Legal Rights to Access Abortion

Jim Shannon Excerpts

Monday 28th November 2022 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Member for Gower (Tonia Antoniazzi) for setting the scene. Although in all honesty the hon. Lady and I have two very different points of view, I respect her right to have that point of view. I hope she will respect my right to have a different point of view—I want to make that point today if I can. It is always a pleasure to see the Minister of State, Ministry of Justice, the right hon. Member for Charnwood (Edward Argar) in his place. I hold him in high regard; I think we all do, to be fair. I look forward to his comments and also to hearing from the right hon. and hon. Members who will make their views known.

In my time in the House, I do not think there has been a debate in which I have not made the effort to speak and express views on behalf of my constituents. With respect to the right hon. Member for Basingstoke (Dame Maria Miller), who referred to Northern Ireland, my understanding is that it is very clear in the polls in Northern Ireland that the majority of people are absolutely opposed to abortion on demand and the system of abortion in Northern Ireland. That system was imposed by this House—I will refer to that, of course, but I just want to put it on the record that that is the case.

I have received literally hundreds of emails, as I know others have, on the debate from my constituents of all ages, both genders, of all political opinions and of all religious persuasions on the importance of speaking up for life and, furthermore, the importance of speaking up for the lives of both the woman and the unborn child. The debates always seem to focus—for some anyway—on the rights of the woman, but the rights of the unborn child are disregarded as though they did not matter.

I want to put my position on the record: it is important to protect the lives of both the ladies and the unborn child. I will refer to that later on, too. I will always be a voice for the unborn child. I believe totally in the right of life and I thank Right To Life UK for its help in preparing evidence-wise for the debate and for some of the things it has made me aware of. I will continue to do this; it is the right thing to do.

I want to address an important point that is often misunderstood in the debate. It is fundamental to what we are talking about. There is no right to abortion in international law. The House has come under intense pressure to change the UK’s abortion laws so that they conform with international law, but let me be clear—let us all be clear—that the European convention on human rights does not recognise a right to abortion. The UK is under no obligation, as was mentioned by the right hon. Member for New Forest West (Sir Desmond Swayne) in an intervention, to change this law to conform to international law.

Members should not take my word for it, of course. They should look at the evidential base. The European Court of Human Rights has confirmed that there is no right to abortion in international law. It has maintained that position for the last 30-plus years. The USA, which others have referred to, cannot and should not influence the law in the UK. I am glad to say that the UK retains its own jurisdiction to make its own laws, and there is neither the need nor the demand to change those laws to recognise a right to abortion.

We in Northern Ireland have the jurisdiction to make our own laws on most occasions. On other occasions, we do not have jurisdiction, because other Members think it is better for them to make the decision here rather than the elected representatives back home in Northern Ireland. As my party’s spokesperson for health, I want to get across that points on behalf not just of my constituents but of all those in Northern Ireland, a vast majority of whom feel that their democracy has been overruled. The decision could be made in Scotland, Wales and here in England, but somehow not in Northern Ireland. I want to speak for women in my constituency and Northern Ireland who oppose abortion and do not agree with the legislation that has been imposed on them by Westminster.

I ask the Justice Minister how and why it should be right that legislation on abortion should be passed in Westminster that disrespects the animosity and opposition of those in Northern Ireland. It was in the paper last week that the Secretary of State for Northern Ireland could not find a way to ensure the money for energy price increases would be available in Northern Ireland, but guess what? He could find the money to finance abortions in Northern Ireland. With great respect to the Secretary of State, how can he do one thing but not another?

With the recent introduction of the Northern Ireland (Executive Formation etc) Act 2019 and the Abortion (Northern Ireland) Regulations 2020, women can now obtain abortions in Northern Ireland. Abortion is available de facto on demand up to 24 weeks’ gestation. That was opposed in this House by us and by others, many of whom are here tonight. I find it shocking and very saddening.

I have a constituent who had her daughter at 26 weeks. I have met that lady, and I think others have referred to her. When her daughter was born, she could fit in the palm of her daddy’s hand. That is how big that wee morsel was. She is now a full-grown lady. She has a job, drives and lives as happily as anyone else. She is alive today because of the NHS and the system we have. In many years past, a premature baby would not have lived. The point I am making is that if she can survive being born at 26 weeks, why are terminations available at 24 weeks? Allowing on-demand abortions up to 24 weeks does not give the baby a right to life.

In Northern Ireland, 100,000 people are alive today because abortion was not available in Northern Ireland. Those 100,000 people have made a significant contribution to society, have married and have jobs, and they have a positive attitude to life because of that. Those people are alive today. I say again that I believe what has happened to us in Northern Ireland is totally outrageous.

Many people on the other side of the debate, particularly those who take a more globalist view—for want of a better description—try to claim a right to abortion in international law, but the European Court of Human Rights has been crystal clear. Its decisions confirm that article 8 of the European convention on human rights, the right to a private and family life, does not confer a right to abortion. The Court has also ruled that countries can pass laws that ban or restrict abortion, even where the health and wellbeing of the woman is at risk. Such laws would and could not offend article 8.

There is a claim that the public and medical professionals overwhelmingly support decriminalisation. That is simply not the case. Evidence shows that 91% of women agree that sex-selective abortion should be explicitly banned by the law. The support of the Royal College of Midwives for the BPAS campaign on abortion up to birth saw a backlash from over 1,000 midwives protesting the RCM position and faced national opposition. In his two interventions, the hon. Member for Bolton West (Chris Green) mentioned that very case of selective abortion. He and I share the same concern over the potential for that in the future and the impact it will have.

This is a sensitive subject, and there are many strong and emotive views. One issue I set out to put on the record is the matter of coerced abortions from home and the issue of easy access to abortion pills. The hon. Member for Congleton (Fiona Bruce), my hon. Friend the Member for Upper Bann (Carla Lockhart) and others expressed concern directly to the Minister, and we met on a number of occasions to activate that point of view. As became more noticeable throughout the pandemic, women were subjected to phone calls to discuss their options and were sent pills, often without requesting them and usually under duress. Our concern was—it always was—that that approach is being used maliciously and wrongly. No face-to-face discussion or assessment is a step backward, not forward.

It was not and never should have been the position of Westminster to take any decision on abortion for the Northern Ireland Assembly and my constituents in Strangford, who overwhelmingly oppose this legislation and change. They did not want to see the abortion on demand that we have in Northern Ireland; they stand clearly for the right to life of the unborn child. There must be an element of respect for the thousands of my constituents who said that they do not want abortion on demand up to 24 weeks.

I and many others in this debate, I am glad to say, will stand up on every given occasion and speak up for those constituents and the life of the unborn child. I will also speak up for the constitutional value of Northern Ireland in this United Kingdom, and its place as a legislative body where any decisions on abortion should have taken place in any case. I look forward to the Minister’s response, ever mindful that we must protect the woman and the unborn child equally—not to the detriment of one against the other, which is what some Members have proposed today.

--- Later in debate ---

[Fiona Bruce]

It is very interesting that a large number of organisations, as my right hon. Friend has mentioned, are joining together in what I referred to earlier as a national and, indeed, international campaign to see the law changed on abortion. It is all part of a co-ordinated move to reduce the protection that already exists in our country today for the unborn child.

[Jim Shannon]

I fully support what the hon. Lady is saying. In my contribution I referred to the Royal College of Midwives and the 1,000 midwives who expressed concern the direction this is going. Opinion is divided between those in favour of abortion and those who are against. Clearly, we cannot move forward when there is division among the doctors and nurses themselves.

[Fiona Bruce]

I thank the hon. Member for that intervention. In this country we already allow abortions to term where the unborn child has a relatively minor and correctable physical condition. I have spoken about that many times before in the House because I have a son who was born with a club foot. Some 90% of babies with Down’s syndrome are aborted. A right to abortion would open the door to even more abortions after 24 weeks —a period of time inconsistent with medical advances that now enable babies prematurely born before that time to survive to 22, and in some cases even 21, weeks.

--- Later in debate ---

[Edward Argar]

If my right hon. Friend will give me a little space, I was going to come to her remarks on that, and also on the position of the Department of Health and Social Care. The recent legislation in Northern Ireland was implementing the will of Parliament rather than Government, and I will come to that. She tempts me on the issue of the Government taking a particular view on the issue. I will turn to that in a moment if she will let me make a little progress, but I will of course address her points.

In practice, the framework means that access to an abortion is available to those who need and want it. Abortions at above 24 weeks are also possible in more limited circumstances, and it is of course open to Parliament to change the law if it so desires. As was mentioned, abortion law is devolved to both the Scottish Parliament and the Northern Ireland Assembly. I would usually not set out the position of a devolved Administration on any matter, but due to the relevance of those positions to this debate, I will speak briefly about the recent changes in Northern Ireland that my right hon. Friend alluded to just now.

The Abortion Act 1967 did not extend to Northern Ireland. Instead, abortion law there was provided under section 25 of the Criminal Justice Act (Northern Ireland) 1945, which was equivalent to section 1 of the Infant Life (Preservation) Act 1929 in the rest of the UK. The Northern Ireland (Executive Formation etc) Act 2019 decriminalised abortion, and repealed sections 59 and 59 of the Offences Against the Person Act 1861. Following that, the Abortion (Northern Ireland) Regulations 2020 came into force, which meant that those in Northern Ireland who wish to can access an abortion on demand in the first 12 weeks of their pregnancy, and can conditionally access an abortion up to the 24th week—and beyond that in more limited circumstances.

Those changes were made because of the very specific context in Northern Ireland, and an amendment, I believe it was, was brought forward on abortion. It was felt that the will of Parliament was that women across the UK should have safe and legal access to abortion, and that the will of the House should be respected.

[Jim Shannon]

rose—

[Edward Argar]

Before I address abortion in the context of the Bill of Rights, I will turn to the points made by my right hon. Friend the Member for Basingstoke—and then I will give way to the hon. Member for Strangford (Jim Shannon). I agree with my right hon. Friend that this is a very complex area—she highlighted that in her remarks. She called for the Government to set out a clear, full and complete framework for moving forward. It remains the Government’s position that this is a matter for Parliament, and that it remains a matter for the consciences and decisions of individual Members of Parliament. I do not like to disappoint my right hon. Friend and I seek not to do so—but I fear I must do on this occasion.

My right hon. Friend raised another question about the Department of Health and Social Care action plan. It has been three or four months since I was last in the Department, but my memory is not entirely rusty. I know that this is something that the Department has been thinking about. In the past three years, sexual and reproductive health services have faced numerous new challenges, including those arising from the covid-19 pandemic. We saw some of that in the recent amendment on abortion and pills at home.

I am advised that Ministers in the Department are taking the time to fully engage with stakeholders from across the system, to understand the impact of that new context in any plan they bring forward. I know from previous conversations with my right hon. Friend her strength of feeling on that, and I will ensure that it is conveyed to the Secretary of State for Health and Social Care, my right hon. Friend the Member for North East Cambridgeshire (Steve Barclay) with the imprimatur from her, if I may, that speed is of the essence and that she looks forward to seeing that plan.

[Jim Shannon]

I know that the Minister is an honourable man; I have always had that opinion of him, as has everyone in the House. But the Government consulted with the people of Northern Ireland on the abortion changes, and 79% of respondents were against any changes. If there is no intention to acknowledge or take on board the opinion of the people of Northern Ireland, when they are very much against the changes, why bother?

[Edward Argar]

I appreciate the hon. Gentleman’s strength of feeling on this issue. I know that several right hon. and hon. Members who voted against the amendment when it was brought to the House, not because they did not support access to safe abortion services but because of concerns about the devolution settlement and the nature of how it operated. The House expressed a very clear view, and it is right that that view is respected. That is why the Government have moved forward with the regulations we have seen enacted.