Abortion Services Commissioning: Northern Ireland

Maria Caulfield Excerpts

Tuesday 14th December 2021 Westminster Hall

[The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)]

I am grateful to the hon. Member for Pontypridd (Alex Davies-Jones) for securing the debate. The Northern Ireland Office Ministers regret that they are unable to be here today, but I am sure they welcome the opportunity to have this debate and hear the wide-ranging views on abortion in Northern Ireland. It is an extremely emotive and sensitive subject and it is important that we have that debate in this place.

It is now more than two years since the Northern Ireland (Executive Formation etc) Act 2019 was passed, where Parliament stepped in and decided that women in Northern Ireland should have access to the same healthcare rights as women in England, Scotland and Wales. Even though the law was changed two years ago, it is true that services have not been commissioned in full.

The Northern Ireland (Executive Formation etc) Act placed a duty on the Secretary of State for Northern Ireland to ensure that abortion services which meet the recommendations are put in place and implemented. He has a legal duty to uphold that. As we have heard today, it is true that women have to access abortion in the rest of Great Britain, even though early medical abortion is available in four of the five trusts in Northern Ireland and BPAS has stepped in to provide an interim referral service for women and girls on a temporary basis.

Women and girls who require surgical abortions and post-10 week abortions still have to travel to Britain. The only way for the legal obligations to be met is through local commissioning. The Secretary of State has been clear with the Northern Ireland Department of Health and the Northern Ireland Executive about the commissioning of abortion services that are consistent with the regulations passed in 2019. Despite continuous engagement by the Secretary of State, he remains frustrated that progress is not being made.

As a result of the ongoing delay in commissioning services specifically by the Department of Health and the Northern Ireland Executive, Members will be aware that in July this year, the Secretary of State issued a direction to the Northern Ireland Department of Health, the Minister of Health, and the Health and Social Care Board to commission and make abortion services available by no later than 31 March 2022.

[Ian Paisley]

I thank the Minister for giving way because that point is absolutely vital. By the Secretary of State recommending to the Minister in Northern Ireland that he commission these services, is that not an acceptance that these services are devolved matters? Conversely, matters that are reserved, such as the protocol, can be debated here—and posed and changed here—if that is the Government’s position. If the Government’s position is that this matter is devolved, it should remain devolved.

[Maria Caulfield]

I thank the hon. Member. I was going to come on to the point he raised in his remarks, but will touch on it now, if I may. Health is a devolved matter and that is very much recognised. It was frustrating. It was a free vote, and he knows how I voted and I would do the same today. However, at the time, there was no functioning Assembly. This Parliament had to make decisions, not just on this issue, but other issues such as budgetary matters. As a member of the Northern Ireland Affairs Committee at the time, I remember making the case to MLAs that this was why it was so important to get the Assembly up and running, because decisions were made in this place that did not reflect and respect devolution. Decisions were having to be made in this place on devolved matters.

[Colum Eastwood (Foyle) (SDLP)]

I totally agree that this is a very sensitive issue and there are strongly held views on it, but it is as if we are sometimes speaking in a vacuum. Yes, there was a political vacuum in Northern Ireland when the law was made, but there was also an issue around the law, where the High Court clearly stated in the Sarah Ewart case that the Northern Ireland Executive were falling foul of the law in terms of human rights protections around fatal foetal abnormality and sexual assault.

Whatever people might think about the law that this place brought in, the Northern Ireland Executive did not bring in a law to deal with that issue. Nobody that I have heard who opposes the law here has come up with a solution to deal with the fact that Sarah Ewart and many other women were forced, when the baby was not able to be born or to survive, to carry to full term. Those people were left without any recourse by our Northern Ireland Executive, so it is all very well talking about devolution and everything else, but when responsibility lay with the Northern Ireland Executive, they did not lift the ball, did not deal with it and left women, such as Sarah Ewart, in a very invidious position.

[Maria Caulfield]

We are left with the law that was passed in 2019, so the Secretary of State is now under a legal duty to implement it. He has directed the First Minister and the Deputy First Minister to include it on the agenda for the Executive Committee. That is not taken lightly because, while I understand the points the hon. Gentleman has just made, health is a devolved matter, but the UK Government have to uphold their legal duties in terms of the decision.

The Secretary of State for Northern Ireland has taken the decision in line with his statutory duty. He recognises that it is an unprecedented step, but it was taken after allowing a year for the commissioning of services since the Northern Ireland Office provided a framework in spring 2020. The Secretary of State has clearly stated that fully commissioned services must be provided by March next year. If it becomes clear before that deadline that the Department of Health, or indeed the Northern Ireland Executive, are not making progress, he will have to take further steps to ensure that his legal duties are upheld.

I know that I am running out of time, but I will just follow up on a couple of comments. The hon. Member for Pontypridd asked about progress, and I hope that I have set out that the Secretary of State has set the deadline of March and is monitoring progress closely. On the issue of exclusion zones, my understanding is that there is a Bill before the Assembly, brought forward by an MLA, that is being debated on that very issue, and in terms of devolution, the decision will be made there.

On the importance of devolution, which was raised by my hon. Friend the Member for Congleton (Fiona Bruce) and hon. Members for North Antrim (Ian Paisley), for Strangford (Jim Shannon) and for Upper Bann (Carla Lockhart), absolutely, health is a devolved matter and these decisions are devolved for a reason. My plea to MLAs now is the same as when I was on the Back Benches in 2019 and being forced to make these decisions: however fragile the Assembly is, it is important that it keeps going so it can make these devolved decisions. Colleagues have set out clearly the importance of that, which I recognise.

The Secretary of State has said that he is committed to continuing to work closely with colleagues and stakeholders in Northern Ireland. It has always been our position that these services should be delivered locally. I am grateful to all hon. Members. I know that this is a sensitive and difficult issue to debate, but I thank everyone for debating it in such a sensitive and respectful manner. With that, I draw my remarks to a close.