Offences Against the Person Act 1861

Jeffrey M Donaldson Excerpts

Tuesday 5th June 2018 Commons Chamber

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I welcome the opportunity to speak in this debate as a Member of Parliament, having represented my constituency for 21 years. Listening to debates in this place, I sometimes think that when people look at me they think I have a disconnect with the people I represent. Frankly, I would not have been returned to this House for my sixth term in Parliament if I was so disconnected from the people I represent. I am their voice in this House and I respect the voices of others, but the voices of the elected representatives from Northern Ireland should be heard in this debate.

This issue is one of great sensitivity, which deeply divides opinion both in this House and beyond, including in Northern Ireland. The subject of abortion incites strong and passionate responses for understandable reasons. I take part in this debate with that reality firmly in mind. My party has been from its very inception a pro-life party. We believe that law and policy in Northern Ireland should affirm and uphold the rights of both mothers and unborn children.

We have not been alone in Northern Ireland in upholding that stance. Politicians across the political divide and religious spectrum in Northern Ireland—as in other parts of the United Kingdom—have, and continue to hold, a similar view to the DUP. This includes both Unionists and nationalists in Northern Ireland, and people of all faiths and none. The nationalist parliamentarian, the former hon. Member for Foyle, Mark Durkan, spoke eloquently in this House in defence of the pro-life position. Some of the best proponents of the pro-life position in Northern Ireland have come from the republican tradition, such as Francie Brolly, a former Member of the Legislative Assembly, and his wife Anne, a former mayor of Limavady. Both are Sinn Féin representatives who hold a pro-life position. The idea therefore that the only party in Northern Ireland that is pro-life and holds this view is the DUP is a nonsense that betrays an ignorance of the political situation in Northern Ireland and of the views of political parties that I encourage Members to acquaint themselves with more closely.

[Liz McInnes (Heywood and Middleton) (Lab)]

Is the right hon. Gentleman aware that in countries where abortion is legally restricted there are 37 abortions per 1,000 women and that where abortion is regularly available there are 34 abortions per 1,000 women? Restrictive abortion laws do not prevent women from seeking abortion; they only endanger women’s health and lives as they seek unsafe procedures. That is not pro-life.

[Sir Jeffrey M. Donaldson]

I beg to differ with the hon. Lady. Research in Northern Ireland shows that since the introduction of the Abortion Act 1967 here, 100,000 people in Northern Ireland are alive today because we in Northern Ireland did not accept that law. That research has been backed up with proper scientific fact. I am proud of that pro-life position. I am proud of the fact that there are so many people alive in Northern Ireland today because we have a law that respects the rights of both women and the unborn child. We will maintain that position.

Contrary to some of the claims made by some in favour of liberalising the law in Northern Ireland, the law in Northern Ireland has been shown to reduce the number of abortions in our jurisdiction. That is a fact. The Both Lives Matter campaign, which has been very effective in Northern Ireland, demonstrated with its research that that is the case. For that reason, I am very thoughtful about any change in the law in Northern Ireland. Furthermore, we have long argued that it is for the people of Northern Ireland, through the Northern Ireland Assembly, to decide what the law on abortion should be. I very much respect the points made by the right hon. Member for Basingstoke (Mrs Miller) in that regard and we thank her for that acknowledgement.

This House made a decision in 2008 to devolve to Northern Ireland policing and justice powers, as the right hon. Lady reminded us. This House took that decision, which included the power to decide what the law on abortion in Northern Ireland should be. The Labour party was in power at that time and took that decision. I remind Labour Members that they do not contest elections in Northern Ireland. If they want to test the waters on this issue, we invite them to come and put their views forward and to contest elections in Northern Ireland. We are a functioning democracy. I might point out that its sister party in Northern Ireland is a pro-life party.

For our part, the DUP stands ready to take its place in both the Assembly and Executive today and without preconditions. We are ready to take on responsibility for governing Northern Ireland. We stand ready to work with the other parties to take decisions on sensitive issues like abortion, to arrive at an outcome that reflects the will of the people of Northern Ireland, respecting the rights of both women and unborn children and upholding the principle that both lives matter.

[Emma Little Pengelly (Belfast South) (DUP)]

Does my right hon. Friend agree that although there are deeply sensitive issues we must consider in Northern Ireland, such as life-limiting conditions also referred to as fatal foetal abnormality, this proposal would impose on the people of Northern Ireland one of the most liberal abortion regimes anywhere in the world: abortion on demand up to 24 weeks in the absence—this is a fact—of a regime or guidelines? Currently, they do not exist, and if this measure went ahead, there would be nothing there apart from legality and decriminalisation up to 24 weeks.

[Sir Jeffrey M. Donaldson]

I thank my hon. Friend for that intervention. In truth, if what is proposed under this motion was to actually happen, it would have dramatic consequences for Northern Ireland. That is absolutely clear and I think even the mover of the motion acknowledged there would be a very significant gap. We need to have this debate in Northern Ireland: a reasoned debate that engages the political parties and civil society, so we can collect the voices and come to a decision on how best to proceed with regard to the law on abortion. In the Northern Ireland Executive, the DUP supported the establishment of the expert working group, which has now published its report specifically on the question of unborn children diagnosed with a life-limiting condition. We are considering that report, which has recently been published, and the key recommendations it makes.

This is a very sensitive area and women in receipt of such devastating diagnoses deserve our utmost sympathy and our support. No one could fail to be moved by the harrowing cases of those who have found themselves in such tragic circumstances. We want to develop a new Northern Ireland-wide service for women in those circumstances to ensure that they receive the best information, advice and co-ordinated care and to ease their journey through our healthcare system. I am keen to ensure that we enhance our perinatal palliative care, with a view to Northern Ireland becoming an exemplar in this area.

We want to listen to the voices of civil society. We want to listen to what people have to say—the voices of women like Sarah Ewart, who has spoken passionately about her own experience of pregnancy and abortion in the most difficult of circumstances and has argued for change in cases involving unborn children with life-limiting conditions. I also refer to the voice of my own constituent who wrote to me last evening on hearing about this debate:

“Apparently there is to be a discussion in the Commons on our abortion laws. As the daughter of a rape victim and an unrepresented Catholic I would ask that you take a positive pro-life stance and protect the most vulnerable in our society.”

There are strong voices on both sides of this debate. This is a devolved issue. It should be left to the people of Northern Ireland.

[Mr Speaker]

Before I call the Secretary of State for Northern Ireland, I remind colleagues that inexorably the time limit on Back-Bench speeches will fall if there are huge numbers of interventions—there will inevitably be interventions; they are part of the debate—and if Front Benchers, not so constrained, were inadvertently to dilate at excessive length. I know that they will not, because that would be uncollegiate and they will not want to be uncollegiate.

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[Tonia Antoniazzi (Gower) (Lab)]

I congratulate my hon. Friend the Member for Walthamstow (Stella Creasy) on securing this emergency debate. I was proud to stand in solidarity with Members across the House yesterday to bring the debate forward.

It stuns me that the Government will pander further to the DUP to force their agenda through the House—as they will particularly next week, no doubt—by selling the rights of women in Northern Ireland down the river. Women are suffering and their human rights are being infringed while the House does not act. The Northern Ireland Assembly has not sat since January 2017 and shows little sign of being reconstituted. Shame on the Tories, shame on the DUP and shame on the politicians who stand in the way. I have met different groups from across Northern Ireland, and many say that they are not interested in politics. One of the expressions I have heard is that people are “politically agnostic”. What does that say about politics in Northern Ireland? Those politicians are turning people off politics. People are making their own way in life in Northern Ireland, despite the shambles around the power sharing discussions.

[Sir Jeffrey M. Donaldson]

Will the hon. Lady give way?

[Tonia Antoniazzi]

Unfortunately I am unable to.

In the absence of a Northern Ireland Assembly, Westminster has a duty to stand up for the women of Northern Ireland. Is waiting for the Assembly to uphold the rights of women in Northern Ireland not just a way of avoiding taking action altogether?

The roll-out of universal credit, as we have all heard, penalises women who decide to have a third child, even if that is as a result of rape or within an abusive relationship. Imagine not being able to afford to have a third child, and imagine having to make the agonising decision to continue a pregnancy when foetal abnormalities have been detected. How can any of us begin to imagine what it is like to have to make such a decision? It is ironic that the DUP gives the Government moral support on the two-child rule.

My hon. Friend the Member for Pontypridd (Owen Smith), in his former role, wrote about this very issue to the Director of Public Prosecutions for Northern Ireland, who made it very clear that it is

“a potential offence to withhold information regarding an act of rape. The legislation does not distinguish between a victim and third parties to whom a disclosure is made; each is potentially liable to prosecution.”

Is it not therefore evident that women in Northern Ireland are getting the rough end of the stick? There is also the fact that the Offences Against the Person Act 1861 is archaic and Victorian.

It is my responsibility as a woman and as a Member of Parliament to defend the rights of women in Northern Ireland. While abortion law may be devolved to Stormont, human rights are not, and the UN has told the Government on more than one occasion that the rights of women in Northern Ireland are being violated. Moreover, the defence of those rights is the responsibility of every UK MP.

This is about the rights of women to do what they want with their bodies, and we have spoken about choice in the Chamber today. This is about giving women in Northern Ireland parity with their sisters in the United Kingdom and, now, those over the border in Ireland. This is about leading the way on women’s rights around the world. This is about fairness and justice. More than anything else, this is a crazy situation to be in in 2018, and I will be doing everything I can to stand up for women in Northern Ireland.

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[Sir Peter Bottomley (Worthing West) (Con)]

My understanding is that if sections 58 and 59 of the Offences Against the Person Act are repealed, it will be necessary to have some other civil law both for England and Wales and for Northern Ireland. Clearly, the abolition of sections 58 and 59 will happen, as that is what the majority in the House wants to happen. That will then provide an opportunity to the devolved Assemblies and Administrations to bring forward the laws that they think are appropriate in their own parts of the United Kingdom. As I understand it, the Offences Against the Person Act does not apply in Scotland in this regard, and that does not cause a problem. The question is how and when, and then what.

I would like to know who is the most senior person in the DUP who supports what is, to use the shorthand, a woman’s right to choose; and whether any DUP candidates in the previous general election spoke up for a view that is held quite widely in other political parties. I am not sure that I know the answer to those questions.

[Sir Jeffrey M. Donaldson]

rose—

[Sir Peter Bottomley]

There is no need to provide the answer now, but, at some stage, it would be interesting to know whether there is a debate and a variety of views in the DUP. That is important in Northern Ireland.

The second question is whether we can take out the idea that this is a rarity. I do not normally talk about personal circumstances, but I have been involved in about 10 conceptions, three of which brought children who were born alive. The other seven were aborted naturally—they were miscarriages. I have had people living in my house desperate to have children, who have gone through late miscarriages—incidentally, those who think that the heartbeat starts at three weeks are out by about 100%, because it is about six to eight weeks, but that is an unimportant detail. The question is clearly this: if there is going to be a deliberate termination, can it be as soon as possible rather than as late as it can be under the current procedures? That is one reason why we need to examine the need to have two doctors to approve a formal medical termination or whether one is sufficient, and what the protocols should be.

We need to approach this matter in this way: the world is not as we would like it to be. It is clearly wrong that, in this country, there are about 190,000 abortions a year. If we allow some people to come in from Spain, Ireland or Northern Ireland for abortions, that leaves about a 40% chance that someone in this country will be involved in a conception that is ended by a deliberate termination at some stage. It is common, and it is not something for the criminal law. It is about understanding how conception takes place, whether people want an extra child when they already have five children, whether they have conceived with someone to whom they have to say, “I’m sorry, what did you say your name was?”, or whether they say, “We have lived together for two years and we hadn’t planned this.” Those are the sorts of circumstances that require openness and open discussion.