Abortion in Northern Ireland

Jeffrey M Donaldson Excerpts

Thursday 25th March 2021 Commons Chamber

[Brandon Lewis]

My right hon. Friend is absolutely right. I give her my assurance that we will continue to work with the Department of Health to ensure that it commissions these services as quickly as possible. Obviously, the principle of these regulations, which are subject to the affirmative procedure here in the House, means that we will have the power to direct should we need to do so. I hope that, in the next few weeks, while Parliament debates and discusses this issue, the Department of Health, which we stand ready to support and work with, is able to commission these services locally, so that, as she outlined, women and girls in Northern Ireland can get good, appropriate healthcare, in the way that anyone across the United Kingdom can, locally in Northern Ireland. That is what should happen, and I hope that it will, but we must make sure it does.

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

We of course want women in Northern Ireland to have access to the best healthcare, but we also believe passionately in protecting the life of the unborn child in Northern Ireland. That view is shared right across our society and is the view of a majority in the Northern Ireland Assembly. The Government seek not only to impose abortion regulations on Northern Ireland but to direct the Northern Ireland Executive to implement regulations that they never signed up to. Surely it should be left to local Ministers to decide what services to commission and not for Westminster to impose its view, in breach of the devolution settlement.

[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.

Northern Ireland Protocol

Jeffrey M Donaldson Excerpts

Wednesday 10th March 2021 Commons Chamber

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

We welcome and support even the limited measures that the Government have taken to protect businesses in Northern Ireland, but even an extended grace period still leaves us with a reality that, in the words of the permanent secretary of the Department of Agriculture, Environment and Rural Affairs, 20% of all the checks taking place on all borders across the European Union are now taking place in the Irish sea. That will increase substantially beyond the grace period, so we need a permanent solution to this problem—the sooner, the better.

[Brandon Lewis]

The right hon. Gentleman makes an important point. I send my best wishes to his colleague, Minister Poots, who is now returning to work after his recent illness, which is really good news.

The right hon. Gentleman has highlighted the practical impact of some of these things, and the importance of our getting solutions to ensure a good, flexible flow of goods, as we have always outlined was our vision, going back to our Command Paper last year. That is why it is important that we continue the conversations, and I encourage the EU to go further with those with civic society and business organisations in Northern Ireland, which it promised to do. We are keen to see the EU engage further, which I hope it will do shortly to understand the needs and the flexibilities that are practical, both for Northern Ireland and, ultimately, the wider EU as well.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 3rd March 2021 Commons Chamber

[Brandon Lewis]

The hon. Lady will have seen the correspondence between the Chancellor of the Duchy of Lancaster and the EU Commission outlining some of the things that we are looking at implementing. I point out that it is worth all businesses looking at and taking advantage of the Trader Support Service and the movement assistance scheme, which are specifically there to help businesses and to support them entirely at the cost of the UK Government. We have put several hundred million pounds of support into those businesses through those schemes, and they are working exceedingly well. Some businesses are hugely positive about the impact they will have.

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

As we approach the end of the three months’ grace period under the Northern Ireland protocol, many businesses and individuals in Northern Ireland are very concerned about what this will mean for them, in particular in relation to their ability to order goods and receive parcels from suppliers in Great Britain. Without further disruption to this trade, what will the Secretary of State and the Government do to address these concerns?

[Brandon Lewis]

The right hon. Gentleman makes a very good point. As has been the case since January, our focus will remain on supporting the effective flow of goods between Northern Ireland and Great Britain, avoiding any unacceptable disruption to the critical flow of goods on which lives and livelihoods rely. I absolutely agree that it is important that businesses and citizens across Northern Ireland do not see their lives or their livelihoods unacceptably disrupted as they adapt to new requirements. I can advise him that further guidance will be provided later this week on parcel movements from Great Britain to Northern Ireland.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for that response. He will also be aware that agrifood businesses and others in Northern Ireland are very concerned about the potential imposition of charges on goods that are brought into ports in Northern Ireland at the behest of the European Union. This will add significantly to the cost of doing business with the rest of the United Kingdom. Again, what does the Secretary of State intend to do to ensure that businesses in Northern Ireland are not required to pay these additional charges?

--- Later in debate ---

[The Prime Minister]

Indeed. We will protect our vital green belt, which I think constitutes 12.4% of our land. We can build our homes as my hon. Friend rightly suggests—300,000 of them on brownfield sites across the country.

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

We are now in the third month of the Northern Ireland protocol and we are fast approaching the end of the three-month grace period. The Prime Minister will be aware of the disruption the protocol is causing to trade between Great Britain and Northern Ireland, and the damage it is doing to the stability of the political institutions established under the Belfast agreement. What action does the Prime Minister intend to take to deliver on his promise to protect Northern Ireland’s position within the UK internal market and provide us with unfettered access to goods from Great Britain?

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 2nd December 2020 Commons Chamber

[Brandon Lewis]

Actually, it is quite the contrary.  The hon. Gentleman can look at the delivery of money last week, for farmers particularly. That is evidence of the Government’s determination to deliver on our commitment to, and our understanding of the importance of, the agriculture and farming community across the United Kingdom, with £315 million going to Northern Ireland farmers. Through the Joint Committee, we are working with the European Union on some of these final issues to ensure that we do have that free flow. We have been saying to our partners and colleagues in the EU that they need to play their part in being pragmatic about ensuring that we continue to see that sensible free flow of trade across the United Kingdom, as a sovereign nation.

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

You look well, Mr Speaker.

The Secretary of State will recognise the importance to Northern Ireland businesses of getting agreement on the classification of qualifying goods and qualifying businesses as they relate to trade between Great Britain and Northern Ireland within the UK single market. What progress has been made on securing such agreement and on defining at-risk goods, and what measures will the Government bring forward in legislation to ensure that Northern Ireland businesses really do have unfettered access to the UK internal market?

[Brandon Lewis]

I should put it on record that I also think you look well, Mr Speaker.

On an equally serious note, as the right hon. Gentleman knows, this Government are committed to ensuring that Northern Ireland businesses have unfettered access to the rest of the United Kingdom. That is why we have taken the steps that we have taken in legislating for the first phase of unfettered access; that is what those clauses in the United Kingdom Internal Market Bill are for. We are building on and learning from the discussions that we have had with businesses and the Northern Ireland Executive. We are pushing hard to secure agreement with the EU on a number of outstanding issues that relate to the protocol, including that of at-risk goods. We accept that tariffs should be paid on goods moving from Great Britain into the EU, but there should not be any tariffs on internal UK movements that begin in Great Britain and end in Northern Ireland; they are internal movements. I hope that the right hon. Gentleman will understand that I am not able to comment on the progress of the negotiations, although we are keen to move through them as quickly as possible. I reassure him that we are focused on those issues and are determined to deliver in full on our commitments to the people of Northern Ireland.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for that helpful response. I am sure that he will agree that those who talk loudly about the Good Friday agreement are the people who are threatening the economic prosperity of Northern Ireland by insisting on measures that are completely unnecessary in terms of protecting the agreement. Will he therefore indicate what progress has been made in securing a commitment from the EU to a significant grace period to allow Northern Ireland businesses sufficient time to adjust to the new arrangements that will be introduced when the transition period ends on 31 December?

[Brandon Lewis]

The right hon. Gentleman identifies, quite rightly, the importance of ensuring that there is no border between Great Britain and Northern Ireland. We have accepted the sanitary and phytosanitary checks. We are working with the EU, and both the UK and EU have committed to that intensified process, as colleagues will have seen, and to resolving all outstanding issues with the implementation of the Northern Ireland protocol, including securing the flexibilities that we need for trade from Great Britain to Northern Ireland.

As I said, the discussions are ongoing. I hope that the right hon. Gentleman will continue to understand that I am limited in what I can say as I do not want to pre-empt the outcome of those discussions, but we continue to work closely with the Northern Ireland Executive around the practical implications and operational delivery. The Department for Environment, Food and Rural Affairs has been working with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and with industry, traders, representative bodies and local authorities to ensure that they are engaged, supported and ready for trading from January 2021. I encourage any business that has not already done so to sign up free with the Trader Support Service.

Patrick Finucane: Supreme Court Judgment

Jeffrey M Donaldson Excerpts

Monday 30th November 2020 Commons Chamber

[Brandon Lewis]

I would say to my hon. Friend, who chairs the Northern Ireland Affairs Committee, that shortly after the statement in March, when we discussed legacy issues with victims groups, they asked us to pause because the people they represent were facing the challenges of covid. I felt that that was the right thing to do, so we paused that engagement. Over the last few weeks, I have been talking to civic society, as I do regularly, and people across civic society and across the communities obviously have a huge interest in legacy.

The point I have made consistently since the written ministerial statement in March this year is that, to move forward on legacy and to move forward in Northern Ireland, we have to bring people together, and as my hon. Friend rightly says, people across communities have to be clear about what they need to look forward and get the information that can lead to reconciliation. It is right that we engage widely and deeply with civic society and victims groups, as well as political parties and our partners in the Irish Government, before we come back with proposals. I am determined to do that. We have a duty to do that—a duty to the people of Northern Ireland—but we want to do that in a methodical and proper way. I hope people will see that going through these investigations in a methodical and proper way plays a part in that.

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

We welcome the Secretary of State’s decision. Equally, we condemn the murder of Pat Finucane. On my 21st birthday, my friend and colleague Edgar Graham, a lawyer and lecturer at Queen’s University, was murdered by the Provisional IRA. There were people involved—not only the gunman, but others who gave information that led to his murder, pointing the finger towards Edgar’s movements and so on. Is it not the case that all innocent victims are entitled to access to justice and to truth, including the family of Edgar Graham, a young lawyer cut down in his prime, and that what we really need is not special attention to any one case but an holistic approach to legacy that enables all innocent victims to have access to truth and justice?

[Brandon Lewis]

The right hon. Gentleman makes a very powerful point. That is why I specifically made the point in my opening remarks about dealing with the legacy in its entirety and recognising that a great number of people across communities have suffered loss and still do not have information or understanding of what happened to some of their family. We have to find a way through this. We have a duty to do everything we can to bring that information forward. That is why this week, we will publish further information on this case that has not yet been in the public domain. The more information we can bring out and secure for families and victims, the better for the future of Northern Ireland. It is right that we do that for everybody who was affected.

Northern Ireland Protocol: Implementation Proposals

Jeffrey M Donaldson Excerpts

Wednesday 18th November 2020 Commons Chamber

[Mr Walker]

My hon. Friend is spot on. It is also important that both parties to the protocol bear in mind the wording in that protocol about protecting the everyday life of people in Northern Ireland. That is absolutely crucial to this, and it is something that we should both be working to deliver.

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

The Minister will be aware that the protocol enables the UK Government to act unilaterally where that is necessary to protect the economy of Northern Ireland. In relation to the single market Bill and the Finance Bill, will he assure the House that he will bring forward those proposals and measures that are necessary to protect Northern Ireland’s place in the internal market? Does he recognise that there is cross-party and cross-community support for a period of time for the implementation of those measures, to allow our businesses, supermarkets, and others to prepare properly?

[Mr Walker]

The right hon. Gentleman makes an incredibly important point. He mentioned our approach to the return of the UK Internal Market Bill to the Commons and a Finance Bill later this year, and although I do not have specific control of that, I am happy to make those commitments to him and to all parties in Northern Ireland. It is crucial that we resolve these issues, and he has set out one of the most sensible ways to do that.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 30th September 2020 Commons Chamber

[Brandon Lewis]

My right hon. Friend makes a good point. There is a difference with businesses in Great Britain trading with Northern Ireland. We are determined to give them the certainty that they want and need. That is an important part of delivering on the protocol, which says that it

“should impact as little as possible on the everyday life of communities”.

That means ensuring good free trade. The protocol makes it clear that there will be some changes for goods movements into Northern Ireland from Great Britain. We are consulting businesses in Northern Ireland and working with our partners in the European Union to deliver on that, and there will be a slimmed-down Finance Bill that includes all the commitments we have made to the people of Northern Ireland that are outstanding at that point.

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

I echo the comments made by the right hon. Member for Forest of Dean (Mr Harper). Our concern is also about goods travelling from Great Britain to Northern Ireland, and that includes products used in the manufacturing process for goods that are then sent back to Great Britain. Can the Secretary of State assure us that the Finance Bill will contain specific definitions in relation to goods that are not deemed at risk that are for consumption exclusively in Northern Ireland or are part of the manufacturing process in Northern Ireland?

[Brandon Lewis]

The right hon. Gentleman makes a good point. At the heart of our approach is our determination to ensure that trade flows freely, so that businesses trading in and with Northern Ireland can continue to trade properly. We will make full use of the provisions in the protocol to deliver on that, and we will continue to discuss this with the European Union. As I say, there are still issues that we are discussing as part of the free trade agreement and through the specialist Joint Committee, but we will ensure that all the commitments made by myself, the Prime Minister and other colleagues at the Dispatch Box are delivered through a slimmed-down Finance Bill later this year.

[Sir Jeffrey M. Donaldson]

My hon. Friend the Member for Upper Bann (Carla Lockhart) and I have been meeting businesses in the agrifood sector, and they are particularly concerned about the definition of qualifying businesses and qualifying goods for the purposes of the movement of goods from Northern Ireland to GB and vice versa. I understand that the Government are preparing a statutory instrument on that. Can the Secretary of State update us on the progress made to bring about such a definition?

[Brandon Lewis]

Yes. The withdrawal agreement includes provision for the Government to define the qualifying status for goods and businesses in Northern Ireland, as part of ensuring that they benefit from unfettered access. We are also engaging with businesses, as the right hon. Gentleman and his colleagues are. I have been engaging with businesses—and will do so again later today—in Northern Ireland and with the Executive to work through the means for delivering that qualifying status. There will be an ability for us to deliver that, and we will do it by secondary legislation under the withdrawal Act before the end of the year.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 2nd September 2020 Commons Chamber

[Mr Speaker]

The next two questions have been withdrawn, so we will go to Sir Jeffrey Donaldson.

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

The Secretary of State will be aware that Northern Ireland businesses are concerned about the impact of the Northern Ireland protocol. Businesses I have spoken to report very little or no progress on export health certificates for animal-related food products being shipped from Great Britain to Northern Ireland. That potentially means increased costs for Northern Ireland businesses, and those costs will be passed on to Northern Ireland consumers. What will he do to ensure that arrangements are put in place to prevent that from happening?

[Brandon Lewis]

I thank the right hon. Gentleman for his question. We recognise the unique position of authorised traders, such as supermarkets, with stable supply chains and comprehensive oversight of warehousing and distribution operations, moving pre-packaged products for retail sales solely in Northern Ireland. We continue to look at specific solutions for the trade, working with the trade. EHCs and accompanying notes for guidance will be made available from 1 November on the EHC form finder, to allow exporters and certifying officers to familiarise themselves with the requirements.

[Sir Jeffrey M. Donaldson]

I welcome that news, and I want to follow that up with a question about the formal guidance that is required from the Government on the definition of unfettered access. Can the Secretary of State explain how a trader in Northern Ireland will get qualifying status in order to benefit from unfettered access in shipping goods from Northern Ireland to Great Britain and in the other direction? What extra processes would a trader in Northern Ireland face if they did not have qualifying status? The Secretary of State will be aware that this has significant cost implications for Northern Ireland businesses. Will he therefore commit to discussing this matter urgently with his colleagues in the Cabinet Office, to ensure that guidance is issued to Northern Ireland businesses on the definition of unfettered access as soon as possible?

[Brandon Lewis]

I can confirm that we are very keen to give as much guidance and information to businesses as early as possible. We are committed, as I said, to providing Northern Ireland’s businesses with unfettered access to the rest of the UK market. I am very clear about what that means. It means no import customs declarations as goods enter the rest of the UK from Northern Ireland. It means no safety or security declarations as goods enter the rest of the UK from Northern Ireland, no tariffs to be applied to Northern Ireland goods entering the rest of the United Kingdom in any circumstances, no customs checks, no new regulatory checks and no additional approvals required for placing goods on the market in the rest of the United Kingdom. For further reassurance, I can tell the right hon. Gentleman that we will introduce legislation for unfettered access shortly, and we will continue to provide that guidance.

--- Later in debate ---

[The Prime Minister]

My right hon. Friend is absolutely right. We are working at pace with rail companies to try to deliver new products in terms of ticketing that would ensure better value and enable people to get back to work in a flexible way.

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

May I thank the Prime Minister and the Chancellor for the financial and economic interventions the Government have made to date? The Prime Minister will be aware that, as much as we want to see people back in work, there are certain sectors, such as tourism, travel, hospitality and aerospace, where that will not be possible in the short to medium term. Therefore, may I encourage the Prime Minister to look at a targeted extension for those sectors, and also to look at a specific UK-wide scheme to help those who have so far been excluded from the current schemes, including the newly self-employed?

[The Prime Minister]

As the right hon. Gentleman knows, there are a great number of schemes in addition to the job retention scheme that support people in work in all sorts of sectors—the coronavirus loans, the bounce-back loans, and the grants that we have made to businesses of all kinds. He mentions the tourism and hospitality sector, and we have made huge investments in those, including the very successful eat out to help out scheme that we have been running. But it is also very important that we get people back into the workplace in a covid-secure way and, unlike the Leader of the Opposition, we do everything we can to give them confidence that it is a good idea to go back. An ounce of confidence is worth a ton of taxpayers’ money.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 24th June 2020 Commons Chamber

[Brandon Lewis]

We will not be extending the transition period; we have made that clear. On the wider point, we will set out more detailed plans for extensive support from Her Majesty’s Revenue and Customs for Northern Ireland businesses that will be engaging in the new administrative processes, and we will issue that guidance this summer. I shall be clear, as I have been previously at this Dispatch Box: Northern Ireland businesses trading with the rest of the UK are part of the UK customs territory. They will have unfettered access.

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

On that point, are the Government actively seeking a waiver from the EU to prevent the need for customs declarations on goods being shipped between Great Britain and Northern Ireland? How advanced are such discussions, if they are taking place?

[Brandon Lewis]

We continue to take forward discussions on the implementation of the protocol in the Joint Committee and in the specialised committee, as the right hon. Gentleman is aware. As we set out in the Command Paper, we will discharge our responsibilities in a way that is effective, that upholds our international obligations and that respects the unique circumstances of Northern Ireland. Provisions must include the minimum possible bureaucratic consequences for businesses and traders, and we will respect what we promised, which is unfettered access.

[Sir Jeffrey M. Donaldson]

I thank the Secretary of State for that response. Are the Government promoting a trusted-trader scheme, particularly for key retailers such as those that operate between Great Britain and Northern Ireland? What discussions about that has the Secretary of State had with the business engagement forum?

[Brandon Lewis]

We are working with Northern Ireland businesses and the Executive to ensure that any new administrative procedures are streamlined, avoid any unnecessary burdens and do not affect any flow of trade. There should be no tariffs on internal UK trade because the UK is a single customs territory. For example, a supermarket delivering to its stores in Northern Ireland poses no risk whatsoever to the EU market. No tariffs would be owed for such trade. The principle needs to be formalised with the EU in the withdrawal agreement Joint Committee. We are talking to businesses, including via the engagement forum and other opportunities, to explore proposals to make sure that we maximise the free flow of trade.

Abortion Regulations: Northern Ireland

Jeffrey M Donaldson Excerpts

Thursday 4th June 2020 Commons Chamber

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

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the abortion regulations for Northern Ireland.

[The Minister of State, Northern Ireland Office (Mr Robin Walker)]

As the Minister responsible for this policy area, I shall answer the question.

The Government originally laid the Abortion (Northern Ireland) Regulations 2020 in Parliament on 25 March on the provision of abortion services in Northern Ireland. The regulations came into force on 31 March 2020 and became law on access to abortion services in Northern Ireland. The regulations were originally required to be debated by 17 May to remain in force as law. However, the unprecedented situation created by covid-19 has impacted on parliamentary processes, and virtual voting systems were not yet fully implemented in time for the regulations to be debated in both Houses. Therefore the Abortion (Northern Ireland) (No. 2) Regulations 2020 were laid and came into force on 14 May, revoking the earlier regulations. That gives Parliament an extra 28 days to consider and scrutinise the regulations properly, given the nature of this policy.

This approach has ensured that the law on abortion in Northern Ireland itself, a requirement specified by the House in the Northern Ireland (Executive Formation etc) Act 2019, continues to apply with no risk, gap or legal uncertainty, and services can continue on the same basis in Northern Ireland as they are currently operating. The regulations are due to be debated in the House in a Delegated Legislation Committee on Monday 8 June and in the Lords after that. I understand that a committee has been empanelled to consider the regulations. I welcome the fact that the right hon. Gentleman’s party will be represented on that committee so that its voice can be heard. That will be the appropriate time for a full debate on the regulations.

[Sir Jeffrey M. Donaldson]

I thank the Minister for his response. When this House voted for section 9 of the Northern Ireland (Executive Formation etc) Act, it was argued that Parliament had the right to legislate on abortion in Northern Ireland in the absence of a functioning Assembly. However, that Assembly has now been restored for almost five months, so it is absolutely not the right way forward for Parliament to vote on the regulations. That point is greatly strengthened by the fact that not only has the Assembly been restored, but on Tuesday this week it voted in a motion by an absolute majority to reject these unamendable regulations. An absolute majority of the Assembly of 90 Members voted to reject them. The will of the people of Northern Ireland has spoken.

The Government have said that their hands are tied because the law is clear: they must bring the regulations forward for a vote in Northern Ireland. However, having taken legal advice at the highest level, I discovered that the law is not at all clear on that. There is actually as good a legal argument that the Government are under no such obligation. In that regard, I note the submissions of huge importance to the Secondary Legislation Scrutiny Committee from two QCs who also argue that the Secretary of State is under no obligation to press the regulations to a vote. To do so will fundamentally breach the devolution settlement and cause a constitutional predicament of the Government’s own making.

The Secretary of State would also be well advised not to bring the regulations to a vote because they sanction abortion for non-fatal disability up to birth, something that around 75 Members of the Assembly this week voted against. It is unthinkable that the Government should present such a discriminatory provision, which was not even required by CEDAW.

As Heidi Crowter, the very powerful disability rights campaigner with Down’s syndrome has said:

“I would now call on the Government not to ask MPs and peers to vote for regulations that contain discriminatory provisions that tell people like me that we should not exist.”

I today would do the same. The Government should withdraw the regulations, respect the fact that devolution has been restored and, rather than seek to further undermine devolution, allow the Northern Ireland Assembly its rightful place to legislate on its own abortion law.

[Mr Walker]

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

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

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

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

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

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

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

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

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