Northern Ireland (Executive Formation etc) Act 2019

Jim Shannon Excerpts

Wednesday 8th January 2020 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

May I say how pleased I was to hear the maiden speech from my hon. Friend the Member for Upper Bann (Carla Lockhart)? I think we can look forward to some exceptional contributions from her in the House over the next period of time.

Pages 9 to 11 of the report deal with the abortion consultation that ran between 4 November and 16 December. The way in which the consultation was conducted was hugely problematic. I appreciate that some of the issues with the consultation were not the fault of the Northern Ireland Office, but I understand that it was placed in a deeply invidious position by Parliament in the timelines that were set out. Conducting only a six-week consultation during a general election campaign on an issue of this sensitivity was simply inappropriate.

The consultation document had all the hallmarks of being rushed out or at least incomplete. Major gaps existed in it; just a few examples will suffice to show some of the issues. No clarity was given in the document on who will be performing abortions in Northern Ireland under the new regulatory framework. Will it be private providers, such as Marie Stopes or the British Pregnancy Advisory Service, or the national health service? The document at no point discussed which body will inspect abortion providers operating in Northern Ireland. That is a hugely important question, yet no details were provided.

The regulatory framework in the document is without question the biggest problem with it. Despite the consistent claims of the Northern Ireland Office and Ministers over the years that abortion is a devolved issue, and about the importance of respecting the people of Northern Ireland, the consultation document adopted an expansive interpretation of section 9 of the Northern Ireland (Executive Formation etc) Act 2019 in the proposals. Instead of adopting a cautious approach, as they should have, taking into consideration the way in which the law was passed—without consultation and with the known strong opposition in Northern Ireland to it; all Northern Ireland MPs who took their seats in Parliament at the time voted against the measure, and the democratically elected Northern Ireland Assembly voted as recently as 2016 not to change the law in any way—the Northern Ireland Office went far beyond what was strictly required by section 9 of the Act. That point has been well made by a number of eminent lawyers and has caused huge concern in Northern Ireland.

David Scoffield, QC, stated, in his expert legal opinion, that

“the question posed to me is essentially whether, if the…Secretary of State…determined to do no more than necessary to comply with his strict legal obligations under the 2019 Act, the proposals set out in the consultation go beyond this...I consider it to be relatively simple to conclude that the answer to this question is ‘yes’.”

He further stated:

“In my view it would be quite possible for the…Secretary of State…if he wished to take a conservative approach…for instance, on the basis of concerns that he should go no further to legislate on devolved matters than the UK Parliament has strictly required in the absence of a legislative consent motion from the Northern Ireland Assembly—to broaden the availability of abortion in Northern Ireland to a lesser extent than appears to be envisaged in the consultation proposals…to comply with the CEDAW recommendations.”

He continued:

“the proposal…goes well beyond the requirement in paragraph 85(a) …of the…report. Whilst the approach on which consultation responses have been invited would enable a woman or girl who had become pregnant through rape (or incest) to access an abortion up to the appropriate gestation period, it would also provide access to abortion for many others who would not have such access if the availability was confined to cases covered by paragraph 85(b)”.

Let us make no mistake: the radical proposals in the Northern Ireland Office consultation constitute a clear political choice on the part of the NIO to undermine devolution to a greater extent than the 2017 to 2019 Parliament required. There is no requirement to import into Northern Ireland ground C of the Abortion Act 1967, which would effectively lead to abortion on request for any reason between 12 or 14 weeks’ and 22 or 24 weeks’ gestation.

I sincerely hope that the Northern Ireland Office will consider the consultation responses and rethink its proposals. I understand that it is legally obligated to introduce a new regulatory framework, but it is not required to introduce these proposed radical changes. Up until the point when the other place voted for the amendment that became section 9, the Government were entirely consistent in their respect for devolution and the fact that abortion was a devolved matter for the Assembly, but let us be clear that certainly since 4 November, when the consultation was published, the main actor within the British constitution has been not Parliament, but the British Government, in wilfully and unnecessarily proposing an abortion regime that departed far more radically from what we had experienced until last October than what Parliament required.

The people of Northern Ireland do not want us to do this. Some 20,000 people— rich and poor, Protestant and Catholic, young and old—stood together at Stormont, rising above political opinion, religious divide and any other consideration, to beg this place not to do this awful thing. Yes, protect women, yes, find a better way, but abortion on demand taking place every two minutes night and day, as on the mainland, is not what we need in Northern Ireland. Some 100,000 people live today because of the legislation in Northern Ireland. We do not have to introduce this radical change, which is the difference between life in death, in this way. The Minister has time to rethink. I ask that he take this opportunity to do so and allow the voices of people in Northern Ireland to be heard, their wishes to be acknowledged and the right of life to be respected.

In closing, I want quickly to mention same-sex marriage. I pose this question to the Minister because I attended the Christian Institute meeting in Belfast four or five weeks ago. It was very clear and sent me some information in a letter:

“As things stand there is no protection”—

for Churches—

“and the NIO and Secretary of State”—

and the Minister of State

“must change this—not simply for Christian denominations but for our Jewish and Muslim friends who have the same deeply held beliefs. We are never in a place to bully people or belittle them but in a country which cherishes our freedoms and acknowledges that the foundation of this country is the word of God—the protection of those Christians to say that they will hold to biblical truth…must be enshrined within the law.”

The good news for Northern Ireland and the integrity of the British constitution is that the proposals in the abortion consultation were only proposals. The British Government do not need to discharge their responsibilities under section 9 and introduce these specific proposals. I therefore call on the Minister and the Government to step back from the brink and introduce only the legislative changes that section 9 actually requires. Decency and honesty require them to do so.

European Union (Withdrawal Agreement) Bill

Jim Shannon Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Joanna Cherry]

The answer to that is that the whole scheme is not being bunged into this Bill. The obligation to maintain certain minimum-level requirements is being taken out by the Bill, although it was agreed by cross-party Members, including the hon. Member for East Worthing and Shoreham (Tim Loughton), in the last Parliament.

The UK’s immigration rules as they stand—apart from some very limited circumstances—allow children to reunite only with parents, not with other relatives, in the UK. Under the EU Dublin III regulation, children have a legal route to reunite with other family members such as siblings, grandparents, aunts and uncles, and 95% of children that the charity Safe Passage supports to reunite with family safely and legally would be ineligible under the current UK rules. The consequence of this is that they would be forced to remain alone, separated from their families. There is a legitimate concern that taking out this previous commitment, through the Bill, is the beginning of a move towards an absolutely minimalist approach by the Government to their rights and duties.

[Jim Shannon (Strangford) (DUP)]

I want to put on record in Hansard that lots of people have contacted me by email about the issue that the hon. and learned Lady is referring to. There are many churches and many individuals in my constituency that want to see what she has asked for enshrined in legislation. I had thought that the Government were committed to doing that, and it is disappointing if they are not. If the Government want to reflect public opinion out in the street and mostly reflect public opinion in the constituency of Strangford and elsewhere, they should listen to the voices of the churches, the community groups and the individuals who want to see this happening. With that in mind, I will support the hon. and learned Lady.

[Joanna Cherry]

I am grateful to the hon. Gentleman for his comments, with which I entirely agree.

Among the amendments that have been crafted by the SNP, new clause 43 is designed to oblige the Government to negotiate an agreement so that Dublin III as a whole continues as closely as possible to the current arrangements. So far as we can make out, it is different from other Opposition amendments, which focus only on children with family here. Our purpose is to challenge the Government to explain why the broader Dublin III system is not worth saving.

Amendment 28 relates specifically to children. Again, so far as we can see, it is the only Opposition amendment that goes beyond seeking an agreement and requires Ministers to put in place a scheme so that we keep accepting take-charge requests from unaccompanied minors. We in the SNP ask why that should be negotiated away. If we believe that children seeking international protection are best placed with their families, let us allow that to happen in the United Kingdom. If we get an agreement that the arrangement is mutual with the EU, that would be great, but why wait? Are we seriously saying that, in the unlikely event that the European Union decides to play bad cop, global Britain will not take these children?

--- Later in debate ---

[Jim Shannon]

The Democratic Unionist party has tabled new clause 39 in relation to fishing. If one of my boats leaves Portavogie, goes out and catches a fish in the Irish sea and comes back into Portavogie, it owes tariffs, with administrative and bureaucratic costs. But if it goes and lands its catch in Scotland or England, it does not have to pay any charges whatsoever. The Government promised a golden dawn for the fishing sector when we left the EU. Quite clearly, boats in Northern Ireland—boats from Portavogie, Ardglass and Kilkeel—will not get that advantage. Is it not time that the Government considered the future of the fishing sector in particular and ensured that it has the golden dawn that the rest of the United Kingdom seems to have?

[Sammy Wilson]

My hon. Friend illustrates once again the potential unforeseen consequences.

Our amendments have the support of all the political parties in Northern Ireland, such is the degree of concern about the impact on the Northern Ireland economy. We could support Labour’s amendment 1, but it does not go as far as we would like. We already know from the Government’s own assessment that there will be impacts on the Northern Ireland economy, and while amendment 1 asks for a picture at a particular time, new clause 55 asks for a moving picture over a period of time, with independent assessments on a year-to-year basis of the impact of the Northern Ireland protocol on the Northern Ireland economy. That is as important as the assessment proposed in amendment 1.

--- Later in debate ---

[Layla Moran (Oxford West and Abingdon) (LD)]

I rise to support new clauses 10 and 29, on which we will be seeking a vote today. These should absolutely be no-brainers.

New clause 10 is about the Erasmus programme. For students, young people, those in training and staff who work in the education sector, the Erasmus scheme has been absolutely incredible. I wonder how many of us on these Benches have used that programme ourselves, or have had our children or others in our family do so. From 2014 to the end of this year alone, €1 billion has been allocated to support the UK as part of Erasmus+. New clause 10 would only require the Government to seek—to do what they say they want to do, but let us be sure—to negotiate continuing full membership of the future Erasmus education and youth programme.

We could secure access to the programme through negotiations, but we would be an associated third country and that would never be as good as the programme we are part of now. However, at least with new clause 10 this Parliament would be instructing the Government that, as part of the next phase, that is something we absolutely want.

Let us remind ourselves what Erasmus does. It allows our young people to go abroad to European universities, to learn new languages, to meet new people, to put down some roots abroad and to build the international understanding that, in my view, is a big part of what it means to be British.

[Jim Shannon]

I congratulate the hon. Lady on bringing this matter to the Committee for consideration. Today I had the opportunity to meet representatives from the Russell Group, which encompasses 24 universities across the whole of the United Kingdom of Great Britain and Northern Ireland, and the Erasmus scheme was one of the schemes they mentioned. They intimated how good the scheme was and how important it was, and stressed the opportunity that it brings. I want to support the hon. Lady in what she has said. When we have universities with the capacity and strength of membership that we have across all four regions, it indicates to me that the Erasmus scheme is a good scheme and needs to be retained.

[Layla Moran]

I thank the hon. Member very much for his intervention; he makes the point beautifully. It is such a no-brainer: this is something that we should want to keep.

When people who have used the scheme return and apply their skills, the economy is boosted. The scheme increases their chances of getting a job and increases their confidence and sense of independence—and Brexit puts all that under threat. If full access to the scheme is not negotiated, it is those from the poorer families who will suffer. Those from well-off families will be able to study abroad if they want; their parents could pay the fees. The Erasmus scheme gives those from poorer backgrounds the ability to do that in a way that simply was not available before it came to fruition.

--- Later in debate ---

[Claire Hanna]

I rise to speak to new clause 45, on the protection of the NHS from future trade deals, and new clause 59, on ensuring political representation for Northern Ireland in the European Parliament.

I suspect it goes without saying that I deeply regret the arrival of this point in the Brexit process. We still view Brexit as an extraordinary act of self-harm for Britain. We on our side of the Irish sea will suffer immense political, social and economic collateral damage. To protect ourselves, and indeed other regions of the UK, my hon. Friend the Member for Foyle (Colum Eastwood) and I have tabled amendments that would provide for impact assessments, prevent the diminution of rights, on which the hon. Member for North Down (Stephen Farry) has expanded very well, and give the Good Friday agreement institutions the flexibility they need to respond to the challenges that Brexit will bring. I do not need to remind Members that the Good Friday agreement is sovereign in Northern Ireland and has been endorsed overwhelmingly by the people—more so than anything else before or since. It is not just an ornament on the mantelpiece; it is a toolkit that can help us to weather the storm of Brexit, but it has to be given the powers, flexibility and opportunity to respond to the many challenges that we know are coming but the shape of which we do not yet know.

Ensuring European parliamentary representation for Northern Ireland is part of that. Thankfully, we will be within the regulatory orbit of the EU. Members will know that the Good Friday agreement mandates the Government to ensure no diminution of rights for people in Northern Ireland because of Brexit, but one of those rights, because they are Irish citizens and therefore will continue to be EU citizens, is the right to political representation in the European Parliament. There is therefore a duty on the Government to continue to provide that right for continuing EU and Irish citizens.

In many ways, the new clause merges amendments tabled by others around democratic oversight, transparency and parliamentary consent as this Brexit evolves. For the many reasons Members have laid out, if Brexit is to deliver even a fraction of what Government Members are promising, they should have no concerns about oversight and allowing people to see the process as it evolves. In matters of public policy, I have always found sunlight to be the best disinfectant. We must allow people to see how the processes are happening.

New clause 45 is self-explanatory. It seeks to protect the NHS from future trade deals and to ensure, if a future relationship affects the devolution settlement on health, that legislative consent is sought from the Northern Ireland Assembly—fingers crossed, it will exist again next week—and from the Scottish Parliament and the National Assembly for Wales.

We have tabled several other amendments—and support amendments that mirror them—around a level playing field, the maintenance of workers’ rights, Erasmus and Horizon 2020, which are so fundamental to Queen’s University in my constituency, and safeguards for EU nationals living here.

[Jim Shannon]

The hon. Lady is making some very pertinent points. In my constituency, the agri-food sector is important for jobs. We need workers’ rights enshrined so that those in the sector can have their jobs and immigration status retained. In some cases, people might fall through the cracks. If that is the case, we need to ensure that, even at this late stage, they can apply for and have the status they need. Does she think the Government should enshrine in legislation provisions that enable them to retain their immigration status in the United Kingdom of Great Britain and Northern Ireland so they can help our agri-food sector to grow and provide more jobs?

[Claire Hanna]

I do agree. In fact, I have been surprised to find myself in the same Lobby as the hon. Member several times today. That is how important these issues are to protecting jobs, consumers and our economy. He and I come from a place that has an emigration problem, and that problem is young people feeling the need to leave for opportunities elsewhere. That we have EU workers making their homes and paying their taxes where we live contributes to and enriches our economy, our community and our cultural lives. Everything must be done to protect those already feeling the cost of Brexit.

We spoke about the economic impact earlier, but I have spoken to EU citizens in my constituency who are already feeling the chill. Perhaps they are already being passed over for jobs or promotion because their employers do not know whether they will even be allowed to work here next year, or are asking, “Will I have to fill in lots of forms in order to continue to employ you?”

As I have said, we have covered an array of issues which have been set out very well by a number of Members, including the issue of child refugees. I do not mean this as an insult, but in many ways Conservative Members are the dog that caught the car. They have been chasing Brexit for a very long time, and now they have it. They have the numbers to get it done, and with that comes a duty to protect people from it. I do not believe that there is any good way to do Brexit, but they have those numbers, and they have that duty to take the roughest edges off it for the most vulnerable people.

Historical Institutional Abuse (Northern Ireland) Bill [Lords]

Jim Shannon Excerpts

2nd reading: House of Commons
Tuesday 5th November 2019 Commons Chamber

[Julian Smith]

I thank the right hon. Gentleman for all that he and his party have done to help to deliver this Bill.

[Jim Shannon (Strangford) (DUP)]

The House is clearly united on seeing justice and doing right by those who have been abused and who have waiting too long for recognition and a form of restitution. I thank the Government for prioritising this Bill and for getting it through before Dissolution.

I particularly want to mention some of those with whom I have worked closely: Gerry McCann and others from the Rosetta Trust; Margaret McGuckin, who is in the Gallery and who has been working on this since 2008; and Anne Hunter, who is also in the Gallery and whose sister, Sadie, died at Nazareth House in 1974. Although we celebrate the Bill, it is bittersweet for those who were abused, physically and otherwise, and who cannot be here today to see the conclusion of something for which we have worked very hard.

[Julian Smith]

The hon. Gentleman is absolutely right. I will return to some of those examples, but the fact that so many survivors and victims have died is one of the tragedies of this period.

--- Later in debate ---

[Julian Smith]

I will come on shortly to deal with that question. The second part of this Bill creates a statutory commissioner for survivors of institutional childhood abuse for Northern Ireland, who will act as an advocate for victims and survivors and support them in applying to the redress board. Whether in fighting for support services or in ensuring that payments are made as quickly and as fully as possible, the commissioner will play a key role in delivering for victims.

[Jim Shannon]

It is important not only that we have the commissioner in place, but that the moneys available for compensation will range from £10,000 to £80,000. I wish to make the point about the De La Salle Brothers and what happened in my constituency at Rubane House, outside Kircubbin, where institutional abuse, both physical and sexual, against some young boys took place over a period. Those young people are adults now but they are traumatised. How will the trauma, and the physical and emotional effect it has upon them, be taken into consideration whenever they apply to the commissioner for help?

[Julian Smith]

I hope that one of the commissioner’s focuses will to be look at the services to support those who come forward. That will require money and organisation, but it will be a key part of the role for whoever takes on the position of commissioner.

I have just been asked about this, so let me say that one of the key concerns of parliamentarians and victims’ groups alike is the swift payment for victims and survivors after the passing of this legislation. Victims have already waited too long for redress, and as we have heard, many have died doing so. Our thoughts are with their families. Clause 14 contains provisions that allow the redress board to pay an initial acknowledgement payment of £10,000 to eligible victims before the full determination of the total compensation is payable. Clause 7 allows the redress board to take a flexible case-management approach to claims to ensure that those who are elderly or in severe ill health are considered as a priority. Those in greatest need of redress will get their payment more quickly. Clause 6 allows claims to be made on behalf of a deceased person by their spouse or children.

Other key aspects of the Bill that are important to victims and survivors include provisions that allow the redress board to convene oral hearings, but in a way that should not create an unnecessary delay for those cases in which oral evidence is not required; the ability of the redress board to determine the rate of compensation based on a number of factors, including the duration of stay in an institution; and the ability of the commissioner for survivors of institutional child abuse for Northern Ireland to make representations to any person, including to the redress board. I also wish to confirm to the House that my Department is working closely with the Northern Ireland civil service and David Sterling to ensure that there is adequate resource and capacity for this redress scheme, so that it can get going as urgently as possible.

Northern Ireland

Jim Shannon Excerpts

Thursday 31st October 2019 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I will not detain the House for long. It is with some regret that we reach this decision, but we understand why the Secretary of State is bringing forward these regulations. He has to bring them forward—it is logical to do so—to the Chamber today and to extend the timescale. It is vital that, after the general election on 12 December and the run-up to it, and after that the discussions to find a way forward, we can engage again, including in the new year.

At the DUP’s party conference this Saturday past, our leader, Arlene Foster, made several suggestions that could lead to discussions being engaged in again. They were constructive comments; they were meant to be. They were positive comments from the point of view that we wish to find a way forward for the Northern Ireland Assembly to engage. The leader has done that very well.

We debated the budget Bill last night in the Chamber. We all understand the issues for the budget in Northern Ireland and why it is important that those decisions be made by the Northern Ireland Assembly. I would be very pleased to report to the Chamber that the Assembly was back up and running. There is one thing we all agree on, and that is that we all think that that is the way forward.

I do not want to be entirely critical of other political parties, but I will say this: our party, the Democratic Unionist party, is willing and able and will be at Stormont on Monday morning, or whatever Monday morning, to engage in the political process and move forward. I would encourage Sinn Féin to have the same understanding of how the process works. This election will perhaps delay that. It is better that we do what we are doing and then after we can move forward, hopefully with a constructive attitude. Certainly the DUP will be of that mind. We hope that Sinn Féin will be as well.

Question put and agreed to.

Northern Ireland Budget Bill

Jim Shannon Excerpts

2nd reading: House of Commons
Wednesday 30th October 2019 Commons Chamber

[Sir Jeffrey M. Donaldson]

My hon. Friend is absolutely right. That is what the Police Federation for Northern Ireland and the Chief Constable have been saying, so we need to consider police officers and the recruitment process.

My final point on public safety relates to the Northern Ireland Fire and Rescue Service, which is headquartered at Lisburn in my constituency and comes under the remit of the Department of Health. Of course, the Department has enormous pressures on its budget and on how it manages staff, so I have every sympathy, and the priority in the Department must be the health service and health service reform. However, I am nevertheless concerned about the downwards trend in funding for the Northern Ireland Fire and Rescue Service. In 2019-20, the budget for the fire and rescue service is £74.1 million, but it was £81.6 million in 2011-12, so there has been a significant cut.

Earlier today, we had a debate on the report on the tragic circumstances of the fire at Grenfell Tower. None of us wants to see that kind of situation, but the cuts in the Northern Ireland Fire and Rescue Service leave me concerned, as a public representative, about its capacity to respond to that kind of emergency situation. I will not go into all the detail of how those cuts are having an impact, but they are.

We have seen whole-time crews cut in Northern Ireland, which means that in many locations crews cannot deploy without part-time firefighters being available to provide them with the full complement they need to attend an incident. That is a matter of concern. That is in no way to question the professionalism of part-time firefighters—far from it—but it is an unsatisfactory situation for the fire and rescue service to be in, because it can result in delays while full-time fire crews wait for their part-time colleagues to arrive before they can respond to an incident.

That is a having an impact on response times for fire crews in Carrickfergus, Portadown in the constituency of my hon. Friend the Member for Upper Bann (David Simpson), Omagh, Enniskillen, Newtownards in the constituency of my hon. Friend the Member for Strangford (Jim Shannon) and Armagh. The cuts are also having an impact in Londonderry. It concerns us that the capacity of the fire and rescue service to respond to major incidents is being diminished in Northern Ireland.

[Jim Shannon (Strangford) (DUP)]

My right hon. Friend has outlined a number of towns where fire services will be cut. Does he share my annoyance and concern over the reductions in the fire service in towns that are growing, with a population growth of some 10%, 15% or even 20%?

[Sir Jeffrey M. Donaldson]

Indeed I do. I have made the point that the population of Northern Ireland has increased in the period I quoted.

We welcome the progress that has been made. The Northern Ireland Fire and Rescue Service does a great job at fire prevention. Its fire safety talks in schools and to community groups have been very successful. Nevertheless, I am concerned that if we have major incidents in Northern Ireland, like we had at the Primark building in the centre of Belfast, the capacity of our fire crews to respond and the specialist equipment that needs to be deployed will have been diminished as a result of the cuts.

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.

--- Later in debate ---

[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.

Northern Ireland: Restoring Devolution

Jim Shannon Excerpts

Monday 21st October 2019 Commons Chamber

[Julian Smith]

We will bring forward a consultation in the coming days. As I have said, decriminalisation and the moratorium on criminal cases will take effect from tomorrow. We will be delivering in the new year on the law that has now changed.

[Jim Shannon (Strangford) (DUP)]

As the Secretary of State will know, the Assembly tried to meet today, when some 33-plus Members tried to initiate a debate to stop the abortion legislation going forward. Unfortunately, Government acquiescence to the legislation ensured that it went through this place. Does he not understand the anger that people in Northern Ireland feel about the abortion changes, and will he bring in changes for the Department of Health, which will have a deficit of £20 million this year, to ensure that it can do what it needs to do in the year ahead?

[Julian Smith]

I understand the huge sensitivities around this issue, but there was a free vote in this House and the law was clear that if the Assembly and the Executive were not up and running by today, the law relating to same-sex marriage and abortion would change. We have now reached that point. With regard to funding for abortions, the Government will continue to pay for travel to England during this period, and we will ensure, as part of the consultation and the changes, that the health service in Northern Ireland has every resource it requires.

Wrightbus (Ballymena)

Jim Shannon Excerpts

Monday 30th September 2019 Commons Chamber

[Julian Smith]

I am very happy to pay tribute to Sue. As colleagues from across the House know, she played a very important role in the civil service here and continues to do so in Northern Ireland.

[Jim Shannon (Strangford) (DUP)]

One of the best things that the Secretary of State and the Government could do would be to encourage and fund Translink to the tune of £40 million, to enable it to buy the new buses it needs, which would enable Wrightbus to survive, thrive and retain jobs. Will the Secretary of State consider that?

[Julian Smith]

The £220 million announced by the Chancellor of the Exchequer a few hours ago will be of benefit to all bus companies and will ensure that the market for buses in both GB and NI will continue to thrive.

Northern Ireland (Executive Formation etc) Act 2019 Section 7

Jim Shannon Excerpts

Monday 30th September 2019 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

This issue is a difficult one to speak about. It is heartbreaking when we hear of the scale of abuse and the ramifications of that abuse for entire families throughout the Province. However, it is clear that, no matter how difficult it is, we must do more than just speak; we must act. That has been said unanimously in this House today, and the Secretary of State and the Government have to respond accordingly. One constituent put it to me like this:

“You may already be aware of this high-profile issue, which has come to symbolise the pain afflicted onto some of the most vulnerable people in Northern Ireland in the absence of government.”

The Secretary of State referred to two places—Kincora and Nazareth House. I would add De La Salle in Kircubbin, where physical and sexual abuse took place of young boys in that establishment. Some of the people who have come to speak to us in the groups and have come to my office to meet me have also addressed the Northern Ireland Affairs Committee. We have heard at length their deputations and submissions to that as well.

This is yet another group of people who have been affected by the intransigence of Sinn Féin and its refusal to do its job and take its place—another group of people who have been further traumatised by the stalemate that has taken place. Can I say very respectfully to the Secretary of State that he cannot ignore the fact that Sinn Féin is the obstacle in this process? This is partly why I have been calling for direct rule in this place: it is time to consider that honestly.

The Bill was hijacked by hon. Members—with respect, again—on the Opposition Benches to introduce legislation that was not discussed, vetted or done by the proper process. Vulnerable groups like this have no showing in the priorities of the hon. Member for Walthamstow (Stella Creasy), but it is one of my priorities, and that is why I am speaking on this issue today. I speak for the unborn: those who are alive in the womb. One hundred thousand people live today because of the current abortion legislation we have in Northern Ireland, yet that would change—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Can I just bring the hon. Gentleman back to the issue of historical abuse? I am sure he is returning to it now.

[Jim Shannon]

I think it is important that we have that issue on record, as that has been abuse as well.

By way of quick summary, the independent inquiry by Sir Anthony Hart that was commissioned by the Northern Ireland Executive in 2013 reported on a series of recommendations in January 2017 that sought to deliver justice to victims and survivors of historical institutional abuse. The delivery of the findings of that inquiry coincided with the collapse of the Assembly and Executive. In the two and a half years since that point, victims and survivors have been left without any of the redress and justice that was promised to them. That is really obvious to every one of us who is aware of the situation. There was a crystal clear need to introduce the legislation required to establish a redress board and commissioner to advocate on behalf of victims and survivors. As my constituent said to me:

“It has not been easy and it has retraumatised many victims”—

including himself—

“some of whom have been extraordinarily brave in sharing their story in the media with the public to try and convince those in power to act.”

What we are seeking today is simple. I thank the Secretary of State for what he has done so far, and his team as well. We may have been a bit harsh with him in some of the things we have said today, but he should not take it personally. He has done exceptional work. However, we now need to see the delivery of what he has stated, and then everyone on these Benches, and indeed across the whole House, will rise up and say, “Well done.” In the midst of all the Brexit chaos, we must do right by these people. In the absence of local institutions, the head of the civil service in Northern Ireland has presided over talks on this issue that have seen consensus reached on the contents of the legislation, which has the support of victims and survivors. This is not a political issue. I speak, and we all speak, on behalf of every victim, whether their vote is cast for my party—the DUP—or not, because the people who come to see us are from all political persuasions and all religious persuasions. Today in the press the Churches were united on what they will want to see and on the legislative change on the 21st that they are worried about.

We should know right from wrong. This is our opportunity to set right what has been wrong, and to do so with no further delay—30 of those who came forward to tell their story at the inquiry have died since the Assembly collapsed in 2017. Now is the time to act. I urge every right-minded person to support these victims and to use this opportunity simply to do right by them. The least that we can do is do right for the victims, and the onus is on the Government to do just that.

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.