Abortion (Northern Ireland) Regulations 2021

Debate between Karin Smyth and Robin Walker

Monday 26th April 2021 General Committees

[Mr Walker]

Thank you, Mr Hosie, for your patient chairmanship of the Committee.

We have heard a wide range of strongly held personal views and varied contributions on all aspects of the regulations from Members representing all parties. I thank the hon. Member for Pontypridd, who speaks for the Opposition, for her constructive approach to the debate and our previous engagement on the issue. I particularly commend the speeches of my right hon. Friend the Member for Basingstoke; the right hon. Member for Kingston upon Hull North, who has spoken passionately on the issue for a long time; my hon. Friend the Member for Bexhill and Battle; and the hon. Member for Bristol South, who used to face me across the Committee.

My closing remarks will address several of the points made during the debate. I recognise the strength of the speeches of the hon. Member for Upper Bann, my hon. Friend the Member for Penistone and Stockbridge, and my right hon. Friend the Member for South Holland and The Deepings, who is never knowingly understated, but who, as ever, spoke powerfully.

While some people might wish to use the opportunity to reopen the discussion on the framework established by the 2020 regulations, as my right hon. Friend the Member for South Holland and The Deepings did for a large part of his speech, that time has passed and we are focused on ensuring that the legal right of women and girls to access full abortion services in Northern Ireland is implemented. Let me be absolutely clear that we are not proposing to repeal section 9 of the EF Act. Although we have heard in the debate from some who would like to do that, they are in a small minority in the House and in the Conservative party. As my hon. Friend the Member for Bexhill and Battle pointed out, there was a five to one majority in favour of the Act, as amended. It remains our preference that, this now being the law of the United Kingdom, the Department of Health should drive forward the commissioning of abortion services, with the support of the Executive, and we will continue to work to see whether progress can be made on the ground in Northern Ireland before the Secretary of State has to consider issuing a direction.

We all recognise that abortion is a hugely emotive subject, but we must not lose sight of the women and girls in Northern Ireland who are at the heart of the matter. It is unacceptable that there are women and girls in any part of the United Kingdom who cannot access these fundamental rights. That is a decision that was taken by the House of Commons in enacting the previous regulations and the EF Act. Even though the law was changed 12 months ago, services have still not been commissioned in full, leaving many women and girls in vulnerable situations.

My right hon. Friend the Member for Basingstoke made clear the concerns of health professionals at the lack of commissioning. I thank the Northern Ireland abortion and contraception taskforce for its report. The CEDAW report and its recommendations require that evidence-based protocols are adopted in the provision of services in Northern Ireland. The Royal College of Obstetricians and Gynaecologists has also published guidance to help medical professionals. I strongly urge the Department of Health to engage with both groups on the practical issues outlined in their reports.

I have spoken personally to many women and healthcare professionals in Northern Ireland, and some of their experiences are truly harrowing. Many women and girls still have to travel to other parts of the United Kingdom to access the care that should be available to them. One story of which I was informed was of a wanted pregnancy where, sadly, doctors told the mother that the baby would not survive outside the womb. The woman had to travel to London without a network of family support in order to access abortion care. She described to me a harrowing ordeal—unable to travel back on a flight home because of complications with bleeding, stranded in London, alone, grieving and in pain. I have also been made aware that two women have attempted suicide in the past year after their flights were cancelled and they were unable to travel to England.

The distress and the circumstances that women and girls continue to face when local access should be readily available, given that the law changed over a year ago, are unacceptable. It is only right that women and girls in Northern Ireland can make individual, informed decisions with proper patient care and provision of information, and with support from medical professionals, based on their own health and other circumstances—similar to women and girls living elsewhere in the UK.

The right hon. Member for Kingston upon Hull North made an important point about funding for voluntary services. I have made it clear that we would expect to see that in place before the summer recess so that we can avoid the use of a direction. We want the Executive to move forward on it.

We have heard understandable concerns about respecting the importance of the devolved institutions. I have been clear repeatedly about our desire to work with the Executive, the Department of Health and the Assembly to ensure that the regulations are implemented effectively in a way that works for Northern Ireland, but, after more than a year, it has become clear that without further steps being taken, that would not happen. Even at this stage, we do not wish to have to use the power of direction and we will pause, following the conclusion of the Committee, to give the Department of Health another opportunity to implement the regulations. If we see real evidence of commissioning of a CEDAW-compliant regime, and support for the provision of advice and guidance ahead of the summer, there is no reason a direction should be required. If we do not, we will have no choice other than to meet our legal obligations.

We have already given the Executive and the Department of Health a year to move forward with commissioning services, following the abortion regulations coming into effect last March, and we are disappointed that no progress has been made. We continue to give the Executive, the Minister of Health and his Department further time to move forward on their own terms. Should the Committee approve the regulations on the power of direction, we will pause and give them one final opportunity to make progress on commissioning services. However, we will not let progress be drawn out indefinitely.

We want to see concrete progress towards the commissioning of abortion services before the summer recess. If that is not achieved, we will not hesitate to issue a direction immediately so that the rights of women and girls are properly upheld, and they can have safe and lawful access to abortion services in Northern Ireland.

I have been asked to estimate the number of people who have had to travel. I note that over 1,100 women and girls have been able to access local services since April last year. That should not be overlooked when services have not been formally commissioned. We have seen a significant reduction in the number of women and girls having to travel over the past nine to 12 months, and we appreciate that, while covid has played a part in that, the change to the law in Northern Ireland and local access have also been key.

We expect that the Department of Health and Social Care will publish the figures for people who have had to travel as standard practice over the coming months. Tempting though it is, I do not wish to estimate—I want the figures. We know that the number is significantly lower than before, but any number at this stage is too many.

[Karin Smyth]

I appreciate the difficulty, but that is really disappointing. Coming out of the pandemic, flights are beginning to be scheduled, but they are getting more expensive, and it will be more difficult for women to travel as families try to reunite across these islands and society begins to reopen. It will be another four to five months—between now and some point in the summer, if something happens—with really difficult travelling circumstances and more women in distress. Is that date as much as we can get from the Minister today?

[Mr Walker]

I recognise the strength of the hon. Lady’s feelings and the fact that she is pushing for the most rapid delivery. It is our preference that the Executive and the Minister of Health move forward with this at once, and that they act on what is already in place so that the requirement to travel can be removed as soon as possible. We want to give the Executive every opportunity to do this themselves without being directed, so there will be a pause.

My right hon. Friend the Member for Basingstoke made an important point about education. She is right that the CEDAW report’s requirements, the regulations and the EF Act require us to go beyond the area of health. Sexual and reproductive health education is an important component in ensuring that women and girls are well informed of the choices available to them. One of the recommendations in the CEDAW report, which we must ensure is implemented, is to make age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights a compulsory component of the curriculum for adolescents, covering the prevention of early pregnancy and access to abortion, and to monitor its implementation.

The implementation of that recommendation falls into an area for which Northern Ireland’s Department of Education has responsibility. We have written to the Minister and continue to work with the Department to ensure appropriate implementation in Northern Ireland, but I would point out that the Northern Ireland Human Rights Commission, as part of its work for this year and in accordance with that recommendation, will publish a report on the provision of education services in Northern Ireland.

The right hon. Member for Kingston upon Hull North asked about telemedicine. As she will recognise, the temporary approval made in England under the abortion legislation Act cannot be extended to Northern Ireland, but the power was placed in legislation to enable the Northern Ireland Minister of Health to consider other appropriate settings. In this jurisdiction, during the covid situation, that power has been used under UK legislation. I have certainly urged the Minister to consider that, but it needs to be looked at as part of the wider package of the Executive and the Department of Health accepting their responsibilities for this and using the powers available to them.

My right hon. Friend the Member for South Holland and The Deepings mentioned the Constitution Committee. I recognise that, to some extent, we are in unprecedented territory, but I agree with the Committee’s conclusion that the UK Government and the Northern Ireland Executive should engage in a constructive manner. The Secretary of State is under a clear legal duty under section 9 of the EF Act to ensure that all the CEDAW recommendations are implemented in Northern Ireland—a duty that was placed on him by the House of Commons. However, we have been repeatedly clear about our desire to work with the Executive, the Department of Health and the Assembly to ensure that the regulations are implemented effectively in a way that works for Northern Ireland. It remains our preference for them to deliver on that and to move forward with the full commissioning of services in line with the regulations. That is why we are giving them every opportunity to act on the matter.

I conclude by saying that I have no desire to be here today. Like the hon. Member for Bristol South, I cannot believe that we are here again. The House set out the law and delivered a single compliant set of regulations for Northern Ireland over a year ago. At every stage, we have sought to get those regulations delivered through the proper devolved channels, and the power that the regulations will grant provides a mechanism to unblock the political obstacles that have been placed in the way of their delivery. I therefore commend the regulations to the Committee.

Question put,

Oral Answers to Questions

Debate between Karin Smyth and Robin Walker

Wednesday 20th January 2021 Commons Chamber

[Mr Walker]

I can confirm to the hon. Lady that we continue to engage with the Minister of Health and his Department on commissioning full services, and have been since the regulations came into effect. We remain of the view that this is the most appropriate way to progress the matter. I am pleased that the Northern Health and Social Care Trust was able to resume services early this year, and I am hopeful that the South Eastern Health and Social Care Trust will soon be able to do so as well. The Government continue to fund access to services in England, particularly where local access may not be available; even in the current circumstances, some women and girls have availed themselves of those services. We continue to monitor the situation closely and will consider further legislative action at Westminster at the appropriate time, should it be required.

[Karin Smyth (Bristol South) (Lab) [V]]

Members across this House, and indeed the country, will be shocked that women are still not able to fully access these services, and that the services are still not being commissioned. It is unconscionable that women are travelling, against Government advice, during a pandemic because of a lack of service. I hear what the Minister says. I welcome his work on this issue, but as my hon. Friend the Member for Walthamstow (Stella Creasy) said, we seem to be back here again. Every day is a tragedy for women in Northern Ireland who have to travel. Will the Minister expand on his comments? What will he consider doing and, crucially, how soon will he act?

[Mr Walker]

I recognise the strength of feeling behind what the hon. Lady says. It is the right of women and girls in Northern Ireland to access healthcare, including high-quality abortion care, in the full range of circumstances set out in regulations. I believe, as I think she does, that those rights should be the same across the United Kingdom. We continue to engage with the Minister of Health and the Executive on this, and we believe that this is best progressed by the Executive. However, I reiterate that we will closely monitor the situation, and we will absolutely consider whether further legislation is required by this House.

Oral Answers to Questions

Debate between Karin Smyth and Robin Walker

Wednesday 2nd December 2020 Commons Chamber

[Mr Walker]

The short answer to the hon. Gentleman’s question is yes.

[Karin Smyth (Bristol South) (Lab)]

Last March, I was pleased to host the Integrated Education Fund here in Westminster. We had a very positive cross-party discussion with the fund about how we all support our shared desire to ensure that every child in Northern Ireland gets a good education in a good school. Despite the pandemic, good progress is being made on the ground with the parties to support children. Will the Secretary of State and the Minister commit to doing all they can to support them in delivering this long overdue legacy work?

[Mr Walker]

I agree with the hon. Lady about the importance of this issue. As she knows, under the “New Decade, New Approach” agreement, the Executive agreed to establish a programme for government, including an

“Enhanced strategic focus and supporting actions on educating our children and young people together in the classroom, in order to build a shared and integrated society.”

I have met some of the Northern Irish parties to discuss progress on delivering shared and integrated education, and I share their ambition to speed up delivery. I believe that the establishment of an independent fiscal council would help to accelerate that delivery.

Oral Answers to Questions

Debate between Karin Smyth and Robin Walker

Wednesday 4th November 2020 Commons Chamber

[Mr Walker]

Absolutely. I recognise that the Chair of the Select Committee is doing an important inquiry into these issues. I have written to him with some initial written evidence, and I look forward to giving more detailed evidence in due course. The protocol does preserve the huge gains of the peace process and the Good Friday agreement by removing the major security risks associated with any requirement for checks at the land border and by providing a practical solution to avoid such processes on the island of Ireland. All the way through the implementation of the protocol, we have remained very aware of other potential security implications, including in the event of a non-negotiated outcome with the EU. We have well-developed and well-rehearsed plans in place, and we believe that the excellent working relationship between the Police Service of Northern Ireland and An Garda Síochána will continue, but I absolutely recognise the importance of the issues that he raises.

[Karin Smyth (Bristol South) (Lab)]

The Minister, Lord Agnew, said that there had been a “head-in-the-sand” approach by traders to the Brexit changes to come, but less than 60 days until the protocol comes into force, the IT system to underpin custom declarations is not fully operational, the border operating model has not been published and the port infrastructure needed is now rated undeliverable by the Department in charge. This is a monumental failure of preparation, but it is not the fault of business; it is the fault of this Government— the only people to have their head in the sand. Will the Minister now apologise to Northern Ireland businesses for the worry, the stress and the additional burdens that they are having to bear?

[Mr Walker]

I recognise the importance of providing certainty and information to Northern Ireland businesses. We have set up the business engagement forum through which we have been engaging with businesses large and small to provide them with the detail, but, as the hon. Lady will recognise, talks are ongoing in the Joint Committee. What we need to do is ensure that we deliver the smoothest access to protect unfettered access, as we are doing through the United Kingdom Internal Market Bill, and to deliver on the protocol for those businesses to provide the certainty that they need.

Oral Answers to Questions

Debate between Karin Smyth and Robin Walker

Wednesday 30th September 2020 Commons Chamber

[Karin Smyth (Bristol South) (Lab)]

I listened very carefully to the Minister’s answer. In this pandemic, it is even more important that women do not make risky journeys. Despite the clear indication of this Parliament, women’s rights are still being denied in Northern Ireland because of the difficult local politics—which we understand. What discussions is he having about specific funding for wider abortion services, and is he considering a legal duty to provide?

[Mr Walker]

I think that we all recognise the importance of this issue. I understand that sexual and reproductive health clinics are providing some services consistent with the regulations. I am pleased that an interim solution has been reached on the ground in Northern Ireland so that the health and safety of women and girls can be protected by accessing services locally. We all want the Executive to be able to move forward with formal commissioning of further services, and we will continue to support them in doing that.

European Union (Withdrawal Agreement) Bill

Debate between Karin Smyth and Robin Walker

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

[Mr Walker]

I apologise, Sir Roger. I stand corrected.

I absolutely recognise the principle in the agreement on contentious domestic matters in Northern Ireland. We are talking about a consent mechanism that is being given to the Assembly uniquely in the case of an international agreement, because we recognise the importance of the issue. We also recognise the benefits of cross-community consent, which is why our approach would mean that a vote recurs more often if a decision is taken without that cross-community consent.

It is the responsibility of the Northern Ireland Executive and the Irish Government to develop consultation, co-operation and action within the island of Ireland—including through implementation on an all-island and cross-border basis—on matters of mutual interest within the competence of the Administrations north and south and not the responsibility of the UK Government. That is why clause 24 ensures that the UK cannot agree to the making of a recommendation by the Joint Committee, which would alter the arrangements for north-south co-operation. As the protocol ensures these aims and the Bill give effect to those commitments, I urge the hon. Members for Belfast South (Claire Hanna), for Foyle (Colum Eastwood) and for North Down to withdraw amendment 36 as it is not necessary to achieve the aims that it seeks.

[Karin Smyth]

rose—

[Mr Walker]

I will take the hon. Lady’s intervention, and then I will have to limit interventions.

[Karin Smyth]

I am grateful for the Minister’s comments on clause 24. I am a favoured, seasoned bureaucrat, and I do like a bit of transparency around governance and process. I am struggling to understand how the relationship works between the proposals from the Good Friday/ Belfast agreement bodies, particularly the North South Ministerial Council, to this specialised committee, which has no enforcement power but has an ability to recommend to the Joint Committee, which apparently has a supervisory power. We are not sure whether that body can then take action, or whether it just makes recommendations back to the North South Ministerial Council. We are in an ever-moving circle of recommendations, but with no action. The real concern with clause 24 is that it is in aspic in 2020. The ability to move on relationships seems to be lost, and the ability to do that with democratic accountability back to the people across Ireland and the United Kingdom is lost, and that is a serious governance point that the Government need to address.