Northern Ireland (Executive Formation etc) Bill

Maria Miller Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Chris Heaton-Harris]

I thank the hon. Gentleman for his intervention and for his message to me on the subject earlier. I completely understand the point he makes, but I am hopeful that we can do the work that needs to be done within the timeframe that we are setting down now.

Returning to the Bill, the second main thing it does is to clarify the decisions that civil servants in Northern Ireland Departments can take in the absence of Northern Ireland Ministers, so that decisions in crucial areas such as public sector spending and the maintenance of public services can continue to be taken in the absence of an Executive.

[Dame Maria Miller (Basingstoke) (Con)]

My right hon. Friend talked about the importance of public services; many of us in this House have been talking in particular about the provision of abortion services in Northern Ireland, which the Government made a very helpful statement on last month. Can he update the House on how those services are being put in place? Many want to ensure that the legislation we passed here about two years ago will lead to an improvement in provision for women in Northern Ireland.

[Chris Heaton-Harris]

I can give a brief update. Indeed the hon. Member for Walthamstow (Stella Creasy) tabled amendments on that matter earlier, so I believe she might want to come in at this point, and then I should be able to answer.

Abortion (Northern Ireland) Regulations 2021

Maria Miller Excerpts

Monday 26th April 2021 General Committees

[Mrs Maria Miller (Basingstoke) (Con)]

I support the delegated legislation before us today, and I want to question the Government on the extent of the direction that they seek to give the Northern Ireland Executive to ensure that the law on abortion in Northern Ireland is implemented in full and in the best interests of the people of that part of the United Kingdom.

Devolution is now part and parcel of our United Kingdom. We recognise that some services can and should be delivered locally in different ways, but when it comes to the core values that bind us together, including our commitment as a country to human rights and the rule of law, we take a UK-wide approach. Decisions to sign up to conventions such as the UN CEDAW convention to eliminate discrimination against women are taken at a UK Government level for the whole of our nation. Such conventions and obligations triggered the change in the law in Northern Ireland that we are discussing today. Decisions on whether domestic policies are human rights-compliant are taken by the UK-wide Supreme Court.

These are not matters where, as a United Kingdom, we feel there should be differences. We stand together so that every citizen has the same rights and protections no matter where they live. When the UK Parliament legislated to bring Northern Ireland’s approach to sexual and reproductive health into line with the recommendations in CEDAW’s 2018 report, it was acting democratically with that in mind and following the 2018 Supreme Court judges’ majority view that the then law on abortion in Northern Ireland was incompatible with human rights law. Whether we represent constituencies in Northern Ireland or not, this becomes a matter for everybody in this Parliament—doubly so because the Northern Ireland Executive was not in existence when the UN reported and when the Supreme Court made its views clear, at a time when UK Ministers in this Government were clearly legally responsible for those elements usually handled under devolution.

To bring the situation in Northern Ireland into compliance with human rights law, changes were made on access to abortion in Northern Ireland more than a year ago. In law, abortion services should now be available as a regular healthcare service in Northern Ireland so that women and girls can safely access local services. However, we have heard from hon. Members who have already spoken, that is not the case, and those women and girls continue to be denied the same reproductive rights as women and girls in the rest of the UK. Services that should be available by law are not. Despite broader access to abortion now being legal in Northern Ireland, the Northern Ireland Department of Health has not commissioned or funded services to reflect that. That has resulted in patchy and unsustainable local provision. Early abortion services are currently run by local health trusts without funding or commissioning, which has put them at risk of temporary or permanent closure.

The Royal College of Obstetricians and Gynaecologists has said that its chief executives and medical directors in Northern Ireland are supportive, particularly of early medical abortion services. But trusts have cited a lack of funding, intense workload and uncertainty about the permanence of the services due to a lack of commissioning. Currently, there are no services beyond 10 weeks in any trust in Northern Ireland. Just this Friday, Western Trust announced that it has ceased providing all abortion care, and will refuse referrals.

We know that the impact is greatest on those who are most vulnerable, particularly those who are victims of domestic violence or who may have significant mental health problems. Nobody can fail to be moved by some of the heartbreaking stories of women being forced to carry full-term babies who medical professionals advise are not able to survive through birth.

I would very much appreciate the Minister taking the opportunity, while talking through the regulations, to answer some specific questions that are important context for us all as we move forward. The hon. Member for Pontypridd talked about having a timetable so that we can be clear on how long the Government feel it is reasonable to consider this issue, in terms of their having available to them a power to direct the Northern Ireland Executive to move forward.

Individuals who lead the provision of sexual health services in Northern Ireland have already produced a comprehensive set of proposals for the roll-out of sexual health services in Northern Ireland. The report by Northern Ireland Abortion and Contraception Taskgroup includes widespread recommendations on how we move forward from here. I do not think anybody can question the professional integrity of that group, because it includes the Northern Ireland representative of the Royal College of Obstetricians and Gynaecologists, among a great array of professional people.

Does the Minister agree that there are good recommendations for the Executive in that report, as well as recommendations specifically addressing commissioning abortion services and underlining the importance of a co-ordinated and cohesive approach, including on investing in sexual health more broadly, removing barriers to contraception and updating relationship and sex education? To what extent does the Minister expect those responsible in Northern Ireland to liaise with the Royal College of Obstetricians and Gynaecologists on practical issues such as those outlined in the report?

Can the Minister confirm which organisation will oversee the roll-out of the new services in Northern Ireland? Presumably, the Regulation and Quality Improvement Authority will have a role to ensure that there is compliance with the direction that the Minister will potentially give to the Executive. If it has a role, will it produce reviews and, if so, how frequently?

On primary care, we all know as constituency MPs that GPs play a crucial role in delivering sexual health services and referrals. Does the Minister expect the Royal College of General Practitioners to play an active role in supporting the implementation of these important new regulations? On contraception, will the Minister make it clear in his direction that contraception is an inherent part of a quality sexual health service for women and that it will be an absolute necessity for it to be part of the services commissioned?

Another issue brought up by the body that I was just talking about, which has been putting together recommendations on this area, is protests outside clinics. That is another obstacle to individuals’ access to abortion services. Although I in no way want to restrict people’s right to freedom of speech, the Northern Ireland Abortion and Contraception Taskgroup’s recommendations clearly state that space outside, or in close proximity to, an abortion service or pregnancy counselling centre is not an appropriate location to oppose abortion provision. Will the Minister be taking a view on that as part of what he would expect in the roll-out of recommendations on abortion services in Northern Ireland?

I know that many hon. Members want to speak in this debate, so last, but by no means least, relationships and sex education is a crucial part of any good sexual health service in our country. To what extent will the Minister be keeping a close eye on the way in which relationships and sex education is reformed in Northern Ireland to ensure that it is entirely in line with a full sexual health service for women and girls in Northern Ireland and, indeed, the whole population?

Although issues to do with abortion are rightly matters of great debate and concern, as a United Kingdom, we believe that women and girls should have access to top-quality sexual health education and medication, including abortion services. That is underlined by our support for international conventions, which we have already discussed. As a United Kingdom, we also believe in the rule of law. No one, including the Governments of devolved nations, should be above the law. The Government are acting correctly today to ensure that the law is enforced. I want to take this opportunity to thank the organisations that have worked tirelessly on this issue on behalf of women and girls in Northern Ireland, many of which have provided very important factual briefings for this debate.

--- Later in debate ---

[Miriam Cates]

I have deep empathy for women in that situation—not only in Northern Ireland but across the world, under all different circumstances. As I said, I will come on to that point.

The fact that the legislation is not only limited to abortion regulations, but reaches far beyond that, concerns me. Motherhood is valuable, honourable and a deep responsibility—it is a privilege. If that is a gender stereotype that is being put forward in legislation as negative, I reject that, and I imagine that many mothers in Northern Ireland would also do so. Even if the Secretary of State chooses never to use these directive powers, I do not see how anyone can vote for them without sending the impression that the importance of motherhood is questionable or second best.

The regulations tear up the principles of devolution and disregard the democratic will of the people of Northern Ireland. They could enforce a potentially unsafe abortion regime and represent an overreach of the state into the role of motherhood.

[Mrs Miller]

My hon. Friend is making a powerful speech, but surely this debate is about the rule of law. As parliamentarians, we either uphold the rule of law or we do not. A law has been passed, but it has not been adhered to. Surely she agrees with the rule of law.

--- Later in debate ---

[Carla Lockhart]

Well, living in Northern Ireland and representing a large constituency there, I know that the vast majority of people in Northern Ireland want laws that choose life. They want life-affirming laws and they want laws that help life to continue. That is why, in common with the hon. Member for Penistone and Stocksbridge, I call on the Government to repeal section 9.

[Mrs Miller]

The hon. Lady is doing a very good job putting her case, but I note that she does not refer to the majority view of the UK Supreme Court, which found that it was entirely likely that the position in Northern Ireland would be out of kilter with human rights law. Surely she sees that, at that point, there was a need to act.

[Carla Lockhart]

I thank the right hon. Lady for making that point, which gives me the opportunity to say that had that ruling been binding, which it was not, and as she will be aware, it would have changed Northern Ireland’s abortion laws in only a very, very minor way around foetal abnormality. That does not weigh up against the far-reaching laws that the Government are forcing on the people of Northern Ireland, which are among the most liberal in Europe.

--- Later in debate ---

[Sir John Hayes]

That is true, and the Committee that considered this issue before this Committee said that it was unprecedented in respect not only of Northern Ireland, but of any of the devolved nations. The decision that this Committee looks set to take—I will not put it more strongly than that—in supporting the regulations is so exceptional as to be noteworthy, as I described, and the hon. Lady has amplified.

It has been acknowledged that these issues understandably give rise to strong views, but on a matter as sensitive as this what is happening is particularly reprehensible. It would be reprehensible on a constitutional basis, regardless of the issue, but on a matter that causes such grave concern in Northern Ireland it is all the more so.

Today’s regulations are the continuation of a process that has fallen far short of the standards to which we as legislators should hold ourselves. I am not for one minute suggesting that people in Scotland and Wales think as the people of Northern Ireland do concerning abortion, but the precedents flowing from the way in which we are treating Northern Ireland with respect to the sustainability of the current devolution settlement across our kingdom are obvious.

Do not tell me that this is a matter of the sovereignty of Parliament, which we have heard suggested once or twice. Parliament has been sovereign since 1707. The fact that it can do certain things does not mean that it must do all things or should even do those things that it can. Parliament is sovereign by way of our constitution. By that constitution, it constrains itself by convention, and there are few more important conventions than upholding the Union and the Acts of Parliament that underpin it.

I recommend our Attorney General’s views on judicial activism and the creeping role of the Supreme Court in making public policy. If those views are not sufficiently persuasive, I recommend the views of the former Supreme Court judge, Lord Sumption, who has been clear that democratic legitimacy relies on the judiciary knowing what its constraints should be.

[Mrs Miller]

Surely my right hon. Friend is arguing against himself. If the Committee decides not to act today in introducing laws that improve the situation in Northern Ireland the Supreme Court will have no better action to take than effectively to put law in place of a vacuum. The current situation has been judged to be in convention with human rights, so we have no choice other than to act on that particular point.

[Sir John Hayes]

My right hon. Friend is right; the Government’s best course of action is to repeal the changes that were made when there was no devolution settlement. There is the prospect of further legal challenge, which I would certainly strongly support given all the things I said earlier about the 1998 Act establishing the devolution settlement; about the fact that this has been described again today by a Committee of this Parliament as being unprecedented; and about the basis on which the Assembly was reassembled and its legal underpinning. What we are doing today is highly questionable and I recommend that the Government think again.

The Minister says that Northern Ireland has some opportunity to interpret the regulations and come forward with its own settlement that stays within the law but does not go as far as some would want. That is true. Northern Ireland can come forward with a settlement, but these regulations are effectively a gun to the head of the people of Northern Ireland, saying, “Either you do what we want by your own decision or we will decide for you.” I hesitate to say anything critical of the Minister because I regard him highly, but it is a slightly deceptive argument to suggest that the Northern Irish can sort this out when a gun is being placed against their heads.

Not for nothing are many people in Northern Ireland very proud of the “One Hundred Thousand” report, confirmed by the Advertising Standards Authority as showing that probably 100,000 people are alive in Northern Ireland today who would not be had the Province embraced the Abortion Act 1967.

Moreover, when talking about the sovereignty of Parliament we must recall that a key aspect is that no Parliament can bind its successors. Section 9 was passed in a Bill the introduction of which defined its purpose in terms of the restoration of the Executive. That was in a previous Parliament and it could have been—it would and should have been—this Government’s course of action to say, “That was then and now is now.” A different Parliament and a different set of arrangements in Northern Ireland necessitates a different approach. That would not have been unreasonable given what I said about the need to maintain the integrity of devolution.

Rather than asking Parliament to pass these regulations, the Government should recognise the current reality and instead ask our new Parliament to welcome the restoration of the Assembly and to repeal section 9, as I said in response to my right hon. Friend the Member for Basingstoke. In making that point, I would say to the advocates of abortion that that would be a debate to have across the House, but more especially in Northern Ireland. If those who want abortion to be more widely available in Northern Ireland make their case and persuade their elected representatives to share that view, living in a democratic kingdom, the majority view will prevail.

It is important to say that the regulations are of course about abortion and its availability in the Province, but they are about something much more: how much we value devolved decision making, how much we respect the different opinions that prevail in different parts of this kingdom and how much we really believe that the sovereignty of this Parliament is enhanced when we are big enough to say that people in different parts of the kingdom can come to different conclusions from the majority view here.

Do we care so little about the distinct regional identities of our Union, unless we take exactly the same approach to abortion in Northern Ireland as in the rest of the United Kingdom, that we would extinguish people’s opinions and eliminate the majority view there? Are we to honour devolution only when those to whom we give power agree with us? Will the Government be content to build their future on past mistakes? Is this an Administration who listen, or do they dictate?

To misunderstand the salience of those questions, or the significance of the answers, would be among the worst political miscalculations of any Conservative Government since the Union began in 1707. As we sit under the gaze of Joseph Chamberlain—

Northern Ireland

Maria Miller Excerpts

Tuesday 13th April 2021 Commons Chamber

[Brandon Lewis]

For my part, that is absolutely the work that we are doing with the parties, civic society and business leaders in Northern Ireland. The Prime Minister and I have been involved in that all the way through. He has had a consistent focus on ensuring that we are delivering for the people of Northern Ireland over the entire period, and not just the past few days, although obviously he has been involved in the past few days and had conversations with the Taoiseach, rather like my conversations with the Irish Foreign Minister.

The right hon. Gentleman makes a good point about the Good Friday agreement. We always need to remind ourselves that the Good Friday agreement has three strands, and we must resist the temptation that some people have to see the Good Friday agreement through simply one strand of north-south. The east-west and Northern Ireland strands are hugely important. One of the things we have to do is make sure we are delivering on the east-west part of the Good Friday agreement, so that the agreement is applied and working in all its strands.

[Mrs Maria Miller (Basingstoke) (Con) [V]]

May I add my condolences to those expressed earlier and send them to Cheryl Gillan’s family, following her sad death last week? She was seen on our Benches as the mother of our side of the Chamber. She was a generous lady. She was kind, and we will really miss her.

People will be listening to these exchanges today concerned that this unacceptable violence and disorder could mean yet more delay to the implementation of the laws that we agreed in this place over a year ago on access to abortion and abortion aftercare in Northern Ireland—healthcare that is routinely available in the rest of the UK. Can my right hon. Friend assure the House that he will not be distracted from the steps he set out a few weeks ago, and that there will be no more delay in giving women and girls in Northern Ireland the same rights as women and girls throughout the rest of the UK when it comes to access to abortion and abortion aftercare?

[Brandon Lewis]

Yes, I can give that assurance. I would go a little bit further: even in the conversations I was having in Belfast yesterday with community groups and political leaders, everybody was very determined to continue to deliver for the people of Northern Ireland in the widest sense through the “New Decade, New Approach” agreement. We will not be distracted from delivering on our promises and the actions we took on abortion, as we outlined just a few weeks ago. It comes back to remembering that, with what we saw last week for those few days—hopefully we do not see a recurrence of it—we all have a part to play in encouraging a calm approach to disagreements, but we must not be deterred from the wider work to deliver for Northern Ireland by the actions of criminals, thugs and hooligans.

Abortion (Northern Ireland) (No. 2) Regulations 2020

Maria Miller Excerpts

Monday 8th June 2020 General Committees

[Mrs Maria Miller (Basingstoke) (Con)]

Thank you, Sir David; It is a great pleasure to serve under your chairmanship. I was reminded that it was just over a year ago that the Women and Equalities Committee published its report on abortion in Northern Ireland after colleagues and I spent an extensive period looking at the issue. I am really grateful for the opportunity to contribute to the debate.

The Government have introduced regulations that put into place the decisions of this Parliament, which were democratically agreed very recently. The regulations also right a wrong that long predates this Parliament and devolution, and has been sidestepped by all political parties. It is absolutely clear that the Government have a legal obligation to act, not only because of the recent decision of Parliament, but because of the decisions of the courts in recent years. While abortion is a devolved matter, that is clearly a fudge, because there are clear and specific obligations that the Northern Ireland Assembly must adhere to when it passes legislation—that it cannot be contrary to the UK’s international obligations or contrary to human rights law. It is a fudge, because this law predates that devolution, and it was not tackled at the time of devolution itself. However, devolution does not remove the UK Government’s responsibilities to ensure that all the law in the United Kingdom complies with international obligations, and it does not remove the Government’s obligation to ensure that all law is compliant with human rights law as well.

The United Nations committee on the elimination of discrimination against women found “grave violations” in relation to abortion law in Northern Ireland as it stood previously, particularly regarding fatal foetal abnormality, rape and incest, and “systematic violations” in the criminalisation of abortion and the restricted access to the ability to end pregnancies for many women, because of the need to travel outside Northern Ireland to secure it.

That is something that we should all be concerned about. We undertake international obligations so that we can comply with them. Those in Northern Ireland cannot simply have special pleading to sit outside that framework. What is more, at home, the UK Supreme Court identified very clearly that there was a breach of women’s article 8 rights in the law as it stood. The highest court in the land identified that the law breached human rights, and that is not something I believe any Government should ignore.

On top of that, if the Democratic Unionist party Members argue that this is something that is being foisted upon them, I would be interested to understand why, in October last year, the High Court in Belfast itself, in the heart of that community, found that the law as it stood was incompatible with article 8 rights.

[Ian Paisley]

The right hon. Lady should know that the European convention on human rights case that was brought by the ECHR was dismissed by the Supreme Court in Northern Ireland. It was not upheld. It was dismissed.

[Mrs Miller]

And the hon. Gentleman will know that some of the problems in that case related to the standing of the Northern Ireland Human Rights Commission, which I will come on to later, if I may. I hope that in raising that point, he was not seeking to try to mislead people who are following this debate. It is important that we stick to the facts of the debate, because—[Interruption.] If I may finish my point, in our visits as a Select Committee to Northern Ireland, the one thing that was overwhelming was how confused people were about the law.

[Ian Paisley]

I do not attempt to mislead anyone. It is stated in the documents that are before us. The fact is that, whether we like it or not, no matter the reasons or the deliberations of the Supreme Court of Northern Ireland, it dismissed the ECHR case because the plaintiff had no standing. End of story. That is a fact. That is what I said.

[Mrs Miller]

Again, I thank the hon. Gentleman, and we will not fall out over this, but I will gently remind him that it has been widely accepted that the reason the case was not accepted either in Northern Ireland or in the Supreme Court just over the road was because of a technical error in the drafting of the legislation when the standing of the Northern Ireland Human Rights Commission was drawn up.

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

It may be important for the record that we recognise that there have been many human rights cases involving abortion, Northern Ireland and the ECHR, and other cases have indeed ruled that there are breaches that need to be addressed, but they recognised that this Parliament was seeking to act. If, for completeness, we are to recognise that, yes, some rulings have been dismissed on technicalities, there have been others, for example, where the court has ordered compensation to be paid to women who have suffered injustices as a result of the law, and it is therefore right that we act to address it.

[Mrs Miller]

I thank the hon. Lady for that intervention, and I think the Minister needs in his summing-up to give some assurances to hon. Members here today that there will be clarity for people in Northern Ireland and that we will not continue to have this fear culture, bringing a lack of clarity for women, doctors and medics on the ground, not knowing whether the law that has been passed here is, as we have said it is today, the law of the land. He has to make that crystal clear.

To echo what the Minister said earlier, to paint this as a liberalisation of abortion law is not consistent with my reading of what is being put forward. Introducing the 12-week limit is consistent with the Republic of Ireland, and given the cross-border issues, I am sure the Minister thought carefully when he put that provision in place. The remainder of the changes are more or less consistent with the rest of the Abortion Act 1967, as it applies in England and Wales, and consistent with the regulations surrounding the use of medical abortion pills, particularly that women now have the option to take a second pill as part of the treatment at home. It is crucial that we communicate these details to women who will be trying to navigate something that is, perhaps, being obscured to them in the way it is being reported.

I echo the tributes made by the hon. Member for Bristol South to the women who have had the courage to bring cases, to speak out to Select Committees, including the Select Committee on Women and Equalities, which I chaired at that time, and to talk about their experiences, to ensure that people knew in full about the suffering they had gone through.

[Richard Graham (Gloucester) (Con)]

Does my right hon. Friend agree that, to many of us here, it is matter of huge regret that Northern Ireland has proved unable, so far, to resolve these issues herself, in the usual democratic way, and that this Parliament is only getting involved, alas, because of the failure to do so?

[Mrs Miller]

My hon. Friend is absolutely right, but we need to grasp this issue fully and not apologise for the fact that we have taken the time to legislate. We firmly want to see the legislation that we have passed put into law and to be clarified for those who live in Northern Ireland.

As the Minister knows, passing that law is not enough. I have some of the same concerns as the shadow Minister about Parliament, here in Westminster, passing a law that will then be implemented by an Administration that was not part of the process of drawing up the law. We need to have some assurances from the Minister that while he, of course, will not have day-to-day responsibility for the implementation of the law, that he will make sure that it is implemented, because he has international and legal obligations to do so. It is important that he spells that out in when he sums up.

[Tim Loughton]

I agree with everything that my right hon. Friend has said. She was talking about uncertainty and the dilemmas that that provides for women in Northern Ireland. Would she agree that, if these regulations do not go through, the uncertainty will continue, and we will see a return of the absurd and obscene travel from Northern Ireland to try to find alternative provision in England and Great Britain, at a time when travel is not advised because of the coronavirus epidemic?

[Mrs Miller]

My hon. Friend is right. The Select Committee report, just a year ago, found that there was a postcode lottery for provision and showed that lack of access to abortion in Northern Ireland drove many women to have to seek abortions in England, without the support of family and friends. There were some traumatic stories that were completely unacceptable.

[Carla Lockhart]

The right hon. Lady makes reference to the people who have spoken out and raised their concerns about their own personal situations. Will she also take note of Heidi Crowter, the Down’s syndrome campaigner, who has spoken out loudly and clearly, and said that this Government make her feel that she should not exist?

[Mrs Miller]

I pay tribute to the hon. Lady. She has spoken extremely eloquently, not just here today but in the Chamber, on that issue. She is right that there is a massive tension when it comes to abortion and what constitutes the grounds for it. She is right to speak out about that. Many people would agree with her that Down’s syndrome is not grounds for abortion, but I am sure, like me, she has met women who have been forced to take a pregnancy to full term, in the certain knowledge that their baby will die either before or shortly after birth. That is not right and cannot be countenanced. In making sure that individuals with Down’s syndrome have a right to life, we do not have to put in the way a prohibition on abortion for those who really require it.

[Sir John Hayes]

In her advocacy of clarity and certainty, perhaps we can be clear and certain about those who were just named in the intervention by the hon. Member for Upper Bann. Can I ask a straightforward question? Will she back the Bill that will be presented to the House to prohibit the abortion of people with cleft lips and palates or clubbed feet, who are currently under the law in this country, let alone in Northern Ireland, being aborted, but could live and be successfully treated?

[Mrs Miller]

I will look carefully at the measure that my right hon. Friend is talking about because although this is a live debate, it should not fog what is a wrong and inappropriate system in Northern Ireland where women in very difficult situations have not been able to access a service which I am afraid his and my constituents would take for granted. That is not right.

Sir David, I will make progress and I am sorry to colleagues who would like to intervene—maybe I should speak a little more before accepting any further interventions. The simple truth that we found when we spoke to people on the ground in Northern Ireland of all views—it is our obligation as a Select Committee to have done that—was that there were some doctors who believed that referring women for an abortion in England was unlawful—fact; and that women were being forced to bring back the remains of their foetuses in their hand luggage because they were not able to be treated more formally for fear of being reported to the police. These are the sorts of things that we found in the Select Committee inquiry—practices that we would not accept in any other part of the United Kingdom. I gently ask DUP Members who are unhappy about this coming into play to look at the detail of those inquiry submissions to understand the reality of what was happening on the ground for too many women.

In the absence of an independent regulator of health in Northern Ireland, can the Minister confirm again—I asked him this question on the Floor of the House—who will monitor the implementation of these new regulations which have to include the expansion of training and medical facilities, because there is no independent regulator to do that? What obligations are there on the Northern Ireland Government to ensure that any future re-evaluation of this policy has to be human rights compliant and has to be compliant with the international obligations of the United Kingdom of which they are part?

The Select Committee recommendations included the very useful recommendation that the General Medical Council should run a campaign to raise awareness about how to complain about a doctor if they fall short on standards expected under the law, particularly with regard to abortion. That would help to increase public confidence and, perhaps, confidence among doctors about what is lawful and what is not lawful, because in our conversations with doctors only a year ago, it was clear there was a huge amount of confusion.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am following very carefully what the hon. Lady is saying. Does she agree that there is a role for the royal colleges as well in terms of the training and support that their members need to understand fully the new legislative background and framework that have been put into place? If any future changes to the regulations are not CEDAW compliant, what does she understand would happen? What measures could be taken to deal with that?

--- Later in debate ---

[Mrs Miller]

The hon. Lady is right to say that there is room for more than just the General Medical Council to be involved in communicating these changes. It should go broader than that. I have to say that members of the Select Committee were quite shocked at the lack of involvement of the royal colleges in the situation in Northern Ireland, despite the fact that they were very aware of what was going on. There needs to be more courage coming from the royal colleges in ensuring that their members adhere to the law.

In terms of CEDAW compliance, there are obviously regular monitoring visits from CEDAW where it can come along and look at the law, but I think the Minister would want to make sure that he would not fall short when it came to a CEDAW compliance visit. I am sure that he will be keeping a very careful eye on that, as indeed will any Ministers who follow in his footsteps.

We have heard today the very strong differences of opinion on this issue. Therefore, as a Committee we should be under no illusion about the need to communicate the changes that the regulations introduce. However, after hearing the Minister speak, I have to say that there is one thing I am a little confused about. When he sums up, could he clarify whether, under section 5 of the Criminal Law Act 1967, there is still a requirement on doctors to report all criminal offences to the police, including rape and incest, because that is an important measure that at the moment stops women seeking the help they need for fear of criminalising someone in their family?

Change is not enough unless we communicate it, particularly to the large rural population; that came through very clearly in our Select Committee hearings. So, will the UK Government support organisations to explain these changes to rural communities?

As I have just said, we have heard today about the disagreement regarding the changes that are being introduced. Can the Minister confirm to the Committee that he will seek clarity between our Attorney General and the Attorney General for Northern Ireland that what has been agreed today is lawful?

Finally, we have already touched on the issue that one of the reasons we are in this situation and that the UK Government have had to act is because a serious error was made in the law regarding the legal standing of the Northern Ireland Human Rights Commission. At the time of our report a year ago, the Government undertook to right that wrong swiftly. Can the Minister please update the Committee on when that will happen, so that the Northern Ireland Human Rights Commission has the standing that it thought it had in the first place?

Many people will be listening to this debate today who took their courage in their hands and spoke out about this issue. We are making these changes for them and for women who come after them. I fully support the Minister in all that he has done and I commend him for the way that he has handled a very difficult and sensitive matter.

[Several hon. Members rose—]

Abortion Regulations: Northern Ireland

Maria Miller Excerpts

Thursday 4th June 2020 Commons Chamber

[Mr Walker]

Again, I respect the hon. Gentleman’s view, but the Government have been clear about what we are legally required to do under the EF Act. That has not changed. We have to bring in a set of regulations that comply with CEDAW, which specified that in cases of severe foetal impairment there would have to be the ability to have terminations. As the hon. Gentleman will recognise, many of those cases become apparent only late in term. It was therefore necessary to address that CEDAW requirement in the way that we have. However, I encourage the Assembly to engage with this issue and ensure that it can in future assess details of the framework and look at aspects of the issue to meet the rights obligations constructively. Any consensus that can be built in the Assembly on those matters would be extremely welcome

[Mrs Maria Miller (Basingstoke) (Con)]

I again welcome the Government’s work to ensure that, after many decades, women in Northern Ireland have proper access to abortion, as women in the rest of the UK do. I particularly thank the Minister for the way in which he is handling the matter. I think the whole House greatly appreciates that. The Government are quite properly protecting those women’s human rights and rights under international conventions. I thank the women who have had the courage to speak out about their experiences, which has shed so much light on these issues.

Last year, the Women and Equalities Committee identified a lack of medical facilities and clinical expertise on abortion in Northern Ireland because of the climate of fear on the matter in the Province. How will the Minister ensure that, in the absence in Northern Ireland of a separate, independent regulatory body overseeing the provision of health services, the regulations are put into practice? Will the Department of Health in Northern Ireland have a clear legal duty to ensure that facilities are in place? How will my hon. Friend ensure that they are in place in rural areas as well as towns, and that he gets independent advice on whether our international obligations are being acted upon?

[Mr Walker]

My right hon. Friend, who played a significant role as Chair of the Women and Equalities Committee in the genesis of all this, makes important points. She will recognise that many aspects of implementation are in the hands of the Northern Ireland Department of Health, but she raises some extremely important matters, all of which we discussed during the consultation with some of the key medical professional bodies with which we engaged. She mentioned facilities and training. Those are important aspects of what will need to be delivered, but those responsibilities now fall on the Northern Ireland Department of Health. I assure my right hon. Friend that we will provide them with the support that they need. I know that my colleagues in the Department for Health and Social Care are also keen to lean in and provide any support on that front. We want this to move forward quickly. We recognise that the focus on covid-19 has presented specific challenges in the short term, but we want to ensure that the full range of services is available as soon as possible so that we can meet the challenge of providing human rights-compliant services to women and girls in Northern Ireland.

Northern Ireland (Executive Formation etc) Act 2019 Section 3(2)

Maria Miller Excerpts

Monday 9th September 2019 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

My right hon. Friend the Secretary of State for Northern Ireland is absolutely right that the best way to deal with the vast majority of the issues in these reports is through a re-established Northern Ireland Executive and Assembly. He is also right that many of the provisions were not penned by this Government, so it is difficult to respond to them all in the way that the Members who tabled them might want. However, there is a particular urgency around dealing with the issues regarding access to abortion. I gently remind the Secretary of State of the report published by my Women and Equalities Committee in April, which made wide-ranging recommendations after having spoken to many people on the ground in Northern Ireland, many political parties and many organisations. Opposition Members are absolutely right to say that there is a huge cross-section of views on the issue in Northern Ireland, which is why it would be better for them to be dealt with locally.

I will make two short points. First, the chief medical officer for Northern Ireland told my Committee directly and in public that doctors are not currently able to fulfil their duty of care to patients in Northern Ireland in cases of fatal foetal abnormality. Not all abortions are connected with fatal foetal abnormality, but we are expecting women in some situations to continue pregnancies when they know that their babies are going to die. I would not want that for any member of my family, for any of my constituents, or for any other resident in the United Kingdom, so that has to change. It cannot be acceptable to the UK Government that a chief medical officer is saying that doctors are unable to fulfil their duty of care. The law has to change, even if just for this particular issue, and, in line with the amendment from the hon. Member for Walthamstow (Stella Creasy) at previous stages of this Bill, a broader amendment would be preferable.

Secondly, this is not just about the legal framework. Abortion has been readily available in Northern Ireland for just a handful of people in recent years, so there has been a significant loss of professional expertise and services on the ground. If the law is to be changed in March next year, as is currently outlined in statute, significant work must be done at all levels of the health service in Northern Ireland to ensure that it can deliver on what will be a coherent law at that stage. I know my right hon. Friend the Secretary of State would not allow anything else to happen.

Finally, how will the Secretary of State ensure scrutiny of those who will be developing the services necessary to implement the law as it will stand in March of next year or as it will stand when a Northern Ireland Executive come into place? Of course, if an Executive are in place, the Assembly can scrutinise matters, but if one is not, will my right hon. Friend please think carefully about how to ensure that things work properly? Perhaps the Northern Ireland Affairs Committee here in Westminster could do that scrutiny, or perhaps he could set up a panel of interested parties, but that is not something that he can leave hanging.

Northern Ireland (Executive Formation) Bill

Maria Miller Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Conor McGinn]

I thank the hon. Gentleman for his comments. I have always been clear that I am an MP from Northern Ireland, not for Northern Ireland. It is his job and the job of his colleagues and other MPs to lead on issues that are affecting their constituents. I do not claim a mandate from Northern Ireland but, as I said in last night’s debate, I hope people will accept that it is the place that I will always call home. Family and friends still live there. I try to visit when I can and I care deeply about the place.

On the hon. Gentleman’s point about Westminster engaging in other issues that have been raised over the course of the debate on the Bill, I acknowledge that there is a deep frustration among people in Northern Ireland on a whole range of issues that progress is not being made. I think we are fast approaching the time when they will want politicians somewhere to do something. If that has to be this place, then, reluctantly, I would agree with him that after this current extension we have to think seriously about making some progress on all the matters that have been discussed. It would have to be, in my view, strongly based on a three-stranded approach, north-south co-operation with the Irish Government, and co-operation between the two Governments through the British-Irish Intergovernmental Conference.

I have focused a lot on process in last night’s debate and in my speech today, because I want to provide reassurance about the devolved settlement. When I made my speech to move my private Member’s Bill in February 2018, I quoted some of the wit and wisdom of people in south Armagh and Northern Ireland, and some of the Ulsterisms that were used. I have to say that it is not funny anymore. This is really serious and it needs to be addressed. This House has failed LGBT people in Northern Ireland before. It failed a generation of people in Northern Ireland by not decriminalising homosexuality, and condemned them to discrimination, to abuse and to living in fear many years after that stopped being the case in the rest of the UK. It failed people in Northern Ireland by not extending same-sex marriage when it became the law here, making people in Northern Ireland less valued than the rest of us. Tonight, we have the chance to do the right thing. People in Northern Ireland, and indeed across Britain and Ireland, are watching. I, for one, am not going to let them down. I hope colleagues do not let them down either.

[Mrs Maria Miller (Basingstoke) (Con)]

It is a pleasure to follow the hon. Member for St Helens North (Conor McGinn), who made a powerful argument for extending same-sex marriage across Northern Ireland. I was the Minister who did not extend same-sex marriage to Northern Ireland at the time, because of the devolution settlement, so I viscerally understand his arguments. I regret that that was not done when the legislation was put in place for England and Wales.

I spent many hours at the Dispatch Box making arguments similar to those that the hon. Gentleman made about the importance of equal marriage. The state has no right to discriminate against people on the basis of their sexuality, and we have laws that prohibit that. As marriage is a fundamental part of our society, we should encourage more people to be married, including those in same-sex relationships. He is right that we need to make this change, but today’s debate will be about whether this is the place to do so. Does this debating Chamber and body of people have the right to do that? If we had that right, we would have exercised it when the initial legislation came through. I will listen closely to the Minister’s response before I make a decision on whether to support new clause 1. My heart tells me that it is the right thing to do, but my head is yet to be convinced that this is the right place to do it.

At the heart of my comments are new clauses 10 to 12, in the name of the hon. Member for Walthamstow (Stella Creasy), and amendment 9, in the name of the hon. Member for Kingston upon Hull North (Diana Johnson). The Women and Equalities Committee did a detailed and forensic analysis of the current situation on abortion in Northern Ireland. That was because of the report by the Committee on the Elimination of Discrimination against Women, which was published last year, and our concerns about the evidence that was put before us by individuals and organisations representing a range of beliefs and positions in Northern Ireland.

I will not go through all the recommendations in that report; I will focus on the key recommendation, which the Committee almost unanimously believed to be the change that should be made. It was about mums and dads facing the appalling prospect of their unborn baby dying before it is born or shortly after, because it has been diagnosed with what is called a fatal foetal abnormality. Our Committee felt strongly that the law needed to change in this respect forthwith—quickly, immediately—because of the impact that that was having on people’s lives and wellbeing, as well as the threat to their mental and physical health.

Hon. Members will be aware that cases are before the courts and will be going before the Supreme Court for consideration. There has already been partial consideration of the issue, following which the Supreme Court said that there was a very real prospect that the law in Northern Ireland contravened human rights. As a Parliament we should be concerned that not every woman in our constituencies, wherever they might be, enjoys the same access to care and support. If the women in my constituency were facing the prospect of having to carry a baby that was going to die, I would man the barricades to change that law.

[Huw Merriman (Bexhill and Battle) (Con)]

My right hon. Friend, who chairs the Select Committee, is making an excellent speech. The judgment of the Supreme Court—the case was lost on a technicality—made it quite clear that Parliament is out of step with its UN treaty obligations. Does she agree that it is regrettable that despite that, Sarah Ewart has been forced to go through the High Court in Belfast, when we could have changed the law and avoided that outcome?

[Mrs Miller]

My hon. Friend gets to the nub of the matter. The human rights organisation in Northern Ireland did not have standing to take a case, because of a strange error in the way that the law was drafted. Presumably, that could be put right quickly—possibly through this Bill—so that individuals such as Sarah Ewart would not have to go through this process, which is heartbreaking and impossibly difficult for anyone, let alone someone who has lost a child in this way.

New clauses 10 to 12 go much further than the Select Committee’s recommendations, and they talk about implementing the CEDAW report in full. I have no problems with the CEDAW report. I think it is comprehensive and compelling, and the Government should address it in full, because we are signatories to this agreement—as a well-respected international country, we adhere to the rules and regulations that we sign up to. However, hon. Members should be careful before finalising their thoughts on whether to support new clauses 10 to 12.

The CEDAW report calls on the Government to repeal sections 58 and 59 of the Offences Against the Person Act 1861. Doing so would go much further than simply making it lawful for an individual to undertake an abortion if they have had a diagnosis of a fatal foetal abnormality, and it would have significant repercussions not only in Northern Ireland but in England. I ask hon. Members to consider whether this Bill is the most appropriate avenue to make such a fundamental change.

I do not disagree with the sentiment of the hon. Member for Walthamstow. She has consistently made a powerful argument in many similar debates, and one day we will get the opportunity to debate the matter in full. However, it does not feel right to me to make these changes through a Bill that has absolutely nothing to do with England and Wales, on a matter that is fundamental to many hon. Members who are probably not here today because they might not have realised the implications of her new clause.

[Vicky Ford (Chelmsford) (Con)]

My right hon. Friend is making an excellent speech. As a member of the Women and Equalities Committee, I, too, was involved in its detailed inquiry into this very challenging issue, and I completely agree with the cross-party recommendations in that report. I agree that the fundamental issue with new clause 10 is that it affects abortion law across the whole UK, not just in Northern Ireland. I remind her that we made a number of other recommendations in that report to assist women. Does she agree that the Government should consider all the recommendations in the Committee’s report with urgency?

[Mrs Miller]

I thank my hon. Friend for all her work on the Select Committee, of which she is a valuable and valued member. She is right that we cannot look at these things in isolation. There has to be a package of measures. Hon. Members from all parties know that if we were to repeal the law in the way that is recommended in new clauses 10 to 12, we would also have to look fundamentally at the provision of services in Northern Ireland.

The first step is to address the issue of fatal foetal abnormality. I fear dreadfully treading on the toes of my colleagues from Northern Ireland, who represent the men and women who live there. However, in the absence of a functioning Executive, it would be an absolute abrogation of my responsibility as a Member of Parliament not to raise these issues in the House today. I have had conversations with my Northern Ireland colleagues and with members of other parties who choose not to take their seats here, because I believe it is important for the voices of the people who represent those in Northern Ireland to be heard strongly in this debate, but I do not think it is easy to argue against the factual findings of the Select Committee report.

--- Later in debate ---

[Nigel Dodds]

Yes, I agree; that is entirely right. This points to where we should be taking things forward in the interim. There are certain issues that have total cross-party support in Northern Ireland and where the demand has come from the Northern Ireland parties to the Government to do something. That is entirely different from Members here seeking to impose changes that are not agreed by the parties in Northern Ireland and when other pressing concerns—mental health and suicide strategy, health, education, jobs—are not being put forward for consideration at this stage. Moreover, this is not the appropriate vehicle through which to do this.

[Mrs Miller]

As has been said, it is important for us to be taking forward things that have got agreement. The recommendations of the working group on fatal foetal abnormality, which was commissioned by two Northern Ireland Ministers in 2016, have now been published; does the right hon. Gentleman agree that they present another example of how we could, in this period where we do not have a functioning Executive, move forward even on an issue as sensitive as that?

[Nigel Dodds]

The right hon. Lady will be aware that there are court proceedings in relation to that issue that are due to be concluded in September. Certainly, I agree with the principle that issues where there is a cross-party view that is supported across the board by the parties in Northern Ireland, and where the request comes from the parties, should be looked at with favour and support and approval by the Government and, indeed, this House as a whole, but that should not be the case where there is no such consensus and agreement.

Finally, I wish to mention pensions for victims. Victims have suffered grievously in Northern Ireland over many years, and many of them are dying without seeing proper justice on the one hand and without getting some of the recompense that has been recommended that they should receive from many years back. Therefore, I am entirely sympathetic to and supportive of the idea of having a report and certainly debates in relation to this matter. We address in our amendment the UK-wide definition of a victim, because there is a problem in Northern Ireland.

People do not like the idea of an amnesty for past crimes, obviously, but they also do not support the idea that those who injure themselves in the commission of a terrorist act—for instance the Shankill bomber who went out with the purpose of murdering people and who did murder people—should be regarded as victims as a result of the injuries suffered in the same way as the people they maimed and caused terrible injuries to through their criminal acts. That is an unconscionable situation and this issue is holding up the payment of pensions to victims in Northern Ireland. That needs to be addressed. Therefore, again, I support amendments that call for that to be looked at and to be reported upon and to be taken forward.

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.