Oral Answers to Questions

Owen Smith Excerpts

Wednesday 15th November 2017 Commons Chamber

[Chloe Smith]

No, I will not. The hon. Lady may think that the answer is not good enough, but it has the merit of being true.

[Owen Smith (Pontypridd) (Lab)]

Will the Minister simply confirm whether women rape victims in Northern Ireland will be at risk of potential prosecution as a result of these measures—yes or no?

[Chloe Smith]

No.

[Owen Smith]

The Minister and indeed the Prime Minister need to reflect on that answer, because I have a letter here from Barra McCrory, the Director of Public Prosecutions in Northern Ireland, who said, in answer to my question on this very issue:

“It is, however, a potential offence to withhold information regarding an act of rape. The legislation does not distinguish between a victim and third parties to whom a disclosure is made; each is potentially liable to prosecution.”

How on earth can the Government countenance making women in Northern Ireland who are subject to rape imprisonable under the law? How can she accept that?

[Chloe Smith]

The fact is that we are not doing so. As I said to the hon. Member for Glasgow Central (Alison Thewliss), there is clear guidance on the form that makes the legal position very clear, and we have sensitively handled that as an exception for precisely those reasons.

--- Later in debate ---

[The Prime Minister]

I am very happy to join my hon. Friend in welcoming that vote in Australia. I was proud, as I know he and other colleagues were, when we passed the legislation here in this House to enable same-sex marriage in the United Kingdom, and I hope that the Australian Government will indeed act on that vote very soon.

[Owen Smith (Pontypridd) (Lab)]

On a point of order, Mr Speaker.

[Mr Speaker]

Order. Just before I call the hon. Member for Pontypridd (Owen Smith), may I just have it confirmed—as has just been intimated to me—that his point of order flows specifically out of exchanges at Northern Ireland questions? Otherwise, points of order come after urgent questions and statements, and we would not want to change that good practice, would we? Does his point of order relate to, flow out of and connect with Northern Ireland questions?

[Owen Smith]

Entirely.

[Mr Speaker]

Oh—not just profoundly, but entirely! I am deeply obliged to the hon. Gentleman, as will be the House, I hope.

[Owen Smith]

Thank you for granting this point of order, Mr Speaker, which relates to an incredibly important issue that was raised in Northern Ireland questions. When I asked the Under-Secretary of State for Northern Ireland, the hon. Member for Norwich North (Chloe Smith) whether women in Northern Ireland who were appealing for exemption under the so-called rape clause that currently applies there might be liable to prosecution because of the way in which that measure intersects with the criminal law in Northern Ireland, I was astonished to hear the Minister say no. She gave a one-word answer saying clearly that such women would not be liable to prosecution, but I have a letter from the Director of Public Prosecutions in Northern Ireland that directly contradicts that. What can you do, Mr Speaker, to get Ministers back to the House to correct what I believe to have been a misleading statement?

[Mr Speaker]

Pursue. The hon. Gentleman is well familiar with the mechanisms available to Members in this House. He has effectively, through the device of a point of order, repeated a point that he made—I think probably in some consternation—to the Minister during Northern Ireland questions. If he is dissatisfied with the answer because he thinks that there is a clear conflict, and he wishes to pursue the matter, he can do so either by written questions or, if he judges the matter to be pressing, by the other device to bring the matter to the attention of the House, with which he will be well familiar—[Interruption.] The hon. Member for Glasgow Central (Alison Thewliss) is not hailing a taxi. I can see her perfectly well, and we will come to her. She need not worry. We are saving her up. If the hon. Gentleman so wishes, he can use that device.