Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Lord Morrow Excerpts

Tuesday 7th January 2020 Lords Chamber

[Lord Morrow (DUP)]

My Lords, it would take more than five minutes—the allotted time—to cover all the issues that need to be covered on this vast subject. I am going to focus on abortion, and the steps that the Northern Ireland Office has taken to implement Section 9 of the Northern Ireland (Executive Formation etc) Act 2019.

It is well known that I strongly opposed the introduction of Section 9. It remains my view that it was completely wrong of the 2017-19 Parliament to override the devolution settlement, in the way that it did last summer, to introduce widespread access to abortion in Northern Ireland, thereby shredding the Belfast agreement. The process through which this was allowed to happen was shambolic. I sincerely hope that we will never again see it in this or any future Parliament.

How legislation is introduced and scrutinised matters. This Act is a great example of precisely how it should not be done. We had hugely controversial amendments on abortion tacked on to a piece of emergency legislation which had nothing whatsoever to do with the subject. We had no consultation conducted on the contents of the amendments. We then had a rushed legislative process, marked by chaos and confusion, in which the abortion text inserted in the Bill in the other place was completely rewritten by your Lordships’ House. The final version of Section 9 was ultimately debated only for a paltry 17 minutes in the other place before it became law. Of course, if the Executive had reformed by 21 October, this poorly drafted and badly thought-through legislation, which bizarrely—and completely unnecessarily—contains a limbo period of over five months between the two legal regimes, would never have come to pass. However, to my deep regret, the Executive did not reform, and Section 9 is now the law governing abortion in Northern Ireland.

The Northern Ireland Office, in seeking to uphold its legal obligations, has run a consultation on a new set of regulations. I am grateful that the NIO sought to run a consultation, although, as I could point out, it was a deeply flawed one. Before I turn to that, however, I want to pose some specific questions to the Minister about the current limbo period in Northern Ireland. This situation will pertain until 31 March 2020, when the new regulatory framework comes into force. Until now, the Northern Ireland Office has dismissed questions about the current legal situation with vague generalisations.

First, can the Minister clarify for the House that it is in fact legal for women to purchase abortion pills online in Northern Ireland without restriction at the current time? I would value his comments. While it may be an offence under the Human Medicines Regulations 2012 to provide such prescription medications, it is not illegal to take them in Northern Ireland any more. Additionally, can the Minister make it clear that there is no restriction currently in place as to where these pills can be taken, unlike in Great Britain?

Secondly, it remains unclear to me which criminal statute criminalises non- consensual abortions in Northern Ireland in the absence of Section 58. I remain particularly concerned about the practice of placing noxious substances in the food or drink of pregnant women without their knowledge for the purpose of ending their pregnancy. In cases of this that have gone to court in the UK, the law that has been cited to protect women is Section 58. I raised this matter with the Minister when we debated these matters on 17 October. He responded by saying:

“I listened with some interest to the notion of noxious substances, raised by the noble Lord, Lord Morrow, and the deliberate attempt to abort a foetus by a dominant male administering the process. I note in saying that there are a number of laws in Northern Ireland that would be absolutely applicable should an individual seek to abuse the body of another person in this regard. They carry with them very significant sentences. At present, the law has not been used in this regard, but it certainly could be. There would be no question that somebody could, with some sort of lightness of touch, escape from criminal justice in this regard. I would like to make sure that nobody in Northern Ireland is of the view that there may be secret poisonings that could somehow go both unreported and unaddressed. That would be the wrong thing to take from this debate here today.”—[Official Report, 17/10/19; col. 276.]


I was very grateful to the Minister for that response. However, in saying,

“there are a number of laws in Northern Ireland that would be absolutely applicable should an individual seek to abuse the body of another person in this regard”

he did not tell us which laws he had in mind. I sincerely hope that he was not thinking of Sections 23 and 24 of the Offences Against the Person Act because, while these provisions are relevant, they do not provide women the same level of protection that they receive in England and Wales under Section 58.