Northern Ireland (Executive Formation etc) Act 2019

Jim Shannon Excerpts

Monday 28th October 2019 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for bringing forward the Northern Ireland Executive legislation and information for us tonight. I want to speak about the issue of abortion; there will be no surprise among people here that I am doing so.

In the past two weeks, the point has been made on a number of occasions that from 22 October there has been no legislation in Northern Ireland requiring that abortions must take place either in NHS hospitals or private clinics. The shadow Minister referred to that as well. Expert legal opinion from David Lock QC, the former Labour MP and leading lawyer in the field of NHS and health legislation, has pointed out that the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 regulates only certain types of premises, so does not ban any procedure from taking place outside such premises. David Lock QC points out that that means that if a doctor—or, indeed, someone without any formal qualifications—wanted to become an independent provider of abortions outside of a clinic, they would not be subject to any form of statutory prohibition or regulation at all.

In short, that means that back-street abortions were made legal in Northern Ireland on 22 October, with all the attendant health risks to women. I believe that that is extraordinary—indeed, it is unbelievable. Never before has the law been changed in any part of the United Kingdom with the effect of making back-street abortions legal.

[Gavin Robinson (Belfast East) (DUP)]

My hon. Friend will recall that I made a number of these points a fortnight ago. During the passage of the report two weeks ago, the Under-Secretary of State undertook, on the Secretary of State’s behalf, to write to us and outline exactly what laws were in place to preclude some of the dangers that we highlighted, to respond to us in detail before the change in the law that occurred last Monday. Regrettably, that has not happened. Does my hon. Friend agree that having that information with clarity would be most useful in this debate?

[Jim Shannon]

I thank my hon. Friend and colleague for raising that. He is absolutely right. The request was made and the Under-Secretary of State said that he would respond, but unfortunately that has not yet happened. That would have been immensely helpful for this debate tonight.

Even in England prior to 1967, back-street abortions were always illegal. Rather than acknowledging the point, however, the Northern Ireland Office has sought rather disingenuously to point to the Northern Ireland guidance as if it offered protection to pregnant women comparable to that of the law. The guidance, however, has no legal weight unless it is referring directly to statute, and for the most part it is merely saying what the NHS, which is under Government control, will do and making suggestions about what everyone else should do.

The suggestion that there is an appropriate substitute for the law is clearly not true and completely inappropriate, given the important matter at hand: women’s safety. While the Northern Ireland Office can encourage people to act in a particular way through guidance, it cannot require people to act.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I thank the hon. Gentleman for giving way because he has raised this issue before. Let me try to be helpful to the Secretary of State by referring to the guidance that he has issued about this very point. It is simply not the case that there are no regulations. In particular, abortion pills are a prescription-only medicine, the sale and supply of which are unlawful without a prescription, and that is not affected by any of the changes that came into law last week.

The suggestion that somehow there is no regulation of access to abortion medication is misplaced. I understand that the hon. Gentleman has that concern, but if he reads the regulations and looks at the existing medical regulations about abortifacients, he will find that regulation is in place. I hope that the Secretary of State, who probably has not got round to writing the letter to the hon. Gentleman, will find that a helpful intervention.

[Jim Shannon]

I am very capable of reading the information. The information that I have is contrary to what the hon. Lady has just said.

[Emma Little Pengelly]

For the purpose of clarification, reference was made to the case in the courts recently. The case included the procurement of abortion pills. It was dropped because of the change in the law around decriminalisation. Does my hon. Friend agree that it is wrong to say that access to these pills is not affected by the change? It clearly is impacted by the change.

[Jim Shannon]

I thank my hon. Friend for her intervention, and for the clarification. In his introduction, the Minister referred to the abortion pills as well.

If encouragement were sufficient, then we may as well do away with legislation and simply replace it with guidance, but we would not do that because it would not be responsible, especially when dealing with matters as important as the safety of women. The truth is that the Northern Ireland Office has failed the women of Northern Ireland. Quite apart from the wider concerns about respecting devolution and the fact that the Assembly voted against any change in the law as recently as February 2016—and that was a decision passed by the Assembly—the Northern Ireland Office did not need to support an amendment in another place removing abortion law regarding pregnancies up until the point just prior to when the baby is capable of being born alive, five months before making provision for a new law to take its place. This, I believe, was grossly irresponsible and completely unnecessary. Clearly, there must be no question of rushing the new legislation. It is right to take five months to consult on it and develop it. I welcome the fact that the Minister has referred to that and to the consultation with the Church groups. That is critical, and I appreciate his mentioning it.

In the intervening period, however, rather than pretending that guidance provides the same protection as the law, the Government should now urgently reintroduce sections 58 and 59 until the new law is ready to take over. The opinion of the people of Northern Ireland in relation to the law on abortion is clear. The majority of people from all sections, of all genders and of all ages are against this liberalisation and change in Northern Ireland, and this House does not respect that and does not take that into consideration.

I want to quickly speak about historical institutional abuse in Northern Ireland and survivor groups. This morning, I met some of the people from one of those groups—the HIA survival group, which set up a trust, the Survivors (North West). Some of them made representations at the Northern Ireland Affairs Committee. I met them today in my office. I wish to comment on one issue alone within the historical institutional abuse case and it is to do with the length of time in an institution. What has been agreed, which would be contrary to the opinion of the Rosetta Trust and Survivors (North West), is that there should not be a fixed payment for each year that an individual spent in an institution. Redress awards are to be assessed on an individual basis, taking account of the incidents, the duration and the severity of abuse.

Some of the people I spoke to this morning were in Rubane House in my constituency, where physical and sexual abuse took place. They were very traumatised by what happened to them. They welcome the fact that there will be a one-off payment of £10,000. That is good news, but they are concerned about the redress award system. They feel that there should be a payment for every one of those years retrospectively, but that does not seem to be included in this process. I ask the Secretary of State to look at that again.

The reason I say that is that those people who came to see me today are greatly traumatised by what has happened. They are severely traumatised, and suffer from memories and nightmares of the abuse that took place against them physically and sexually. When it comes to what they feel is appropriate and should happen, it is not about the money; it is about the recognition of years of abuse. The compensation should be retrospective for every year the victims were abused. If those people had the opportunity for legal redress, the cost for each individual would be between £35,000 and £40,000. The point is that making retrospective compensation payments would probably be a cheaper option, but it would address the victims’ issues.

I will conclude now because others wish to speak. The two issues that I have discussed today are really important: first, the clear impression and opinion of people across Northern Ireland is that the changes liberalising abortion are wrong and should not be imposed on Northern Ireland; and secondly, that compensation for survivors of HIA, including those in the Survivors (North West) group, should be retrospective with a payment for every year they were abused.

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

May I first add my support for the many issues that my colleagues have discussed today? In particular, I want to focus in my short remarks on a number of policy issues that should be being dealt with by the Northern Ireland Executive but that, sadly, are not.

Of course, there are many important issues in the overall reports, and we have heard some detailed discussion of them. In previous debates, I have gone into some of the detail of those issues, but I want to focus tonight on paragraph 3(1), which is on Executive formation, and to spend a little time outlining the impact of the lack of that Executive formation on my constituency, but also across Northern Ireland.

My right hon. Friend the Member for Belfast North (Nigel Dodds), my party leader here at Westminster, articulated earlier the many issues that are suffering due to the lack of a Northern Ireland Assembly and because the Northern Ireland Government have not been re-formed. The update in the report is very short because, since we last considered these reports, there is still no Northern Ireland Executive.

I was elected to represent the wonderful constituency of Belfast South just in the 2017 election, and it has been an incredible privilege to do so. In many ways, Belfast South is a thriving constituency. We have some of the best schools in Northern Ireland. We have some of the highest employment rates in not just Northern Ireland but across the United Kingdom. We have some of the lowest unemployment rates. At the last count, we had over 19,000 registered businesses. We have an incredibly diverse constituency, with many wonderful institutions, including the Lyric, many arts institutions, the Ulster Museum, Queen’s University and Stranmillis College, to name just a few. Relative to many other constituencies, mine is doing very well, and I am incredibly proud to represent it.

Like all constituencies, however, we still have challenges. The constituents I represent still have very real needs across a whole range of public services from health, education and infrastructure to worrying about bills and worrying about their businesses. I want to touch briefly on some of those issues, because they are the type of everyday issues that are not being articulated in Northern Ireland because of the lack of a Northern Ireland Assembly. They are not being articulated in this place either, because of the nature of the debates. Debates on those issues tend not to include or extend to devolved issues, but they are the issues that are impacting on a day-to-day basis. I know that and my hon. Friends know that, because we listen to our constituents and we know the serious concerns they have. We know the serious detrimental impact those issues are having on their lives. I know that the Secretary of State and his team have been out and about as well, talking to constituents right across Northern Ireland.

I want to touch first on education. Education in Northern Ireland is under huge pressure. The Northern Ireland Affairs Committee took some evidence from a number of schools and headteachers. I went out and talked to schools—nursery schools, primary schools and post-primary schools—across my constituency. They are doing an incredible job at a very difficult time. We know that their budgets are under huge pressure. That is why the Democratic Unionist party, in the confidence and supply arrangement, secured additional money for education. We wanted to make sure that those additional funds went into much needed public services, not for one part of the community but for people right across the community. We knew that schools would be under pressure. We knew there were further projected cuts for schools, and we wanted to do everything we could to help every child in Northern Ireland succeed. It is my party that stood on that platform. No matter where a child comes from, or what their background or financial circumstances are, the DUP wants every child in Northern Ireland to succeed. We recognise that succeeding in education is the gateway to a much better life for people, their families and their grandchildren.

The other area under huge pressure in Northern Ireland on education is special educational needs. There have been a number of debates in this place about autism services and mental health needs, yet for Northern Ireland we have been starved of that debate because of the inability to get the Northern Ireland Executive back up and going. In Northern Ireland, we have some of the highest levels of mental health needs and that is also the case within schools. I speak to parents day in, day out. They are under huge pressure to try to get much needed help and support for their children. They know that their children need everything from getting a diagnosis to getting a statement to trying to get educational support for that child. The Education Authority needs more resources, both financial and in terms of professionals. Parents need more support in their fight to get what their child needs and schools need more resources to provide that support. These are the types of issues that are not being talked about in Northern Ireland. The Democratic Unionist party is committed to a fundamental review of special educational needs to ensure proper resources go into special educational needs for every child across all communities in Northern Ireland.

[Jim Shannon]

Some 60% of the pupils who go to Clifton Special School, in the constituency of the hon. Member for North Down (Lady Hermon), come from my constituency of Strangford. The issue is not just about resources for parents and pupils, but upgrading such schools so they can cope with the new workload. Disabled children have very complex needs, both educational and health. That is the predicament facing schools such as Clifton House in Bangor.

[Emma Little Pengelly]

I thank my hon. Friend for that intervention. In my own constituency, we have a number of fantastic schools on the frontline, including Fleming Fulton, Glenveagh and Harberton. They are three fantastic schools in my constituency which do a huge amount of work. Other schools are also dealing with complex needs. I have reached out and spoken to them, and I understand the pressures they are under.

Moving on to health, in one respect we have been fortunate in Northern Ireland in that before Sinn Féin collapsed the Assembly, the Bengoa report, which talked about transformation, was agreed to, so we have a policy framework. However, let me be absolutely clear: these types of issues and pressures are not being articulated because there is no forum for this in Northern Ireland. Health-related matters do not fall to councils. There is no Northern Ireland Executive and this is a fully devolved matter, so it is rarely spoken about in detail in this forum, but we need health transformation in Northern Ireland.

We recognise that the current system is not fit for purpose. The Democratic Unionist party is absolutely committed to that transformation in a way that protects frontline services. We want to, and will, stand up for healthcare workers to ensure that they get proper remuneration for their hard work. Nurses, doctors, cleaners and the other staff in hospitals, including the administrative staff and consultants, are all working under huge pressure, and I pay tribute to them and the incredible work that they do in a system that is no longer fit for purpose, puts huge pressure on them and prevents them from getting the remuneration that they really deserve and that people really want to give.

We recognise that as the transformation is undertaken, we also need the additional resources to sort out things such as waiting lists. All Democratic Unionist party Members know how many constituents come in to see us who are sitting on waiting lists that are growing and growing, week by week, month by month. We want to get that investment in parallel with the much needed transformation, so that the money does not just go on transformation when people on the frontline are suffering. We need to reduce GP waiting times and get more GPs into the practices to help them to support our constituents.

I want to touch briefly on the business community. Businesses are rightly concerned about the proposal in relation to Brexit, but I do not want to talk about Brexit in any great detail today, because there will be plenty of other opportunities—and there have been opportunities—to do that. However, many of the issues for the business community in Northern Ireland are the same as those that businesses face across the United Kingdom. I have absolutely fantastic commercial areas in my constituency—everything from the Lisburn Road to Stranmillis Road, to Ormeau Road, to Finaghy Road, and there are many others across my constituency. They are fantastic areas with many small businesses where the business owners and staff are working incredibly hard under difficult circumstances. Our business rates are too high. Our businesses are struggling and they very much need this reform. I welcome the fact that there is a consultation out, but the Democratic Unionist party wants to do something fundamental to support the very many small businesses that are trying to make our economy work and make Northern Ireland thrive.

Our high streets are suffering. There was an announcement on the high streets fund across England and Wales, but we do not have that in Northern Ireland. I wrote to the head of the civil service asking him to use that money because Northern Ireland got a Barnett consequential. It got money from that announcement. Is it going to our high streets? No, but the Democratic Unionist party would absolutely prioritise supporting our high streets and those businesses and trying to make the very hearts of our communities, towns, villages and cities work.

I briefly want to mention the environment. I will not go into a huge amount of detail, but many people in Northern Ireland are really interested in this issue. I am not sure whether the Secretary of State is aware of this, but Northern Ireland has one of the lowest levels of woodland cover of any region in the United Kingdom. We have on average 6% or 7% woodland cover. The average across the United Kingdom is 13%, and across the European Union, it is 38%, so Northern Ireland has the lowest percentage of woodland cover by far across the British Isles, the Republic of Ireland and the European Union.

I will conclude with a plea, because I genuinely feel that this needs to be addressed. I have put a proposal on the table: to mark the 100 years of Northern Ireland, I am proposing the creation of a project to increase significantly the amount of woodland cover. One way that we could do this is by planting a tree for every person alive across Northern Ireland and the border counties—approximately 2 million trees. That would bring our woodland cover up from about 7% to about 12% or 13%, which would be the UK average. That project could happen and has happened elsewhere. There are other big initiatives across the United Kingdom, and I ask the Secretary of State to give serious consideration to supporting that proposal.