Scotland Act 1998: Section 35 Power

Jim Shannon Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Jack]

This is beyond parody. Democracy is what the Scotland Act is. Section 35 is in the Scotland Act. The SNP voted for the Scotland Act with section 35 in it. It is a democratic instrument.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his statement and agree that women and girls must be protected and safeguarded. He will be aware that a precedent was set for the circumnavigation of devolution when the UK Government brought in abortion on demand legislation for Northern Ireland. With great respect to my colleagues and friends—I call the hon. Members representing Scotland my friends—I do not recall those hon. Members defending the cause of Northern Ireland then. Will the Minister confirm that that precedent, supported by many who are opposing this decision today, means that the Government retain the right to step in on what they deem to be questions of equality or human rights?

[Mr Jack]

I am not an expert on the Northern Ireland Bills, so I will not stray into that area, but we have been advised that protections and safeguards for women and children need to be looked in light of those adverse effects. That is what we are dealing with through section 35 of the Scotland Act.