Abortion (Northern Ireland) Regulations 2021

Jim Shannon Excerpts

Monday 26th April 2021 General Committees

[Jim Shannon (Strangford) (DUP)]

First, I thank you, Mr Hosie, the Secretary of State, and right hon. and hon. Members for giving me the opportunity to come and present my case to the Committee, even though I am not a member of it.

I want to echo the opinions of my hon. Friend the Member for Upper Bann, and reiterate those points. This is a matter that I have very strong views on—personal views, and the views of my constituents, who have asked me to come and voice their opinions here in this Committee today. I say very respectfully to the Secretary of State—I have a good relationship with him; he knows that—and put on the record that through these new regulations he has taken sweeping powers of direction to take actions to implement paragraphs 85 and 86 of the CEDAW report. There has been no consultation on these regulations with those who are opposed to this matter.

The accompanying explanatory memorandum states that there was consultation in 2019 prior to the Abortion (Northern Ireland) Regulations 2020, suggesting that that consultation should suffice. I say respectfully that it does not suffice. That consultation was censured by the Secondary Legislation Scrutiny Committee for being far too short, and 79% of submissions opposed the proposals. Again, the figures are very clear. Moreover, that consultation did not suggest that the Secretary of State would be taking these powers within 18 months of the consultation—powers that go beyond abortion into other areas, including education, which is also a devolved matter, and health more broadly.

As I am sure members of the Committee are aware, the Secretary of State is able to make a direction to Ministers and Northern Ireland Departments under the Northern Ireland Act 1998 in a limited number of situations, including the need to meet some international obligations. It was argued by many that the Secretary of State needed to agree to the proposed section 9 of the Northern Ireland (Executive Formation etc) Act 2019 because it was required to meet international obligations. I believe it is clear that those arguments were false. The Government cannot give a direction under the 2019 Act because the CEDAW recommendations are, in the words of the explanatory memorandum to the regulations,

“not binding and do not constitute international obligations.”

I made that argument last June, so in one sense I am pleased that the Government now agree with me on the matter. However, I am distressed to note that soon after the 2 June 2020 vote, in which the Assembly rejected the 2020 regulations and expressly rejected an amendment to limit that rejection to the provision of abortion on the basis of disability, the Secretary of State dismissed that vote when asked about it by the BBC on 4 June, saying our convention obligations overruled it. Specifically, he said that the regulations must

“comply with a UN convention.”

The CEDAW convention does not even mention the word abortion, let alone define a right to it, and it is hard to overstate the anger felt in Northern Ireland when the Government misconstrue arguments in an attempt to render empty votes of the Northern Ireland Assembly as a means of getting their way.

The powers of direction that the Secretary of State has taken for himself are “similar to” the powers in section 26 of the Northern Ireland Act 1998, but cannot be justified by that precedent because they extend far beyond it. Crucially, they allow directions to go not merely to Executive Ministers, but directly to organisations such as health authorities. Moreover, the scope of directions extends beyond the 2020 abortion regulations to other devolved matters such as sex education.

I know the Minister does not have to respond to me—I asked only to address the Committee—but perhaps in responding to those Members who will vote he will explain what precedent there is for such a wide-ranging direction. How on earth can Assembly Departments plan budgets if they do not know when a directive might be issued that impacts on health, education or the role of women, or what it might say? The potential is great. How many plans might have to be abandoned because of the arrival of an uninvited direction requiring the redirection of funds? That would constitute an intolerable precedent for any devolved Government and is deeply humiliating not only for Northern Ireland Ministers, but for the people of Northern Ireland.

On top of all that, and not surprisingly, given the constitutionally flawed foundation on which they rest, the regulations are in any event dysfunctional because they come without a credible enforcement mechanism. The only way to enforce the law is for the Secretary of State to initiate a judicial review, which is absurd. The experiment with section 9 of the 2019 Act since July 2019 provides a powerful object lesson on why embarking on an attempt to unpick an aspect of devolution—it is as critical as that—invites the creation of a dangerous constitutional mess. The truth is that section 9 must be understood in terms of the Act in which it is located, the purpose of which was the restoration of the Executive. That is now in place; the Executive have been restored. I therefore call on the Government to withdraw the regulations, and propose the repeal of section 9.

I end by reminding the Committee of the words of the then Secretary of State in 2018:

“Abortion has been a devolved matter in Northern Ireland since it was created in 1921, and it would not be appropriate for Westminster to seek to impose its will, or to be the arbiter of an issue that has long been devolved to the people of Northern Ireland. The Government believe that the question of any future reform in Northern Ireland must be debated and decided by the people of Northern Ireland and their locally elected, and therefore accountable, politicians.”—[Official Report, 5 June 2018; Vol. 642, c. 220.]

That would be the elected Members of the Legislative Assembly of Northern Ireland. The regulations adopt the exact opposite position. The 2020 regulations do not require that services have to be commissioned. Whether they should be or how that should be done is a matter for the Northern Ireland Executive, not, with the greatest respect, the Secretary of State or the Minister of State.

I reiterate that I speak for all those unborn babies who have not had the chance to enjoy a real life. I believe that opportunity should be there for them. Their rights have to be reinforced. Again, I respectfully call on all right hon. and hon. Members to reject the regulations.