Northern Ireland (Executive Formation and Exercise of Functions) Bill

Layla Moran Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I shall speak to new clause 7, which is about equal rights in Northern Ireland. I hope that Members across the House who have already supported the new clause will recognise that it is an incredibly reasonable request to put to the Secretary of State, about an incredibly important issue for the House, and indeed for many people in Northern Ireland.

I do not intend to speak for long, because many others wish to get in. I simply want to set out three important points about this reasonable new clause—first, how it respects devolution; secondly, why it addresses issues that cannot simply be left any longer; and thirdly, how we believe it has relevancy to this House and the obligations of Members of this House as part of the Good Friday agreement.

The new clause requests the Secretary of State’s acts to be held to account because of what the Bill does—it recognises that since March 2017, we have not had an Assembly in Northern Ireland. [Interruption.] January 2017; I apologise to the Secretary of State. It has been too long for residents of Northern Ireland not to have a functioning Government, and it has an impact on their lives. The Bill recognises that resolving the dysfunctions behind that is far ahead of us at the moment, and so gives powers to the Secretary of State and to the civil servants to exercise the functions of Government. [Interruption.] It does give power to the Secretary of State because it gives her guidance powers; I believe those are quite powerful, and the new clause speaks to those powers.

For avoidance of doubt, the new clause would not create a new law in Northern Ireland, but it would recognise that there are thousands of people in Northern Ireland whose lives, right now, are affected by two key human rights issues; and they are indeed human rights issues, because they are issues on which our courts are currently discussing, ruling and indeed appealing. They refer in particular to a person’s right to marry who they love, and also to the right of women to have bodily autonomy—to make the choice, if they so wish, not to continue with an unwanted pregnancy. Both of these have been subject to court action, because we recognise that in Northern Ireland they have different rules.

Let us talk about the consequences of those rules. When it comes to abortion, we know that right now in Northern Ireland, if you are raped, and you become pregnant as a result of that attack, and you seek a termination, you could face a longer prison sentence than your attacker. We know too that gay couples in Northern Ireland, when they step off the plane, no longer have their relationship respected in the way that any of us would wish our relationship to be respected. They do not have equal marriage in 2018.

Both of these sets of circumstances come about as a direct result of legislation that was written in this place. First and foremost, sections 58 and 59 of the Offences Against the Person Act 1861, and also, because of the Matrimonial Causes (Northern Ireland) Order 1978. So there is a relevancy for us in this House, because legislation written here is having a direct impact on the human rights of people in Northern Ireland today.

[Layla Moran]

Can the hon. Lady confirm something that Northern Ireland Amnesty told me, which is that, yes, powers are theoretically devolved to Northern Ireland, but there is no piece of human rights legislation that has been passed at Stormont; and actually, all changes to human rights law in Northern Ireland have been passed in this place?

[Stella Creasy]

I know that the hon. Lady also feels strongly about this issue. If I may, however, I shall now deal with—in particular—the human rights obligations that I believe we have in this place as a direct result of the Good Friday agreement.

There is a theoretical argument about what those pieces of legislation mean, and there is the human impact of what they mean for people in Northern Ireland.

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[Stella Creasy]

With respect, I wonder whether the hon. Gentleman has read the legislation on which we are voting today, because it constitutes a recognition that there will not be an election in Northern Ireland any time soon to make that possible. So I repeat my question to him: what do the women do who need that help now, who deserve that respect and equality when it comes to control over their own bodies, and who might be in that dreadful position that involves a fatal foetal abnormality? What do they do now?

What those women do now is look to this place to be able to assist them. They look to the Secretary of State, and to the piece of legislation that she is creating, and they can look to the new clause to hear the call from this place that we will not ignore them. We will hold ourselves to account, and will hold Secretaries of State to account, for the incompatibility in human rights that the continued existence of those two pieces of legislation represents in their lives. That is what this incredibly reasonable new clause does. It does not create a new law, but it does not shy away from recognising the impact of those existing laws either. In that sense, it is entirely within the spirit of the Good Friday agreement.

Twenty years ago, our predecessors in this House, alongside their colleagues from the Irish Government, swore to uphold the human rights of the Northern Irish communities. They swore in the Good Friday agreement to make sure that there was an equivalency of rights. Every single month that passes, that promise comes into stark relief, because when we look at the Republic where same-sex marriage is legal and look at that historic referendum this year when abortion became legal in the Republic, we can see that that request not to have different rights is becoming tested.

The Good Friday agreement also required this House and UK politicians to act alongside their Irish counterparts, and that is what this new clause can do, while respecting our shared desire to see the Assembly up and running. So it is a very simple amendment, and I am sorry that it has come to this point and the Secretary of State does not feel able to accept it, and I am proud that it has cross-party support, because that respects and recognises that upholding human rights cannot be something we simply talk about doing abroad but do not recognise on our own doorstep.

I also think there has to be some honesty here. There are some Members of this House who do not believe that women anywhere should have bodily autonomy; there are some Members of this House who do not believe we should be able to marry the person we love. But I make a simple plea to those people: “Be honest with the people of Northern Ireland that your objection is that, and do not use devolution as a decoy for a denial of their human rights.”

[Layla Moran]

I say this to be helpful to others in the House. I went to Belfast recently—to Stormont—and I had not appreciated that same-sex marriage has majority support among MLAs and a huge amount of support in terms of public opinion. The reason why it did not pass is because there is a thing called the petition of concern which essentially acts as a veto, so to say that there is not support and the people of Northern Ireland should just change their politicians does not work in this case; it has to be us who take that leap for them.

[Stella Creasy]

I thank the hon. Lady for that intervention. Sadly, on both issues opinion polls show us that the politicians in Northern Ireland are behind the public consistently; indeed, they are behind their own supporters when it comes to both issues. [Interruption.] The right hon. Member for South Holland and The Deepings (Mr Hayes) is chuntering from a sedentary position; I understand that he has philosophical objections on some of the issues in this debate, but I hope he will have respect for the people of Northern Ireland and therefore agree that the case should be heard as to why the Secretary of State should be asked to protect their human rights and to be held to account for what is happening.

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[Sir Jeffrey M. Donaldson]

Because we have a working group that was set up by the Executive and that has brought forward proposals, this area of the law would have been addressed by now.

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

With respect to the hon. Member for North Down, the party that is preventing this issue from being addressed in Northern Ireland is not the Democratic Unionist party; it is Sinn Féin who are preventing the Executive from addressing the report of the working group, which has brought forward proposals in respect of mothers who are expectant with a child who may have a life-limiting condition, so let us get our facts straight.

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[Sir Jeffrey M. Donaldson]

That is why we are unable to examine the laws.

[Layla Moran]

Give way!

[Sir Jeffrey M. Donaldson]

In respect of the proposals before us, it is important that we consider carefully what we are doing. If we really are to be true to our commitment to respect the devolution principle—

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

The hon. Member for Totnes (Dr Wollaston) referred earlier to a border in the Irish sea. Let me address that for a moment.

[Sir Jeffrey M. Donaldson]

What is the point of devolution?

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

It was this House that decided that Northern Ireland should have devolved responsibility for abortion and marriage. It was this House that decided to give to the Northern Ireland Assembly and Executive the power to legislate on these areas of life. That is the reality. The hon. Member for Walthamstow talked about the decisions of this House—

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[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

Will the right hon. Gentleman give way?

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

In respect of—