Northern Ireland (Executive Formation etc) Act 2019 Section 3(2)

Jim Shannon Excerpts

Monday 9th September 2019 Commons Chamber

[Fiona Bruce (Congleton) (Con)]

Ministers will understand that I am disappointed that we have been unable to discuss the reports on human trafficking and gambling this evening, given that they were reviewed as a result of amendments that I tabled to the original Bill. I would therefore appreciate an assurance from Ministers that these things will be debated in this House at the earliest possible date.

Turning to the abortion law review, I was surprised at its brevity, given that it represents a seismic change to the law in Northern Ireland, one that, as we have heard, led to tens of thousands of people marching on Stormont and in central Belfast in recent days. It is my fervent hope that any change to the law on abortion, a sensitive devolved issue, as the Secretary of State has said, could be taken forward by a restored Northern Ireland Executive. However, if that does not happen, and we have to be realistic about this, and an Executive are not reformed by 21 October, the people of Northern Ireland will find themselves in a situation where the provision of abortion, from conception up until the point of viability, which could be as far as 28 weeks, will take place in a complete legal vacuum from 22 October, with no guarantee that anything will be put in place until 31 March 2020. That is unacceptable. It means five months when there will, in effect, be no law regulating abortion at all in Northern Ireland—as I say, these are abortions taking place from conception until just before a baby is capable of being born alive. I said that we should not rush through this legislation when it was originally debated and now we see the results.

This country has all manner of statutory checks to protect women, including the need for clinics to be vetted and registered, none of which will exist in Northern Ireland. How is that good for the health of women in Northern Ireland? I have heard it suggested that the bodies of the relevant health professions will self-police in the interim, but that is simply unacceptable.

I believe that this House has failed the people of Northern Ireland in this Act. The Bill was rushed through, in dereliction of our duty to review legislation. We spent only 17 minutes debating the actual text of clause 9 when it returned from the Lords, which places on Northern Ireland a more permissive abortion regime than obtains in this country. It is unacceptable that there should be a five-month period during which abortions can take place in a legal vacuum, which is something I suspect most hon. Members were completely unaware of until tonight. I believe it is absurd to remove a law five months before we are required to put a new law in its place.

[Jim Shannon]

Does the hon. Lady share my view that if we had had the Abortion Act 1967 in Northern Ireland, 100,000 children would not be alive today? What we have in Northern Ireland is the acceptable thing to have, and the people of Northern Ireland are saying that they do not want to see that change—some 60% say that they want no change whatsoever.

[Fiona Bruce]

I thank the hon. Gentleman for that intervention.

I have a few questions for the Minister. First, could he give more detail on the five bullet points on page 25 of the review, which give inadequate information on some really key issues, such as the scoping of how best to deliver the regulations? One line on that is insufficient, given that we are only 40 days away from 22 October, and on a matter of such gravity.

Secondly, given the uncertainty over the new framework, how is the health and safety of women in Northern Ireland going to be protected during the five-month period? Thirdly, will the lack of regulation from 22 October mean that Northern Ireland is not compliant with the Istanbul convention’s requirement for an offence of forced abortion? This is serious. The whole point made by those in the Opposition who brought this measure forward was that there were human rights concerns. This is a human rights concern.

Fourthly, can the Minister confirm whether, as a matter of law during this interim period—I do not say that it is likely—it might be possible for abortions to take place up to 28 weeks in Northern Ireland? Fifthly, although the report mentions clarity for the medical professions, can he say how the Government will engage with them? Finally, will he be seeking advice from the Attorney General of Northern Ireland, as he will be from the Northern Ireland Human Rights Commission?

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

I would like to speak briefly about the abortion component of the report. I am still aghast at what section 9 of the Executive Formation Act proposes. In Northern Ireland we have developed the different approach to abortion that robust statistical research suggests means that about 100,000 people are alive in Northern Ireland today who would not be had we embraced the Abortion Act 1967. One hundred thousand lives is a lot of people. In this context, it is no great surprise that our approach has clearly helped.

The democratically elected Northern Ireland Assembly considered this matter as recently as 2016 and voted not to change the law in any way. It is no surprise that on 9 July every Northern Irish Member who takes their seat in Westminster voted against an attempt to overturn our law. However, what is particularly shocking, and what is brought out clearly in the report before us today, is something I do not think, with great respect, dawned on most Members of this House when we asked to consider what was then the entirely new clause 9 on 18 July —that it was not present in the provision we debated on 9 July. What is now section 9 does not just overturn our legal tradition; quite astonishingly, it does not require anything to be put in place for five whole months. That goes against what the hon. Member for Walthamstow (Stella Creasy) said.

If the Northern Ireland Assembly is not restored by 21 October, then on 22 October all our law governing will disappear until the point at which a child is deemed incapable of being born alive. I want to put it on record that 60% of those surveyed in a national opinion poll in Northern Ireland said that they did not want any change. I am asking the House today not to make this change against the wishes of the people of Northern Ireland. We had a rally at Stormont where almost 30,000 people walked to retain the rights of the unborn baby in the womb. That has to be preserved.