Abortion (Northern Ireland) Regulations 2021

Miriam Cates Excerpts

Monday 26th April 2021 General Committees

[Miriam Cates (Penistone and Stocksbridge) (Con)]

The regulations, if passed, will compel Northern Ireland Health Ministers to commission abortion services in line with the legal framework outlined in the 2020 regulations. Abortion is a devolved issue, and the only legal or moral basis for the 2019 intervention by the UK Government was that there was no sitting Northern Ireland Assembly at that time. As we are all aware, that is no longer the case, and the Assembly has shown itself to be perfectly competent in developing its own legislation. I believe therefore that there is no longer any justification for the UK Government to impose the regulations.

Pressing ahead, as we are doing today, is a breach of the Belfast agreement and weakens the trust and respect upon which devolution is founded. Not only does the legislation threaten the devolution agreement, but the nature of the regulations shows disregard for the democratic will of the Northern Irish people. Every MP representing Northern Ireland who took their seat in Westminster voted against the 2020 regulations, and the Northern Ireland Assembly opposes the regulations. When the people of Northern Ireland were consulted on the regulations last year, 80% rejected them. I, as an English Conservative MP, have a free vote on this legislation; the people of Northern Ireland and their representatives have no vote at all.

Not so very long ago, members of the Government campaigned passionately to take back control. The British people have rejected the rule of a remote Brussels, preferring to make our own laws according to our own British values and customs. In 2005, the European Court of Human Rights ruled that the UK’s blanket ban on prisoner voting contravened international law and must be rectified. Parliament refused, upholding our UK belief—enshrined in statute since 1870—that those who do not abide by the law of the land do not have the right to vote. Parliament never conceded, and 15 years later, we left the EU with our sovereignty intact.

Prisoner voting is not as emotive an issue as abortion, but it is a conscience issue all the same. How can the UK Government, with integrity and without hypocrisy, impose legislation against the democratic will and values of communities in Northern Ireland when they have spent so long resisting similar attacks on our own sovereignty by the EU?

[Karin Smyth (Bristol South) (Lab)]

I am slightly confused by what the hon. Member is saying. The Minister in Northern Ireland has said that the law is the law, and that he has put forward to the Northern Ireland Executive provisions to enact the law, but they have refused, so I am not entirely sure what she means when she says that they have been doing so. They have absolutely not done so, which is why we are here.

[Miriam Cates]

I thank the hon. Lady for her intervention. I understand that the regulations are law as things stand, but I will urge the Government later in my contribution to repeal section 9, which I believe is the right and moral thing to do.

It would be one thing for this legislation to bring Northern Ireland’s abortion framework in line with that for Great Britain, but the measures go beyond Great Britain equivalents. They mandate an abortion regime that is quite unrestricted and, I believe, unsafe. Unlike in England and Wales, there will be no requirement for two doctors to certify, and abortion will be routinely available at GP’s surgeries rather than only in restricted places. Although I appreciate the Government’s requirement for safeguards, the regulations could permit sex-selective abortion by default, as they allow abortion for any reason until 12 weeks’ gestation.

[Sir John Hayes]

What my hon. Friend is saying is, frankly, shocking. She is saying that, far from the claim that we are bringing Northern Ireland into line with the rest of the United Kingdom, Northern Ireland’s laws on abortion will be entirely different from those that pertain to the rest of the United Kingdom—considerably more permissive, and therefore further out of line with local opinion even than the laws that prevail in England, Wales and Scotland.

[Miriam Cates]

I thank my right hon. Friend for his intervention. I appreciate that this is a very emotive issue, as other hon. Members have said. Many of us have different opinions—I fully accept hon. Members’ opinions—but I would like to make progress on the particular point of view that I bring to this issue.

The enforcement of the regulations could not only permit sex-selective abortion, but allow abortion up to birth for babies with disabilities—even those disabilities that do not prevent people from living fulfilling lives. I am particularly concerned that, without necessary safeguards, women in abusive relationships may be coerced into abortions. The regulations and their enforcement introduce new possibilities for sex and disability discrimination, and go far beyond what is legally necessary or even safe.

[Tonia Antoniazzi (Gower) (Lab)]

Will the hon. Lady give way?

[Miriam Cates]

No, I am going to make some progress.

However, the Government overreach in this legislation goes beyond abortion regulations. Paragraphs 85 and 86 of the CEDAW report, which were put into statute by section 9 of the 2019 Act, cover matters extending to health, education and the role of women. One provision in paragraph 86 calls on the Government to:

“Adopt a strategy to combat gender-based stereotypes regarding women’s primary role as mothers”.

As a woman and a mother, I find that statement rather patronising. Is it the Government’s job to tell me how I should value my identity as a mother? Rather than celebrating and promoting the vital role of women in nurturing the next generation, this statement speaks of motherhood in negative terms, and reinforces a different stereotype—one that views motherhood as second best.

I have a degree from Cambridge University, I am a fully qualified science teacher, and I became the first Conservative MP to be elected in Sheffield in nearly 30 years, but my greatest achievement, which I value far beyond those others, is being mother to my three children. There are hundreds of Conservative MPs and tens of thousands of science teachers, but my children have only one mum and no one can replace me. Their lives, their wellbeing and their future depend in large part on how well I do my job as a mother.

[Tonia Antoniazzi]

As the hon. Lady correctly stated, this is a very emotive subject. I was a member of the Women and Equalities Committee when the right hon. Member for Basingstoke was its Chair and we went to Northern Ireland. I have a Roman Catholic background, and I appreciate everything that the hon. Lady says, but I listened and spoke to those women who gave evidence. They had to go through the most horrific experiences. I know that she, as an educationalist, as I am myself, would have great empathy and sympathy for those women. The situation cannot remain as it is.

[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 ---

[Miriam Cates]

I absolutely agree. The law is in place, but the question is whether it is the role of the UK Parliament to enforce the commissioning on the Health Ministers. As I will argue, I believe that the right way forward, given that the Northern Ireland Assembly is sitting again, is to repeal the legislation and let abortion return to being a devolved matter.

I believe the most sensible action is to repeal section 9, which is a measure I would gladly support. As has been made clear, however, the Government do not intend to take that course of action and instead will continue to press ahead with the regulations. For obvious reasons, there is plenty of support among Members from different parties. Why are the Government choosing to follow that course? From the perspective of someone who does not support such action, I have no doubt that Ministers would be wary of a backlash if they chose to withdraw the legislation, but I am also prepared to believe that Ministers and many right hon. and hon. Members genuinely hold that this is the morally right thing to do. I want to explain why that is.

There seems to be a view that the presence or absence of an abortion regime is somehow an indicator of attitudes toward women’s equality and that, in not having such a regime in Northern Ireland, the approach that the Government are taking is justified in order to bring Northern Ireland into line with the rest of the United Kingdom. However, I strongly question the belief that any particular abortion regime, liberal or otherwise, is indicative of women’s empowerment and whether women are being discriminated against.

The UK has the second highest abortion rate in western Europe, which sadly means that hundreds of thousands of women each year feel that they have no choice but to have an abortion. I empathise with people who are in a position where they have no choice but to terminate their pregnancy and their opportunity to become a mother. In a country where contraception is free, and where there is now very little social stigma attached to having a baby regardless of whether someone is married, is in a relationship or is single, how is that something to be celebrated?

Whatever our personal views on abortion, we have to ask what the abortion figures really demonstrate. I believe that they demonstrate not the freedom of women in the UK, but the way that we have devalued family life and failed to support parents in their crucial role of raising the next generation. In a country where our tax policy makes families worse off than in many comparable countries, where child benefit is not available for third and subsequent children, and where social policies drive parents into longer and longer hours at work—[Interruption.] I am going to make progress, as I have nearly finished.

We are sending a powerful message about how we value families in Great Britain, and we need to learn from the comparisons between GB and Northern Ireland. Instead of seeking to impose an even more liberal version of what we have in GB, perhaps we should reflect on what Northern Irish communities have to teach us about valuing families.

[Dame Diana Johnson]

Will the hon. Lady give way?

[Miriam Cates]

No, I am going to make progress because I know many other Members want to speak.

In not withdrawing the legislation, Ministers are sending a signal that they believe the right of a woman to choose whether to end her pregnancy trumps all other rights and freedoms at stake here: the right of the unborn child to live, the right of disabled people not to be discriminated against, the right of Northern Irish people to have their deeply held values respected, and the right of women to be protected against coercion and potential abuse. I ask Ministers what moral criteria we have to rank those competing rights. If we see the issue only as a question of rights, we will soon tie ourselves in knots. Using rights to construct a moral framework is deeply problematic, because if we base morality on the protection of the rights of different groups and individuals, we will always reach a point of unresolvable conflict.

However, we do not have to view the debate through the lens of competing rights. We can instead view it through the lens of the social covenant that exists among us and that defines us as individuals, families, communities and nations by the relationships we share and the responsibilities we owe each other. That covenant —that shared identity—is strengthened by trust and cultural diversity. The covenant is weakened when those in power seek to impose their cultural views on those whom they rule, as we have seen so clearly over the past five years.

The regulations are unnecessary, dangerous and overreaching, and they threaten the trust and tolerance on which our Union depends. I urge the Government not to press ahead, but instead to repeal section 9 and restore agency, democracy and dignity to the people of Northern Ireland.

--- Later in debate ---

[Karin Smyth]

It is a pleasure to follow the hon. Member for Bexhill and Battle. He spoke very eloquently about the experience of so many people in that last Parliament who perhaps had not been to Northern Ireland, as I have been in the last 30 years. They suddenly saw something in the United Kingdom that was completely abhorrent to them. People had their minds changed.

I welcome the measures and commend the work by the Minister and the Secretary of State, who have also heard those stories and were shocked by what they saw—we heard that from the Secretary of State at the Dispatch Box recently. I cannot believe we are here again. The reason we are here is that every obstacle has been put in the way to prevent women in Northern Ireland from being trusted to choose the best care option for themselves, their families and their loved ones. The message to the women in Northern Ireland who relived their trauma to many of us and tried to educate people in the rest of the UK, to women who are desperately in need of a service, and to women in the future, is this: whatever the pretext, whatever the prevarication, whatever politicking is going on, you have been heard. Right is on your side and the law is the law. You are part of the United Kingdom, a country that proudly supports the reproductive rights of women and girls across the globe, and proudly recognises those rights as a basic human right. This country will support those rights at home in Northern Ireland.

I thank the healthcare professionals who continue to support women in the most difficult of circumstances. Whatever one thinks of the campaigns of politicians over the past 50 years, including those of my party, who turned a blind eye to the situation in Northern Ireland, refused to engage and used various reasons not to support those women, that situation has ended. There has been no concern for human life for the women who travelled; it was just cruel. During a pandemic, it is even more cruel and barbaric. The situation we find ourselves in is not acceptable, but given the political dynamics in Northern Ireland, it is perhaps understandable. We should try to support legislators there to find a way through, but ultimately our obligation is to women.

The Minister of Health, who has had a difficult job during the pandemic—I commend him for the work he has done—in a response to Paula Bradshaw MLA stated the position very clearly. I do not have time to read it now for the record, but it is very clear. The thing that astonished me in his statement is that he said:

“My Department does not dispute that women in Northern Ireland are legally entitled to abortion services. The legal advice that was received by my Department states that the Abortion (Northern Ireland) Regulations 2020 do not require my Department to commission the relevant services.”

There is no dispute that the law is the law; the dispute is whether the Minister should commission a service. The Northern Ireland Executive have not taken any decisions; that is what I mean by prevarication. This situation, led by people who simply do not support abortion services, could go on for a great deal of time. It has already been more than 50 years. How much longer do we think it is acceptable for Britain to receive these women, particularly in the circumstances of covid, and not somehow find a way to resolve the situation in Northern Ireland? What the Secretary of State is bringing here today is a way forward to try to resolve that impasse, which is why we have to support it.

There are many voices, although those from Northern Ireland might not be here today. Those of us who have worked on this issue for many years know of them. I was proud to be part of the British-Irish Parliamentary Assembly’s investigation into cross-jurisdictional issues under the chairmanship of Lord Dubs. It looked at issues that affect all parts of the United Kingdom family. A particular issue that we need to address is the very late, very tragic terminations for women, because the clinical expertise does not exist. Those are the sorts of issues that we need to concentrate on. We need to support clinicians to support healthcare for women.

We heard from a doctor in the Western Health and Social Care Trust, who talked about his 37-year career and the dreadful, stressful situation due to a lack of support. He is trying to keep the trust’s sexual and reproductive healthcare services running during a pandemic. The women who have had early medical abortion services are truly supportive of the work we have done so far, but clinicians are clear that commissioning is vital, and it is actually quite simple.

The hon. Member for North Down (Stephen Farry) could not travel here today, but as an MP from Northern Ireland, he says:

“It remains a major frustration and concern that some Ministers in the Executive feel they are above the law, as is evidenced by the requirement even to direct the First Minister and deputy First Minister to take action.

On behalf of the pro-choice majority in Northern Ireland, I urge committee members to support the new regulations.”

We have to avoid any more situations where women are travelling or having to relive their trauma in a court case. I find it abhorrent, as do those of us who have met some of those women. Let me address just one issue relating to motherhood. There are many women who already are mothers or are desperate to be mothers but, because of their clinical situation, are forced to carry a child who will die on delivery, and are forced to travel to Britain to do that. Often, they are forced to travel and to bring their foetal remains in boxes, and they are stopped at the border—

[Miriam Cates]

rose—

[Karin Smyth]

I will finish the point in a moment.

There was no attempt by those people who speak about the situation in Northern Ireland to help those women with the transfer of foetal remains, or indeed to support women knowingly giving birth to a baby who will die. I will now give way.

[Miriam Cates]

I do not disagree that there are women in appalling situations, such as the ones the hon. Lady has just described, and my heart goes out to them. The point I made in my speech was that the regulations reach into the state’s view of motherhood and that implicit in those CEDAW paragraphs is that motherhood is a negative issue. I have no doubt that for many women who choose abortion in the UK—in GB—each year, it is the fact that there is not the support available to become a mother that is the issue, and that is where we should focus our efforts.

[Karin Smyth]

We do not have time to debate this issue now, but it is a well-debated issue. However, of the people whom we are talking about, many of them do not choose for many reasons—that is their choice, in my view; the hon. Lady and I disagree about that—to continue a pregnancy, for whatever reason. Of course, what this process catches—it is why it is cruel and barbaric—is also those women who are desperate to have a family, but their child is going to die. They are carrying back those foetal remains in the most barbaric of circumstances. Nobody had concern for those women. In conclusion—