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

Richard Graham Excerpts

Monday 8th June 2020 General Committees

[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.

--- Later in debate ---

[Sir John Hayes]

I wish to make some progress, and then I will happily give way again. The key thing is that the will of the people of Northern Ireland is clearly quite different from the view of the last Parliament, when the essence of the changes that the regulations make legal was considered. For any Parliament to fly in the face of the will of the people is, as I have described it, not only unconstitutional but unwise.

It is quite clear that the regulations are unwanted in Northern Ireland. The Minister referred to the consultation, to which 79% of respondents stated their opposition to the furthering of abortion provision in Northern Ireland.

[Richard Graham]

Will my right hon. Friend give way?

[Sir John Hayes]

I do not want to give way too often, because I know that others want to contribute, but I will happily give way to my hon. Friend.

[Richard Graham]

On that specific point, what percentage of the population responded to the consultation?

[Sir John Hayes]

That is a question for the Minister, not me, because he will have those figures to hand, but he was the one who made great play of the consultation, not I. He cited the consultation in his opening remarks. Indeed, he celebrated the fact that the Government had consulted widely. I was simply clarifying that in that wide consultation the overwhelming majority of people who responded were not in favour of what we are being asked to support today.

There have been other tests of opinion and other polls. The University of Liverpool released a poll showing that only 5% of Northern Irish voters wanted abortion to be provided up to 24 weeks, which is what the regulations do. The strength of feeling on the issue transcends the usual divides in Northern Ireland. According to polling, 58% of Sinn Féin voters and 54% of Democratic Unionist party voters believe that abortion should be allowed only if the mother’s life is at risk.

I could go on about polling, but I will simply make this point: it would be easy to assume that women took a different view from men, or that the young took a different view from those who have lived longer. In truth, women are less supportive of the regulations than men, and the young are less supportive than their parents and grandparents. In Northern Ireland, the regulations are certainly unwanted. That was illustrated last week, as has been said, when the Northern Ireland Assembly voted to oppose the regulations, passing a motion that states:

“That this Assembly welcomes the important intervention of disability campaigner Heidi Crowter and rejects the imposition of abortion legislation which extends to all non-fatal disabilities, including Down’s syndrome.”

The regulations are unwise. Seventy-nine of the 90 MLAs in the Northern Ireland Assembly voted against abortion on the grounds of non-fatal abnormalities. Despite that, the regulations permit abortion up to birth on the grounds that the unborn child has been diagnosed with Down’s syndrome, a cleft lip or palate, or a club foot. If we vote the regulations through, what does that say to the people in Northern Ireland about how we view their opinion? Even more importantly, what does it say to those disabled people in that part of our kingdom, indeed in the whole of our kingdom, about how we regard them? I say it would broadcast loudly and clearly that we do not regard them very highly at all.

Furthermore, the regulations go much further than the requirements set out in the Northern Ireland (Executive Formation etc) Act 2019 and further than the provisions that apply in England and Wales. Specifically, they allow for abortion on demand without certification through to 12 weeks, which will allow sex-selective abortion to be available during that period. It is the first time that no ground for abortion has been allowed up to 12 weeks. Some will say, “Well, that won’t happen. That’s alarmist. Why on earth would people abort a child on the basis of its gender?” I do not share that uncynical view, because we know there are cases where people have done so, and there are places in the world where that is common. We do not want it happening here, and anything that risks it should, frankly, send a shiver down the spine of any member of the Committee.

Indeed, the Government have curiously—I would go so far as to say remarkably—chosen to impose on Northern Ireland a more permissive regime than the one that applies in England and Wales. I do not have time, and you would not permit me, Sir David, to go through all the areas in which the regulations are more liberal than the regime that applies to the rest of the kingdom. That raises the issue of consistency, certainty and clarity—all used as arguments in favour of the regulations by my right hon. Friend the Member for Basingstoke, who has now left. How bizarre—[Interruption.] My right hon. Friend is back; her ears must have been burning. If it is clarity, certainty and consistency that we want, why on earth would we want to impose a different regime in Northern Ireland from that which prevails elsewhere?

Yet there is a substantially different regulatory approach to abortions proposed for Northern Ireland from that in England and Wales. The Northern Ireland regime will allow all GP surgeries to be approved locations to do abortions, allowing this serious procedure to take place in a dramatically increased number of locations compared with England and Wales.