Abortion (Northern Ireland) Regulations 2021

Huw Merriman Excerpts

Monday 26th April 2021 General Committees

[Huw Merriman (Bexhill and Battle) (Con)]

Given the various opinions and comments that I have been listening to, I thought it was poignant and relevant to reflect on the words of Lady Hale in the Supreme Court judgment of 2018, when the Court determined the matter of abortion in Northern Ireland. She said that

“this is not a matter on which the democratic legislature enjoys a unique competence. It is a matter of fundamental human rights on which, difficult though it is, the courts are as well qualified to judge as is the legislature. In fact, in some ways, the courts may be thought better qualified, because they are able to weigh the evidence, the legal materials, and the arguments in a dispassionate manner, without the external pressures to which legislators may be subject.”

I contend that she might have had this room and this debate in mind when she made that point.

[Sir John Hayes]

Will my hon. Friend allow me to intervene?

[Huw Merriman]

How could I refuse?

[Sir John Hayes]

My hon. Friend is making an extremely contentious point, of course, with his usual style and elegance. He is saying that the Court took the view that it was better able to judge sensitive, controversial matters than democratically elected people are. That is, by the way, precisely the same view it took about Brexit, and it is extremely controversial and in my view reprehensible.

--- Later in debate ---

[Huw Merriman]

It should not be unusual for a court to determine its views on the law and indeed on whether the Government and Parliament are complying with the law of the day. I would have thought that that was a fundamental separation of powers point. If we do not have a court taking that role I suggest there is something fundamentally wrong with our constitution, which has served us well over hundreds of years. No doubt my right hon. Friend will want to expand on that point in his speech.

The matter has been looked at by each of the institutions that are key to our separation of powers principle, as I have just mentioned with regard to the Supreme Court. In its judgment on 7 June 2018 it made a declaration that the legal position for abortion provision in Northern Ireland was incompatible with articles 3 and 8 of the European convention on human rights, and therefore the UK’s legal obligations. The Supreme Court made it clear that Parliament had three options, one of which was—again, I quote Lady Hale—to

“share our view and pass an Act of Parliament to put things right, which is appropriate if the matter is not simple and easy to solve, and complex arrangements have to be put in place.”

That of course is exactly what Parliament duly did in July 2019. It is at that point that I take exception to the reference made by my hon. Friend the Member for Penistone and Stocksbridge to Parliament’s response to the previous ruling on prisoners’ rights. This is a completely different matter, because in this instance Parliament legislated to take the court’s determination into account. Obviously in the example that my hon. Friend raised it did not.

That takes me on to the second institution in our separation of powers model—ourselves. Section 9 of the Northern Ireland (Executive Formation etc) Act 2019 provided for reform of Northern Ireland’s abortion law and placed a legal obligation on the Secretary of State to make it possible to get access to local abortion care in Northern Ireland. I was actually here at the time; the hon. Member for Upper Bann tells me that I was somehow fooled into thinking that we passed that just because the Northern Ireland Executive was not sitting. I voted very much on the basis that it was clear that the Court had told Parliament that our legislation was out of kilter with our legal requirements. As this is the mother of Parliaments, I regard it as my job to ensure that Parliament complies with the law by creating new laws to do so. I certainly was not fooled as far as that was concerned.

[Carla Lockhart]

Does the hon. Gentleman accept that the explanatory notes outline that it was not an international law requirement? In hindsight, that was misleading.

[Huw Merriman]

I do not think it was, because I come back to the Court’s interpretation—a clear determination that on two of the articles of the European convention on human rights, the UK was failing its legal obligations. Notwithstanding my interest in ensuring that our abortion laws are updated, I took the fundamental view that it is Parliament’s right to make a determination that we comply with our international legal obligations. My goodness, if we do not on matters such as this, where does it end? How can we lecture other countries around the world about their need to comply with those obligations? As I say, the votes in favour were 328, and 65 against. There was no whipping, and there was an opportunity for a grace period to be inserted should the Northern Ireland Executive and Assembly come back together.

Let me move to the third institution: the Executive. I note that Parliament placed a legal obligation on the Secretary of State to enable access to local abortion care in Northern Ireland. The original iteration of the regulations changed legal frameworks around abortions, but did not require that services be commissioned or funded. As we heard, in April 2020, the Northern Ireland Minister of Health, having failed to gain the agreement of the Northern Ireland Executive, refused to commission or fund abortion services. As a result, the only abortion services being funded and put together were those run by health trusts out of their existing budgets and staffing.

The regulations simply empower the Secretary of State to direct local bodies to fund and commission services, ensuring that abortion services are and remain available locally. I fully support the granting of the regulations; they are the final part of the powers that started with the Court’s determination that the UK—and, indeed, Northern Ireland—rules did not comply with our international obligations. Parliament voted in a free vote to fix those rules and ensure change in Northern Ireland, which the Executive have done their best through the Government to deliver, but it needs these further powers to do so.

I have tried to give a legal justification for where we are. I could return to the reasons why, to a certain extent, Lady Hale thought that perhaps we were not best placed to make that determination, because we are driven by other matters. I have been to Northern Ireland. I have met the women who have suffered incalculable harm and damage as a result of the law in Northern Ireland. It is an absolute outrage that that has occurred, and it is down to this Parliament to make sure that matters are fixed so that women are treated with much more dignity in the future than they have been in the past.

--- Later in debate ---

[Sir John Hayes]

But these regulations apply to Northern Ireland, and what I said was that the people in the Committee who are elected in Northern Ireland by the people of Northern Ireland have spoken with absolute clarity about the views there—expressed not only in the Assembly and by both communities in Northern Ireland, by the way, but in every poll and test of opinion that has been taken in Northern Ireland, including among women. I think we have to pay some heed, rather as I pay heed to the hon. Lady’s experience from her own part of the country, to those who speak for and represent Northern Ireland.

It is unsurprising—

[Huw Merriman]

Will my right hon. Friend give way?

[Sir John Hayes]

I will. I am going to give my hon. Friend a short lecture on law in a minute, because he is confused about it, as he was the last time we met in this Committee. Before I give way, perhaps he will chew on this. The Act to which the Good Friday agreement gave rise, the Northern Ireland Act 1998, says, at section 26, that there are only three grounds on which Westminster can intervene in a devolved matter in Northern Ireland: giving effect to international obligations; safeguarding defence or national security; and protecting public safety or public order. Given that we now know, from the explanatory notes for the Committee, that these were not international obligations, on what grounds are we doing what this Committee is being invited to do today, and on what grounds did we in Parliament pass the law that gives rise to these regulations?

[Huw Merriman]

I do not need a lecture in law because, quite frankly, I do not think my right hon. Friend is qualified. I referenced the judgment from the Supreme Court, which is qualified to give a judgment, that made it absolutely clear that the international obligations with regard to articles 3 and 8 of the European convention on human rights were not being complied with. Ultimately, neither of us is qualified on that front, unless he is going to become a Supreme Court judge.

The point that I wanted to make was on the suggestion that the Government, in what was a free vote, managed to dupe MPs to vote 328 in favour and 65 against. My right hon. Friend knows as well as I do that, when the Government try to fix free votes, Parliament, because it knows its own mind, tends to do the opposite of what the Government say. Does he really think that MPs are completely stupid in a free vote and do not know their own mind?

[Sir John Hayes]

I would never say that all MPs are completely stupid, as you know, Mr Hosie, but if my hon. Friend does not value as highly as he ought to the 1998 Act and the devolution settlement that arose from the Good Friday agreement, perhaps he will recognise two other pieces of law that are directly pertinent to our considerations.

The first is the 2005 agreement, whereby the devolved constitutional settlement in Northern Ireland established the consent for constitutional change, described as a fundamental principle of devolution. It made clear that in terms of constitutional change it was essential that the Northern Ireland Assembly took a view, and indeed made a decision, that was consistent with anything that this Parliament did. That is the underlying principle of consent in the devolved arrangement.

Moreover—I know my hon. Friend will have read his papers very closely before coming to the Committee—the Delegated Legislation Committee that looked at the matters before us made it very clear that what we are being asked to do today is entirely exceptional in terms of the devolution settlement for Northern Ireland or anywhere else in the United Kingdom. Unprecedented was the word that the Committee that studied the regulations before they came to us used to describe them.

It is unacceptable to argue that because we took a decision when there was no Assembly, now that the Assembly has been re-established, we should ride roughshod over the view that it took and that it takes about the issue. It is inexcusable that the explanatory memorandum should suggest that the new regulations, which are so much wider than the 2020 regulations, should depend on the consultation process for the 2020 regulations, which in any event was sharply criticised as being far too short and deeply controversial.

Having had a deeply controversial and inadequate consultation process for the first regulations, we have now introduced regulations that are more wide ranging and that could, as my hon. Friend the Member for Penistone and Stocksbridge suggested, lead to—

Abortion in Northern Ireland

Huw Merriman Excerpts

Thursday 25th March 2021 Commons Chamber

[Brandon Lewis]

As I said earlier, I absolutely recognise the sensitivity and the strength of feeling of people across the House, in some cases, and as the right hon. Gentleman outlines, in Northern Ireland. First of all, this is about ensuring that we follow through on the legal obligations that Parliament put on me. It is also only right that women and girls in Northern Ireland are able to make those individual, informed decisions, with the right medical support and advice provided locally, based on their own health and wider circumstances, in the way that women and girls living elsewhere in the United Kingdom can. I absolutely fervently hope that the Department of Health in Northern Ireland and the Minister for Health in Northern Ireland will take this forward and deal with it locally, so that Parliament does not need to take further action.

[Huw Merriman (Bexhill and Battle) (Con)]

I thank the Secretary of State not only for taking this action but for using the power of the Dispatch Box to tell harrowing tales of what women and girls have had to suffer. I went to Northern Ireland some years back and heard those same tales, and I vowed that I would do what I could to bring about this change. Equally, I have respect for those across the divide who have a very different view. Does he agree that views are now irrelevant, and that what is relevant is the law? The law is clear and has been passed by Parliament—a view has been expressed by Parliament. If that were not the case, does he agree that another of those unfortunate victims in Northern Ireland would have to go through the court process and compel him to act?

[Brandon Lewis]

My hon. Friend has been a powerful voice on this issue, along with other colleagues, over the last period. I know that a number of people appreciate the support he has given and everything he has done to make sure that women and girls in Northern Ireland get the right support and care. He is absolutely right: we really should not be in a position where people have to bring this matter to court individually in order to get the right healthcare. Parliament has put a legal obligation on us. There is now a legal requirement and a legal duty. I hope the Department of Health in Northern Ireland will take this forward itself, but we obviously have a legal and moral obligation in this House to follow through on the legal obligations that were put in place in 2019.

Abortion (Northern Ireland) (No. 2) Regulations 2020

Huw Merriman Excerpts

Monday 8th June 2020 General Committees

[Sir John Hayes]

This is a contentious issue. Abortion debates always arouse, stimulate, catalyse strong opinions. But this, in essence, is not about abortion. These regulations and this debate are about devolution. They are about the willingness of this House to respect the settlement that it made with the people of Northern Ireland. It is my contention that these regulations—these proposals—are unconstitutional, unwanted and unwise. The risk that we run by voting for them is of opening a Pandora’s box in respect of our constitutional settlement with Ulster. If we take this out of the box, why not something else? What is to be next? All at a time when that settlement is fragile, this tests it to a point where I would not be sure that it will not break.

As a Unionist, I have protecting the strength of the United Kingdom at the heart of my political credo, and I know the same is true for colleagues across this Committee and, indeed, the whole House. With that in mind, I urge members of the Committee and the House to reflect on the importance of devolution in the context of Northern Ireland. The UK Government have an ethical duty to honour their promise to the people of Ulster, as well as a constitutional duty to preserve our Union.

It was that sentiment that I imagine the hon. Member for Walthamstow had in mind when she initiated the measures to which these regulations give flight. She said:

“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.”—[Official Report, 9 July 2019; Vol. 663, c. 183.]

Of course, the truth is that we do now have an Assembly, and that Assembly has the understandable expectation that it should decide on matters on which we ask it to do so. The extraordinary behaviour of the Government—I say that with all respect to the Minister, who, as I said at the outset, has behaved with great courtesy and decency in the discussions that we have had with them on this subject—given that there has been an election since the original decision was taken to impose their views and these regulations on Northern Ireland, flies in the face of the devolution settlement.

[Huw Merriman (Bexhill and Battle) (Con)]

Will my right hon. Friend consider the right that I have to effect legislation as an hon. Member? I did so last year, and I expect that legislation to come into force. Will he also consider the point that treaty obligations are a requirement for this institution to take into account and not for the Assembly in Northern Ireland?

[Sir John Hayes]

To be clear, when that decision was taken, Stormont was not sitting and there was no prospect of its doing so. We were not to know then—I am sure that my hon. Friend voted in good faith—that Stormont would reassemble and thereby be able to come to a view about these matters. This is a devolved matter, after all. Were this a matter that would normally be decided by this Parliament, I would not be able to make the point that we are imposing our view in an area of policy that we chose to devolve to the Assembly.

It would be no different if we were doing this in Scotland or Wales. It not only risks the settlement in Northern Ireland, but undermines the very principle of devolution. I was here when we first debated that, and I think I voted against it when the Labour Government introduced it, as most of my party did. I have no doubt that my hon. Friend would have done so too, had he been here. However, the settlement that we came to went through, and that is where we are.

[Huw Merriman]

My right hon. Friend is very generous in giving way. The point that I would make, though, is that treaty obligations, which are what the Supreme Court said Parliament was out of step with, are a duty and requirement of this place, and not a devolved matter.

[Sir John Hayes]

I am not sure that that is the view that the Northern Ireland Attorney General took. I refer my hon. Friend to his advice, of which I have a copy if he wants to read it in detail; I cited it earlier. I am also not sure, although he would have to ask this question of course, that it would necessarily be the view that our Attorney General would take. However, that is not for me to judge or gauge, and since I could not encourage the Minister to give any greater clarity about the Attorney General’s advice, perhaps I will leave it there.

Abortion Regulations: Northern Ireland

Huw Merriman Excerpts

Thursday 4th June 2020 Commons Chamber

[Mr Walker]

I am grateful to the shadow Secretary of State for setting out the position so clearly from the perspective of the Labour party. I recognise that it is a responsibility of the United Kingdom Government to deliver on our international human rights obligations. She is absolutely right in that respect. With regard to implementation, clearly this is now a responsibility for the Department of Health in Northern Ireland, and it is something on which we have written to that Department. We have written to other Departments that have responsibilities in this regard to ensure that the full detail of what was recommended in the CEDAW report is addressed, and the details of that are set out in the Government’s response to the consultation.

In terms of timelines, we all recognise that there have been additional pressures placed on services, and health services in particular, by the covid situation, so while it is the case that the full range of services are not available in Northern Ireland, we will continue to fund and support the travel for those—hopefully very few—women who will need to travel to the rest of the UK for terminations. The hon. Lady is right to say that we have an ongoing responsibility on this, and we will engage with that. We will continue to engage with the Department of Health to ensure that the full provisions are delivered on.

[Huw Merriman (Bexhill and Battle) (Con)]

I thank the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) for bringing this urgent question. Although I agree with him on most things, he will know that this is not one of them. My views have been founded on the experiences I had when meeting women in particular in Northern Ireland and the experiences that they had to go through in order for the law to be changed. We had to work very hard in this Chamber to get the law changed, but it has been changed. I would respectfully mention that it was not just a question of the Assembly and the Executive not being formed in Northern Ireland; it was also a question of treaty obligations not being followed, and it was the role of Parliament to ensure that they were followed. Regardless, I want to ask the Minister this question. I appreciate his saying that we will follow the law, but will he put more pressure than just written pressure on the Department of Health? There are women beyond the 10-week gestation period who are getting no service provision at all, and that means that the law that we in this place moved to an Act is not being followed. That surely cannot be right.

[Mr Walker]

I recognise the strength of feeling that my hon. Friend expresses, and his experience of meeting directly with some of the women affected by this. As part of the consultation process, I have also met some of those people, and their stories are in many cases harrowing, so he makes a powerful case. Absolutely, yes, we will continue not just to write to the Department of Health but to provide all the support that we can in getting it to implement this. It is important to recognise that this law is already in force and in effect, but this House will debate it in Committee in the coming week, and I hope that it will then be absolutely clear that the House fully supports these regulations and wants to see them observed. That in itself will send a message to the Executive.

Northern Ireland (Executive Formation) Bill

Huw Merriman Excerpts

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

[Mrs Maria Miller (Basingstoke) (Con)]

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

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

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

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

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

[Huw Merriman (Bexhill and Battle) (Con)]

My right hon. Friend, who chairs the Select Committee, is making an excellent speech. The judgment of the Supreme Court—the case was lost on a technicality—made it quite clear that Parliament is out of step with its UN treaty obligations. Does she agree that it is regrettable that despite that, Sarah Ewart has been forced to go through the High Court in Belfast, when we could have changed the law and avoided that outcome?

[Mrs Miller]

My hon. Friend gets to the nub of the matter. The human rights organisation in Northern Ireland did not have standing to take a case, because of a strange error in the way that the law was drafted. Presumably, that could be put right quickly—possibly through this Bill—so that individuals such as Sarah Ewart would not have to go through this process, which is heartbreaking and impossibly difficult for anyone, let alone someone who has lost a child in this way.

New clauses 10 to 12 go much further than the Select Committee’s recommendations, and they talk about implementing the CEDAW report in full. I have no problems with the CEDAW report. I think it is comprehensive and compelling, and the Government should address it in full, because we are signatories to this agreement—as a well-respected international country, we adhere to the rules and regulations that we sign up to. However, hon. Members should be careful before finalising their thoughts on whether to support new clauses 10 to 12.

The CEDAW report calls on the Government to repeal sections 58 and 59 of the Offences Against the Person Act 1861. Doing so would go much further than simply making it lawful for an individual to undertake an abortion if they have had a diagnosis of a fatal foetal abnormality, and it would have significant repercussions not only in Northern Ireland but in England. I ask hon. Members to consider whether this Bill is the most appropriate avenue to make such a fundamental change.

I do not disagree with the sentiment of the hon. Member for Walthamstow. She has consistently made a powerful argument in many similar debates, and one day we will get the opportunity to debate the matter in full. However, it does not feel right to me to make these changes through a Bill that has absolutely nothing to do with England and Wales, on a matter that is fundamental to many hon. Members who are probably not here today because they might not have realised the implications of her new clause.

--- Later in debate ---

[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.

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

I believe that decisions regarding the law on abortion in Northern Ireland should be a matter for the people who live there and their elected representatives. The whole concept of devolution is based on the idea that different jurisdictions in the United Kingdom are entitled to adopt different approaches to areas within their competence. It was a decision of this House to transfer policing and justice powers to the Northern Ireland Assembly, and Westminster has not sought to impose legislation in this area at any stage during the history of Northern Ireland since 1921.

In 1967, the elected representatives of Northern Ireland determined not to embrace the Abortion Act 1967. As recently as 2016, the elected representatives of the people of Northern Ireland voted not to change the law on abortion in any way. In that sense, Northern Ireland’s law enjoys a more recent democratic sanction than that of any other part of the United Kingdom. This is a matter of great debate in Northern Ireland, but there is robust statistical analysis to show that about 100,000 people who are alive in Northern Ireland today would not be if we had embraced the 1967 Act. I point to what the right hon. Member for East Antrim (Sammy Wilson) just said: polling shows that a large majority of people in Northern Ireland—64%—say that this is not a matter that should be addressed by Westminster, rising to 66% of women and 72% of 18 to 32-year-olds.

Inevitably and understandably, it will be pointed out that the Executive has not been functioning since January 2017. However, for reasons the Secretary of State has articulated on numerous occasions, there has been a concerted effort to avoid direct rule, which is no way to run a complex society such as Northern Ireland’s; only in extremis should it be considered. If direct rule came in, this House would of course be entitled to legislate on matters that are currently devolved. Ministers would be accountable for legislation and for the operation of Executive Departments in Northern Ireland. But direct rule has not been introduced, and while this remains the case, this House cannot selectively intervene in relation to some issues as if direct rule were in place without unravelling the wider devolution settlement.

[Huw Merriman]

If that is so, why did Lady Hale say in the Supreme Court, when looking at whether this is incompatible legally, that Parliament, not the Northern Ireland Assembly, has three choices to correct it?

[Sir Edward Leigh]

I am going to deal precisely with that point if my hon. Friend will be patient.

The process we are undertaking this afternoon does not assist the talks process—quite the opposite. Some of those who support these amendments and new clauses will claim to generally accept this argument but suggest that abortion is different because there is a human rights imperative to override the devolution settlement. However, significant misinformation has been spread with regard to the status of the law on abortion in Northern Ireland in relation to human rights. Specifically, as we have heard, a number of claims have been made with regard to the CEDAW and a recent report by the CEDAW sub-committee on Northern Ireland.

First, let us consider the position of the legislation on abortion in Northern Ireland in terms of the Human Rights Act 1998 and the European convention on human rights. It is important to stress that at this point there has been no declaration of incompatibility with regard to the law on abortion in Northern Ireland. Yes, in the Northern Ireland Human Rights Commission judgment released in June 2018, a majority of judges indicated that if the plaintiff had standing in the case, they would have made a declaration of incompatibility with regard to cases involving fatal foetal abnormalities and in cases of sexual crime. However, these non-binding comments do not constitute a declaration of incompatibility.

--- Later in debate ---

[Diana Johnson]

Today, we are looking at the opportunity we have with this Bill, and I think that most Members of this House would agree that legislation that is over 150 years old governing what is essentially a healthcare matter is no longer fit for purpose. That is why we should have the opportunity, as set out in my amendment, to look at the options available to the House when that finding of incompatibility comes down the road.

I want to respect the devolution settlement. That is why I have drafted the amendment with a sunset clause, so that once the Assembly is, we hope, back up and running, whatever we need to do in this House will revert back to the Assembly to carry forward.

I want to reiterate what I said last night. This idea came out of discussions we had on the Joint Committee conducting prelegislative scrutiny of the Domestic Abuse Bill. We found that if the Government wanted to ratify the Istanbul convention on combating violence against women and girls—which I am sure everybody in this House feels is an important thing to do—they could not because that Bill does not cover Northern Ireland, and Northern Ireland does not have legislation on issues such as stalking and coercive control. The idea that came out of that Committee was that we would again legislate for Northern Ireland, but with a sunset clause ready for when the Assembly is up and running again—it could then take the matter in whatever direction it wanted to—so that the bare minimum is in place.

I hope that the Committee will look at amendment 9 carefully, because it would give us an opportunity to consider how to take the matter forward. I think that all Members are really very concerned and moved by the stories of women who have been affected by the current abortion laws in Northern Ireland, and I am sure that we all want to ensure that we do not carry on, year after year, with the issue of women’s reproductive rights and healthcare in Northern Ireland not being addressed and with their human rights not being upheld. I hope that the Committee will support amendment 9.

[Huw Merriman]

I rise to speak in favour of amendment 9, the details of which have just been explained by the hon. Member for Kingston upon Hull North (Diana Johnson); of new clause 10, tabled by the hon. Member for Walthamstow (Stella Creasy); and of new clause 1, which stands in the name of the hon. Member for St Helens North (Conor McGinn). I will focus on abortion in Northern Ireland.

I have some sympathy with the point that this is a very narrowly defined Bill that is supposed to deliver certain eventualities, and that the amendments are widening in scope. Of course, the Clerk of Legislation, who is an absolute legend in this place, has decided that they are within scope. It is greatly frustrating that we have been having this conversation in this place for some time, because the Supreme Court has decreed that the law is incompatible with our obligations under treaty rights. When it comes to treaty rights, that is a matter for Parliament to correct; it is not a matter for Northern Ireland.

That opens up the point about why the Bill is being used in this regard. It is with regret, but with great frustration too, that we cannot seem to get Parliament to deliver by updating our laws to make them compliant with the Supreme Court’s judgment, because the Government have not moved.

I have great sympathy with the views held by hon. Members from Northern Ireland. I met representatives who were put in touch with me by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), and they made their case, with great dignity and respect, for why they do not want to see abortion rights changed. I think it is important for us to meet all sides of the divide. Equally, I spent time with Amnesty International in Belfast, meeting those who felt that their lives had been ruined by the current situation.

It feels wrong to me that one part of the United Kingdom can be left behind with a near total ban on abortion. The situation is even more perverse now that the Republic has changed its legal position on the matter. In 2018, as we have heard, 1,053 women had to travel outside Northern Ireland in order to exercise the rights that would be available to them elsewhere in the UK. That shows the absurdity of the situation, because the abortions still took place, but the extra inconvenience has to be suffered. I think that we need to change that.

I want to return to the words of Lady Hale in her Supreme Court judgment. She said:

“I agree, for the reasons given by Lord Kerr and Lord Mance, that in denying a lawful termination of her pregnancy in Northern Ireland to those women and girls in these situations who wish for it, the law is incompatible with their Convention rights.”

She then explained that Parliament—she was very clear that this was for Parliament—could do three things:

“First, it may share the court’s view and approve a ‘fast track’ remedial order under section 10 of the HRA”—

the Human Rights Act 1998;

“Second, it may share our view and pass an Act of Parliament to put things right… Third, it may do nothing”

and see the matter taken further, through to Strasbourg. More tellingly, for me—this is why I think we have it within our gift and should enact the provision—she said the following:

“It is at this point that the democratic will, as expressed through the elected representatives of the people, rules the day.”

The Bill is perhaps not the best vehicle, but the law requires updating. We have an opportunity now to give people their dignity and their human rights.

[Emma Little Pengelly]

Will the hon. Gentleman give way?

[Huw Merriman]

I will take one intervention, given that I have made so many myself.

[Emma Little Pengelly]

It is also the case, as we have articulated—we have received thousands of emails from across Northern Ireland—that the democratic will of the people of Northern Ireland does not support what is outlined in the amendment. The hon. Gentleman has highlighted an issue with the court case, but this amendment goes well beyond that.

[Huw Merriman]

I understand the hon. Lady’s point, because when I visited Northern Ireland I received a few choice emails from residents suggesting that I go back to where I came from. The reality is that this is the UK Parliament, and I believe that it is for this Parliament to take action. Even if I was wrong about that, for two years now the people of Northern Ireland have been unable to make those changes. We have conflicting polls—I could offer her one from Amnesty International. For two years there has not been the ability to legislate, so for how many more years are we to carry on, with people in Northern Ireland being without a vehicle for having their rights enforced?

I believe that is the fundamental point, because given that hon. Members argue, in relation to certain matters, that there should be no split down the Irish sea between Northern Ireland and the rest of the United Kingdom, I find it slightly perverse that they think that is okay when it comes to fundamental human rights. That is why I believe very strongly that we must make a change.

I will end with this, because I know that there is always a tendency—

[Nigel Dodds]

Will the hon. Gentleman give way?

[Huw Merriman]

I said that I would take only one intervention, if the right hon. Gentleman does not mind.

I say this, particularly to Members on these Conservative Benches: there might be technical reasons why they could be persuaded by the argument that this is a devolved matter—although I think legally that is wrong—but if we want to change, then we cannot change by abstaining, and if we want to make the point that we believe in equality and in human rights for all UK citizens, then it takes bravery. Do not just wear a badge or a T-shirt; walk through the Division Lobby and stand up for people whose rights have been abused for far too long.

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

It was Lord Palmerston who said that the Schleswig-Holstein question had only ever been understood by three people: one had gone mad, one had died and one had forgotten what it was all about. Here, however, we are considering a set of political, constitutional, legal and moral issues that are hopefully of far less complexity than that diplomatic incident all those years ago. They are unquestionably complex issues. To many people outside this Chamber—and probably to some inside it—it is a straight yes or no, for example on new clause 1 and same-sex marriage. But we are legislators and must take into consideration all the complex constitutional, political and possibly economic—whatever it might be—pieces of the kaleidoscope before reaching an informed decision.

Of course, the West Lothian question, which presents itself in some guise for the Scottish National party in this debate, needs to be answered and explained. It is entirely correct that Members, particularly those who represent Northern Ireland constituencies, would expect an explanation for that from us. There has been an historic self-denying ordinance on the Scottish National party not to participate in matters, such as this, that are outwith the scope of the devolved settlement in Scotland. However, we made it clear four years ago, not long after the larger arrival of my colleagues here, that there may be times when we decide to do so. We said in the election campaigns of 2015 and 2017 that we would do so where we deemed it to be appropriate, and I believe that this is one such occasion.

We talk a lot in this place at the moment about hard borders. There is currently a hard border on civil rights and equal rights for LGBT people, and it runs down the Irish sea. It is notable that Scotland is the only part of the United Kingdom where a same-sex union in Northern Ireland can be converted into a full marriage. I beseech the Government to amend their legislation to allow for that to happen in England and Wales.

I say to members of the Democratic Unionist party—I single out the right hon. Member for East Antrim (Sammy Wilson), who is taking his seat and was frothing at the mouth when we heard from Members who have genuinely held positions in relation to this problem; doubtless he does as well—that we have a unique set of circumstances. I do not like this place interfering in devolved Administrations and institutions perhaps any more than he does, but there is no point in the Scottish National party trying to out-Sinn Féin Sinn Féin on these matters, as they have said it would be entirely appropriate. I take no pleasure or joy in having to do this—I wish it could be settled in the Northern Ireland Assembly. Sinn Féin are right that the Assembly is the proper place to take that decision, but we are where we are. I could not go back to my constituency, and I could not look someone from Northern Ireland who wants this change in the eye ever again if I abstained or did not seek to advance the cause of equality, which I can enjoy, and which every Member of this House can enjoy, but which they cannot.

I will not accept any accusations of not being consistent. When the Democratic Unionist party blocked equal marriage, I argued for it consistently. In the gruesome history of the DUP’s—[Interruption.] They might laugh, but during the party’s gruesome history of anti-LGBT campaigning—and no, I will not calm down—I was consistent in standing up for equal rights, as were many other Members who have spoken in this debate. This is not simple—it is not black and white—but we face a set of unprecedented political circumstances in Northern Ireland. I do not enjoy them any more than anyone else, but voting for the Scottish National party to take part is entirely right and consistent, and I look forward to voting for new clause 1 when the Division is called.

Oral Answers to Questions

Huw Merriman Excerpts

Wednesday 6th March 2019 Commons Chamber

[The Prime Minister]

We have put more money into our schools—£2.6 billion over these two years. We are putting more money into our local authorities—£1.3 billion next year, voted against by the right hon. Gentleman and the Labour party—and more money into our police: nearly £1 billion extra available to them next year, voted against by the right hon. Gentleman and the Labour party.

The right hon. Gentleman stands up here and talks about austerity. If he is that concerned about austerity, you would think that he would want to make sure that it could never, ever happen again. Let us remember why we had to take those measures—because of the state of the economy left by the Labour party. But what would his policies mean? Higher borrowing, higher taxes, crashing our economy, less money for our public services—he would take us right back to austerity, square one.

[Huw Merriman (Bexhill and Battle) (Con)]

Q8. Across the country, freeholders and leaseholders are being ripped off by management companies charging excessive service charges, often for services they do not require. Many of these people are vulnerable pensioners who are trapped in McCarthy & Stone properties with their asset depreciating thanks to the dominant involvement of FirstPort and Vincent Tchenguiz. May I ask the Prime Minister for two reforms: first, ground rents at peppercorn levels for retirement homes; and secondly, bringing in a charging schedule and an automatic re-tendering process so that all freeholders and long lease holders can bid with their own community interest companies to deliver services that they actually require?

[The Prime Minister]

I recognise that this is an issue of real concern to many constituents. That is why we have committed to clamping down on those agents who abuse the system and protecting leaseholders and renters who are suffering at the hands of rogue agents, every day, from unexpected costs or from poor-quality repairs for excessive fees. We have asked Lord Best to chair a working group to look at regulating and professionalising property agents that will include reviewing the standards around the transparency of service charges and other fees and charges—how they are presented to consumers—and putting them into a statutory code for managing agents. But I am sure that my right hon. Friend the Communities Secretary will have heard the issue that my hon. Friend has raised and be happy to meet him to discuss this further.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Huw Merriman Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Fiona Bruce]

What I am arguing—reluctantly, I need to repeat many of the points I made in the Chamber yesterday—is that this key issue does merit reconsideration, but reconsideration in the right legislative chamber, namely the Northern Ireland Assembly. Elected officials there should be making such decisions while accountable to the people they represent.

[Huw Merriman (Bexhill and Battle) (Con)]

My hon. Friend is being generous in giving way. The recent Supreme Court decision requested that lawmakers take action where our law is incompatible with treaties that involve requirements on the UK Parliament. Even if it was just a matter for Northern Ireland, it has been almost two years since democracy has been in action there, so it is surely for this House to take note of such things.

[Fiona Bruce]

I am happy to address such points. I accept that several justices set out their thoughts on abortion legislation in Northern Ireland in a narrow set of circumstances in the Supreme Court decision earlier this year. However, those views cannot be extrapolated into a case for arguing that human rights are being curtailed in every circumstance in Northern Ireland. We must be clear that the Supreme Court did not make a binding declaration of the incompatibility of Northern Ireland abortion law with human rights. New clause 7 should not use that declaration to justify this proposal.

Offences Against the Person Act 1861

Huw Merriman Excerpts

Tuesday 5th June 2018 Commons Chamber

[Huw Merriman (Bexhill and Battle) (Con)]

It is a pleasure to follow the hon. Member for Birmingham, Yardley (Jess Phillips), who always speaks powerfully and emotively about such subjects.

I have sat through the debate in silence, and I have heard many points being made. I have disagreed with some of them vehemently, but I think it important for us in the Chamber to listen with respect to every opinion and not to think that we have a monopoly, however much we may disagree with the opinions of others. If we do otherwise, we are setting a terrible example to the rest of the country.

I look particularly to my friends in Northern Ireland, who I know serve their community incredibly well. They know their community and they are from their community, and I do not think that some of the etiquette directed towards them befits this place. I say that having found myself in agreement with the hon. Member for Walthamstow (Stella Creasy). I fundamentally believe in the right of women to choose what to do with their bodies, and I think that, if we are one United Kingdom, albeit with devolved parts, it is extremely important for us to have basic rights that everyone in the United Kingdom can enjoy. That is the issue that I have with the current law.

I would not be standing up and making these points if Northern Ireland truly had working devolution. If that were the case, this would be a matter for Northern Ireland, because in practice as well as by rule, these powers would be enacted there. However, it has been 18 months since powers ceased to exist there, and that is my difficulty. Although I am not a Northern Ireland representative, I must ask for how long the people of Northern Ireland must continue to experience circumstances in which they live in a democracy but there is an absolute impediment to their ability to reform rather than just carrying on, given that there is no functioning Executive and no Assembly.

Times change, and we have seen the move from the Republic, but a 1938 legal case, R v. Bourne, still largely governs the right of abortion in Northern Ireland: a woman has to become

“a physical or mental wreck”

until that right can be invoked. As a representative of this United Kingdom, I cannot stand by and see that occurring. I believe that it is a duty on every hon. Member to put their head above the parapet and say that if we believe that this is not right any longer, we have to make a stand for others in the United Kingdom to have the rights that my constituents have. That is what causes me to rise.

Of course I hope that the Northern Ireland people, led by their democrats, can form a functioning Administration, in which case they can take the powers back and make those decisions themselves, but the difficulty I have is that I cannot just sit behind a wall that says, “It’s nothing to do with me because there’s devolution,” when devolution is not functioning.

On that basis, I support the hon. Member for Walthamstow. I give her great credit for the courage with which she has led this debate. I also believe that there comes a point in time for the rest of the United Kingdom law to be updated. We should not have rights on the basis that there are exemptions. Those rights should be there for women and we should ensure they are kept up to date with medical advances as well. I am glad that we are having this debate today and I very much support the move that the hon. Lady has brought.

Oral Answers to Questions

Huw Merriman Excerpts

Wednesday 15th March 2017 Commons Chamber

The Prime Minister was asked—

[Huw Merriman (Bexhill and Battle) (Con)]

Q1. If she will list her official engagements for Wednesday 15 March.

[The Prime Minister (Mrs Theresa May)]

I am sure that Members will want to join me in wishing people across the UK and around the world a happy St Patrick’s day this coming Friday.

This morning, I had meetings with ministerial colleagues and others. In addition to my duties in this House, I shall have further such meetings later today.

[Huw Merriman]

With my Irish blood, may I also wish people a happy St Patrick’s day?

I welcome the Government’s announcement that we will abide by the letter of our manifesto and also the spirit. Does the Prime Minister agree that, as we move towards balancing the books, we must ensure that we have a fair and sustainable tax system?

[The Prime Minister]

I thank my hon. Friend for his question. We made a commitment not to raise tax, and we put our commitment into the tax lock. The measures that we put forward in the Budget last week were consistent with those locks. As a number of my parliamentary colleagues have been pointing out in recent days—[Interruption.]