of the ability of women to have choice in our United Kingdom, the backdrop of the criminalisation of abortion is hard for anyone truly to defend in this House as a principle. I want us to have a measured debate. As I am about to finish, let me say that it is important that, over the coming weeks and months, Ministers clearly set out how they plan to respond to the crucial debate for women’s rights that will be taking place in this House.

--- Later in debate ---

[Hannah Bardell (Livingston) (SNP)]

It is a pleasure to speak in this debate. I commend all the Members who have taken part and thank the organisations that have given us briefings, including Engender, Scottish Women’s Aid and the British Pregnancy Advisory Service.

Ruth Halperin-Kaddari, from the UN’s expert Committee on the Elimination of Discrimination against Women, has said:

“The situation in Northern Ireland constitutes violence against women that may amount to torture or cruel, inhuman or degrading treatment”.

We have to bear that in mind in all these discussions. As I said in my interventions, we have to deploy respect for each other, and there have been a range of views and proposals from Members in different parts of the Chamber.

I congratulate and commend the hon. Member for Walthamstow (Stella Creasy) for bringing this issue to the House in such a brave fashion. I must say that I have become more swayed by the arguments as the debate has gone on, but for DUP Members to suggest that women opt for abortions as a matter of convenience, or to talk about unborn children being thrown in the bin or babies being disposed of, are disgusting ways to describe the choices that women have to make anywhere in the UK but particularly in Northern Ireland. The fact that the legislation that governs some women’s reproductive rights was made at the time when Parliament passed the Capital Punishment Amendment Act 1868 to end public hanging shows that so little has been thought of women’s health in some areas that it is deemed appropriate for our bodies to be governed by a law that is so old that no one is left to remember it.

We must recognise the extraordinary circumstances in which we find ourselves. The Republic has voted, and we must wait to see what legislation comes forward and what impact it will have on women who travel for an abortion and on services in the Republic. In November 2015, a High Court judge ruled that Northern Ireland’s almost outright ban on abortion breaches the human rights of women and girls, including rape victims. I have huge sympathy with the women of Northern Ireland—I stand with them. The stories of women travelling alone and scared to another country for an abortion when many of them have already endured a trauma strike at the very heart of why we are elected. We are here to stand up to injustice and to protect our citizens.

This is a hugely complex issue both constitutionally and in human rights terms. A report by a House of Lords Committee said that the issue of whether human rights are devolved or reserved is not as clearcut as it has been presented as being. I cannot give fuller details because of time constraints.

As my hon. Friend the Member for Glasgow Central (Alison Thewliss) highlighted, we are criminalising women in the most desperate of circumstances. There have been discussions about the notion of a referendum to ask for the views of the people of Northern Ireland. We must recognise the different constitutional situation between the north and the Republic, and I have some sympathy with the women’s organisations that are quite rightly saying that women’s rights are inherent and should not be up for popular vote.

Women in Ireland told their stories to convey the devastating impact of the eighth amendment. It took great emotional courage for those women to speak out, and we must pay tribute to them. Why would we subject the women of Northern Ireland to the same situation? I say to the hon. Member for Walthamstow and others that we have before us in the motion a statement of intent. I am not a constitutional expert, and I do not have a great legal brain, but I have some concerns about the practicalities of it. I also see merits in the argument, and I make this commitment to her and to the women of Northern Ireland: should she bring forward proposals on this issue in the Domestic Abuse Bill, or in another way, I will work with her, and meet and engage with others across parties, to look at those proposals. The Northern Ireland Assembly must reform itself as soon as possible—

[Mr Speaker]

Order. We are extremely grateful to the hon. Lady.

Oral Answers to Questions

Hannah Bardell Excerpts

Wednesday 13th September 2017 Commons Chamber

[The Prime Minister]

Once again, my hon. Friend is campaigning tirelessly for his constituency. I welcome his efforts across a number of issues which he referred to. We do need affordable, clean energy to keep the lights on in the decades ahead, and he is absolutely right that nuclear energy is an important part of our energy mix. In regard to the particular site, I believe there is land next to the existing Heysham nuclear power station, which is one of the eight sites in the UK that has been designated for new nuclear build.

[Hannah Bardell (Livingston) (SNP)]

Q7. The House and the Prime Minister will remember the case of my constituent, Lola Ilesamni, whose daughter is under threat of female genital mutilation from Lola’s abusive ex-partner. I want to thank “Channel 4 News” and Cathy Newman for breaking the story, and the Prime Minister for intervening and granting an 18-month reprieve. Lola now has a temporary right to work, but no recourse to public funds if she cannot find a job. That wee girl and her family need long-term certainty. Will the Prime Minister look again at that case and allow Lola and her family to stay in Livingston in the long term?

[The Prime Minister]

The hon. Lady is right. She has raised that case before, and I understand that the Immigration Minister was in touch with her. I can confirm that, following a comprehensive and rigorous review, Ms Ilesamni has now been granted leave to remain in the United Kingdom, as the hon. Lady set out.

I want to say something about the issue of female genital mutilation, which the hon. Lady raised. She talked about her concern about the threat that Lola’s daughter might be facing. FGM is an absolutely abhorrent crime. The Government have done a lot to deal with it, but we cannot tolerate that practice. Our work to tackle FGM is an integral part of our strategy on violence against women and girls, which we published in March last year. We all accept that we need to do more to ensure that young girls are not subject to this horrific abuse.

Oral Answers to Questions

Hannah Bardell Excerpts

Wednesday 15th March 2017 Commons Chamber

[The Prime Minister]

My hon. Friend is absolutely right. Small businesses and entrepreneurs are essential to an economy that is working for everyone. The opportunity that comes from Brexit is to see those firms go out and export across the world, and to do those trade deals that will be of benefit to them, to their communities and to our economy. We want to encourage more businesses to go out there and export. That is exactly what my right hon. Friend the Secretary of State for International Trade is doing. This is an important part of building a stronger, fairer Britain for the future.

[Hannah Bardell (Livingston) (SNP)]

Q14. Her Majesty’s Revenue and Customs employs more than 1,000 vital staff in my Livingston constituency. Despite widespread criticism from the National Audit Office and the Public Accounts Committee, and despite Livingston having the most engaged and productive staff, the Prime Minister’s Government are determined to move jobs from Livingston to Edinburgh. Staff do not want to move there and rental costs will be higher. To compound that, last week Ethicon announced that 400 jobs are set to go at its Livingston site. Will the Prime Minister therefore change her mind on HMRC jobs in Livingston, and meet me to ensure that public sector jobs that are vital to Livingston stay in Livingston?

[The Prime Minister]

HMRC is indeed relocating from 170 outdated offices to 13 large, modern regional centres. The new centres will be equipped with the digital infrastructure and facilities that are needed to build a more highly skilled and flexible workforce, to enable the modernisation of ways of working, make tax collection more efficient and effective, and bring significant improvements to HMRC’s customer services.

Oral Answers to Questions

Hannah Bardell Excerpts

Wednesday 20th January 2016 Commons Chamber

[Hannah Bardell (Livingston) (SNP)]

The Prime Minister might be aware of the tragic case of Julie Pearson, a young Scottish woman who died in Israel in November and who was allegedly beaten and raped before her death. I met her family recently, and I hope that the whole House will join me in offering their condolences to them. They are struggling to get answers from the Israeli Government and authorities; in particular, they are struggling to get her autopsy report. Will the Prime Minister meet me to discuss putting pressure on the Israeli Government and authorities to look into Julie’s death, so that her family can get the answers that they want and ultimately get justice for Julie?

[The Prime Minister]

I am not directly aware of this case, but I will certainly take it up with the Israeli authorities on the hon. Lady’s behalf, because it is important that her constituents get answers on this matter. Perhaps I could arrange for her to have a meeting with Foreign Office Ministers so that they can discuss this. We have good relations with Israel, and we should use those good relations to make sure that when people need answers, they get them.