Offences Against the Person Act 1861

Maria Miller Excerpts

Tuesday 5th June 2018 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

I apologise to the House for the fact that I have to leave this debate early, but I could not resist the impassioned call of the hon. Member for Walthamstow (Stella Creasy) for a debate yesterday and the opportunity to take part in it today.

The issue deserves a debate. We should never be afraid to say what we think in this place, particularly on issues of conscience. We need a change. In 2016, 724 women from Northern Ireland travelled from there to England for abortion care. I think that it is wrong that women in Northern Ireland do not have the same access to abortion as my constituents do. I would like to thank Annette Service, the manager at the British Pregnancy Advisory Service in Basingstoke, for writing to me with her impassioned plea for change in this area.

I believe that the situation should not exist. The fact that the same rights are not available in one of the four parts of the UK—not even when it comes to fatal foetal abnormalities, rape or incest—is difficult to understand. Why, oh why was it decided in 2003 to devolve this sensitive matter, which relates to international obligations, mentioned by the hon. Member for Walthamstow, such as the convention on the elimination of all forms of discrimination against women and the Istanbul convention? It is difficult to understand, even from the Hansard report, the rationale behind why that was done in this way. In many ways, it feels as though the rights of Northern Irish women were traded as part of the devolution settlement.

People in Northern Ireland want change. The Northern Ireland Assembly has acknowledged that and the Department of Justice report, issued in 2015, stated clearly that there was a pressing need to change the criminal law to provide terminations in clearly defined circumstances. The general public want change. The latest Amnesty International poll suggests that 68% of Northern Irish people feel that people should not be punished if they have an abortion. Professional bodies want change, including the Royal College of Midwives and the Royal College of Obstetricians and Gynaecologists.

[Michael Fabricant]

Does my right hon. Friend think the time has come for a referendum on this subject in Northern Ireland, just as there has been in the Irish Republic?

[Mrs Miller]

My hon. Friend has brought up an important issue, to which I will come in a moment. There may be a way for people in Northern Ireland to express their views at a time when they do not have a functioning Northern Ireland Assembly.

I was talking about people who are calling for change—whether at the Northern Ireland Assembly, at the Department of Justice, among the general public or in professional bodies, or, as the hon. Member for Walthamstow mentioned, in the courts, which are also considering the need for change; a case before the Supreme Court will be decided shortly.

[Ms Angela Eagle (Wallasey) (Lab)]

The right hon. Lady is making a powerful case for change. What does she now believe to be the best course for her Government to take to facilitate a decision in this area?

[Mrs Miller]

I thank the hon. Lady for her intervention. I will come to that issue in the short time that I have left.

I commend the hon. Member for Walthamstow for bringing this issue before us today, but the House must understand—and she made this clearer today than during her intervention yesterday—that repealing sections 58 and 59 of the Offences Against the Person Act 1861 would have profound impacts for the whole United Kingdom. I am not saying that those changes could not be strongly argued for, but I believe that today’s debate is about the situation facing women in Northern Ireland. We need to make sure that we are focusing on that in particular, because although decriminalisation is an option—the hon. Lady is right—it is not the only option for improving the situation for women in Northern Ireland. I want to draw on three particular issues.

First, is there a disconnect between public opinion and the policies being pursued in Northern Ireland? What progress has been made on the ground and what action, if any, can the Government take to make sure that, if progress is lacking, things can be done to rectify that? When I read the research—I also read the consultation, which was extensive and thorough—I thought that a strong argument could be made for a call for change to be inherent in the community in Northern Ireland. I do not represent that community; as I look at Northern Ireland Members, I hope that in their contributions they will explain why there is an apparent difference between the public opinion being offered to us and the approach being taken to date by the devolved Administration. I deliberately tread carefully and respectfully on this matter. I truly believe that we should not start any changes here that would make people feel disfranchised as part of this process.

Secondly, we have to recognise that a great deal of progress has already been made; there has not been much detail about that so far in this debate. There was the consultation in 2014 and the report in 2015 mentioned

“a pressing need”

for

“change to the criminal law…to provide for lawful termination of pregnancy…in…clearly defined circumstances”.

That has already been called for. In 2016, legislation was introduced by the then Minister for Justice to bring about some of those changes. In 2018, just last month, a report from a working group on fatal foetal abnormalities again recommended that change should come in.

Change is called for. What can we do today to try to make sure that the absence of an Executive and an Assembly does not stand in the way? There are clearly opportunities with the case that is going through the Supreme Court, and I hope that the Minister is able to share with us more about the Government’s feelings on that. Perhaps the Minister can also talk about the action that can be taken in the absence of an Executive, to continue the deliberations and the important detailed work needed in this place.

[Joanna Cherry (Edinburgh South West) (SNP)]

Will the right hon. Lady give way?

[Mrs Miller]

I will not, if the hon. and learned Lady will forgive me.

I simply do not believe that no action will be taken when the Northern Ireland Assembly is formed again, but if none is, what can the Government do to ensure that there are no potential breaches of international conventions such as the ones I have already talked about?

This place legislated to devolve powers on abortion to Northern Ireland. We cannot ride roughshod over that, and we have a responsibility to uphold the law. Equally, the lack of a functioning Assembly hampers progress. Westminster has a right to disagree with the Assembly and the actions that it has taken, and this debate should be a vigorous exploration of all those arguments. But we have clear international responsibilities to outlaw discrimination against women. We need to make sure that we, as Westminster parliamentarians, are doing for that for women in the four corners of the United Kingdom.