Abortion (Northern Ireland) Regulations 2021

Debate between Miriam Cates and Karin Smyth

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.

--- 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—