Offences Against the Person Act 1861 Debate

Full Debate: Read Full Debate
Department: Northern Ireland Office
Tuesday 5th June 2018

(6 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Stella Creasy Portrait Stella Creasy (Walthamstow) (Lab/Co-op)
- Hansard - -

I beg to move,

That this House has considered the role of the UK Parliament in repealing sections 58 and 59 of the Offences Against the Person Act 1861.

I want to start by thanking you, Mr Speaker, for granting this debate and all the Members who have given their cross-party support. I have always believed that abortion is a non-partisan issue, and I want to pay tribute to the hon. Members for Totnes (Dr Wollaston), for East Dunbartonshire (Jo Swinson), for Dwyfor Meirionnydd (Liz Saville Roberts) and for Brighton, Pavilion (Caroline Lucas) for their work on this issue, and in particular my hon. Friend the Member for Kingston upon Hull North (Diana Johnson), who has led the efforts on decriminalisation.

There are many issues ahead of us today: decriminalisation, devolution and domestic abuse, but above all, it is about a particular “d”—dignity: the dignity of women to be able to choose for themselves what to do with their own bodies. I am proud to have been able to work on this issue with the Alliance for Choice, the London Irish Abortion Rights Campaign, the British Pregnancy Advisory Service, the Family Planning Association, Marie Stopes and Amnesty International. We have not stopped planning for this since last year’s vote to secure access for Northern Irish women to abortion here on the NHS. The truth is that we knew that that solution did not answer the test that Arlene Foster herself has set, to ensure that the men and women of Northern Ireland are not treated differently by the United Kingdom Government.

But it is the impact of the Irish referendum that brings us here today. The Irish Taoiseach Leo Varadkar welcomed the yes vote in Ireland a week ago, saying that Ireland will no longer say to women, “Take the boat” or “Take the plane” when they need an abortion. Instead, he said, Ireland will say, “Take our hand.” It is now time for us to offer our hands to the women of Northern Ireland in the same way. They are women who face a situation where if they are raped and seek a termination, they will face a longer prison sentence than their attacker; women who, when they have a heartbreaking diagnosis of a fatal foetal abnormality, have to go abroad to seek treatment; and women who are currently on trial. Indeed, the mother of a 15-year-old girl who was in an abusive relationship is currently being prosecuted for buying her daughter misoprostol online.

Paula Sherriff Portrait Paula Sherriff (Dewsbury) (Lab)
- Hansard - - - Excerpts

I thank my hon. Friend for giving way and for securing this very important debate. Does she agree that because abortion has not been decriminalised in Northern Ireland, women are still going for abortions, whether that involves travelling to the UK at great expense or, in the worst-case scenario, getting backstreet abortions, which I am sure we all want to avoid?

Stella Creasy Portrait Stella Creasy
- Hansard - -

My hon. Friend makes a key point. Stopping the provision of abortion does not stop abortions happening; it simply increases the risk of a woman either having to make that degrading and lonely journey to another country or risk buying pills online and the problems that come with them, including the threat of prosecution if something goes wrong with the pills and she seeks medical help.

Stella Creasy Portrait Stella Creasy
- Hansard - -

I will happily give way to one of the co-sponsors of the debate.

Caroline Lucas Portrait Caroline Lucas
- Hansard - - - Excerpts

I am grateful to the hon. Lady for giving way and pay tribute to her for all her work in securing this important debate and much more besides. She will know that the United Nations Committee on the Elimination of Discrimination against Women has said that the situation in Northern Ireland constitutes “grave and systematic violations” of human rights. Does she agree that it is essential that we send a message from the Chamber today to any woman or girl in Northern Ireland, saying, “We are with you. We will continue to stand up for your human rights, and we won’t stop until you get them”?

Stella Creasy Portrait Stella Creasy
- Hansard - -

I thank my hon. Friend for her intervention. Yes, the UN has criticised us. So too has the Northern Ireland Human Rights Commission, which this week brought an appeal to the Supreme Court, so that it can rule on whether the situation in Northern Ireland breaches the European convention on human rights.

It is worth remembering when we talk about Northern Ireland that the UK committed alongside Ireland in the Good Friday agreement to uphold the human rights of all citizens in Northern Ireland. It is that commitment that we are asking the Government to honour. The Good Friday agreement was the basis for institutions being obliged to comply with those obligations under the Human Rights Act 1998, but without the institutions that exist in Northern Ireland, those rights are not being upheld.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
- Hansard - - - Excerpts

I am grateful to the hon. Lady for giving way, and I too congratulate her on securing the debate. Does she agree that it is surprising but rather wonderful that the Republic of Ireland is leading the way on this and also on gay marriage, and that, notwithstanding devolution, Northern Ireland should look now to the south and say, “They are leading the way, and we should follow”?

Stella Creasy Portrait Stella Creasy
- Hansard - -

I would like to join my colleague in his remarks. I hope he was a supporter, as I was, of the wonderful work that my hon. Friend the Member for St Helens North (Conor McGinn) did on making the case for equal marriage in Northern Ireland—a case that I wholeheartedly supported, and I hope the Government will too. Devolution, even when it is functioning, does not relieve this place of our responsibility to uphold human rights, whether in Northern Ireland or elsewhere.

Carolyn Harris Portrait Carolyn Harris (Swansea East) (Lab)
- Hansard - - - Excerpts

My hon. Friend will know that, as a Welsh MP, I respect devolution more than most, having to live it every day of my life, but this issue and that of equal marriage in Northern Ireland deserve to be tackled in the here and now, and devolution should not be used as an excuse to deny women the right to abortion and to prevent equal marriage. This is 2018. Both these issues are contemporary, and they are about equality and basic human rights.

Stella Creasy Portrait Stella Creasy
- Hansard - -

As ever, I agree completely with my Welsh comrade.

This outdated legislation is not just having an impact in Northern Ireland, and that is why this is a matter for the whole House. Women across England and Wales are also buying pills online rather than seeking repeated visits to doctors. One study showed that in a four-month period last year, 500 British women attempted to access abortion pills from one online supplier alone and so would be liable to prosecution under this archaic rule. This situation is not simply about Northern Ireland. It is about legislation that this House has passed, and that is why this House must act.

I want to be very specific today about what I am proposing, because I understand that there are concerns.

Lady Hermon Portrait Lady Hermon (North Down) (Ind)
- Hansard - - - Excerpts

I am very grateful indeed to the hon. Lady for giving way. This is of course a very, very sensitive and controversial issue, particularly in Northern Ireland. I need to reflect to her the fact that I have received a large number of emails from constituents who feel that MPs at Westminster are usurping the powers and responsibilities of the Northern Ireland Assembly during a period when we have not had a functioning Assembly—I wish we did have one, and I look to my colleagues on the Democratic Unionist party Benches and urge them to get the Assembly up and running again. How can the hon. Lady reassure my constituents that today’s very important debate does not undermine the devolution settlement in Northern Ireland?

Stella Creasy Portrait Stella Creasy
- Hansard - -

I thank the hon. Lady for her question and absolutely wish to take up the challenge that she presents, because I completely respect the point of view that she puts forward. Let me therefore make some progress and set out precisely what we are proposing.

The Offences Against the Person Act 1861 puts abortion in the same category as homicide, destroying or damaging a building with the use of gunpowder with the intent to murder, child stealing, rape, and defilement of women. Abortion might be the most common procedure that our constituents who are women of reproductive age undergo, but even today, in 2018, we do not let them make the choice themselves to have that procedure.

We would like to repeal sections 58 and 59 of OAPA. Letting sections 58 and 59 stay on the statute book does not address many of the challenges that we see today in abortion provision. For example, extending the Abortion Act 1967 does not address the impact of the pills I mentioned, or indeed the paternalism that says women are not to be trusted to make choices about their bodies.

I also want to be clear about what we are not doing in repealing those sections of OAPA. This is not an attempt to remove the criminal charges that come after 24 weeks —let me make that explicitly clear, because I have seen briefings from some anti-choice organisations that suggest otherwise. We are not intending to amend or repeal the Infant Life (Preservation) Act 1929, which covers and still has the power to criminalise abortions after 24 weeks of pregnancy. Decriminalising abortion up to 24 weeks of pregnancy would mean that the Abortion Act 1967 became redundant before 24 weeks of pregnancy. As abortion before 24 weeks of pregnancy would no longer be a crime, we would no longer need the 1967 Act to act as a defence for women who had sought such an abortion. However, the exemptions that the 1967 Act provides for termination post 24 weeks would remain, and the 1967 Act would provide exemptions to prosecution under the Infant Life (Preservation) Act—for example, in cases of severe foetal abnormality or where the mother’s life is at risk. That might seem complicated, so let me put it as simply as possible: the time limit would not change, nor would the important role of medics in this matter.

I respect and recognise that some people do not consider abortion a human right and so think a criminal approach is the right response. I recognise that for many more, it is not that that worries them, but the constitutional issues at stake. Even though the Good Friday agreement explicitly retained human rights responsibilities for this place, let me reassure those MPs who want to uphold the role of devolved Assemblies that repealing OAPA would not write a particular abortion law for anyone, but would require them to act. This proposal would respect devolution; it would not reject it.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
- Hansard - - - Excerpts

I just want to be absolutely clear. I think the hon. Lady is suggesting that Northern Ireland has UK abortion at 24 weeks, not Republic of Ireland abortion at 12 weeks. Is that correct?

Stella Creasy Portrait Stella Creasy
- Hansard - -

Let me reassure the hon. Gentleman: I am not proposing any particular law. What we are talking about is repealing the existing UK legislation that requires Northern Ireland law to act in a certain way. Doing so, unlike imposing a referendum or extending the 1967 Act, would be in line with our human rights responsibilities, which is why the United Nations has asked us to do this, and it would not impose a specific outcome on Northern Ireland.

Liz Saville Roberts Portrait Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
- Hansard - - - Excerpts

Will the hon. Lady explain how, and does she agree with me that, repealing these provisions in the Offences Against the Person Act would actually give more powers to the devolved bodies?

Stella Creasy Portrait Stella Creasy
- Hansard - -

Absolutely. The hon. Lady—my colleague in writing this proposal—is absolutely right. It simply means that the Northern Ireland Assembly, if it is reconstituted, cannot ignore this issue, because there would be a gap that then had to be filled by medical regulation.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - - - Excerpts

Will the hon. Lady give way?

--- Later in debate ---
Stella Creasy Portrait Stella Creasy
- Hansard - -

If I may, I would like to make a little progress, because I realise some of this is quite technical.

I want to set out very clearly why a referendum would not be the right approach. Those who are suggesting it need to be clear about what the question would be. What would they consult the public on, and who would write the question? If the law were passed, who would then implement it? Indeed, if we had a referendum on bringing abortion rights or a particular form of abortion to Northern Ireland, would we also allow a referendum on other contested issues, such as the Union itself?

I may not share the views of my colleagues from the DUP about a woman’s right to choose, but I find myself in agreement with the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), who wrote to one of his constituents saying, “inevitably it is” Westminster

“politicians who have to make the call on this”.

He recognises that

“this law applies across the whole of the United Kingdom and not just Northern Ireland”,

so it is right for MPs in this House to consider whether repealing sections 58 and 59 of OAPA is the right thing to do. I also note that he recognises and acknowledges that

“there is no substantive support among the local political parties”—

in Northern Ireland—

“for extending the 1967 Abortion Act”,

because people would like to be able to write their own legislation. By repealing these provisions in OAPA, we will make that a possibility, and we will therefore make that a possibility in England and Wales as well.

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - - - Excerpts

Just to be absolutely clear, does the hon. Lady agree that repealing the provisions in the 1861 Act allows us to adhere to the devolution settlements and to respect women’s right to choose? They are not contradictory.

Stella Creasy Portrait Stella Creasy
- Hansard - -

Absolutely. Indeed, this is in line with respecting the work that has been done in the Northern Ireland Assembly, when it was constituted, on abortion rights. Working parties had started to look at the kind of medical regulation that might be required. Because there is no Assembly at the moment, those rules cannot be taken forward. However, even if there was an Assembly, OAPA—unless these provisions are repealed—would define that conversation.

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
- Hansard - - - Excerpts

The hon. Lady will of course know that when the Assembly debated this matter in 2016, it totally rejected the proposals she is making to the House. Does she agree with me that removing sections 58 and 59 means there would be no regulatory framework whatsoever in Northern Ireland to govern legal abortions. A massive hole would be left in the law in Northern Ireland, and there would be no right for medical practitioners to exercise their conscientious objections.

Stella Creasy Portrait Stella Creasy
- Hansard - -

I thank the hon. Gentleman for his intervention because it is helpful for people to understand how the DUP interprets the situation. I obviously interpret it differently. I look to what happened in the Assembly, when the DUP argued that the idea, in relation to fatal foetal abnormality, required proper consideration—the DUP did not reject it—and, indeed, set up a working party, which has just issued a report on how conditions leading to access to a medical abortion may occur. I therefore do not think that the idea that this was rejected out of hand by the Assembly is fair.

I would gently highlight to the hon. Gentleman that there have been two Assembly elections since then, so there is no guarantee that the view of the Assembly would be the same as the view in 2016. The argument he is making is precisely for the Northern Ireland Assembly, or indeed for the civil servants, to fill the gap, rather than against the gap being created, by repealing this UK legislation.

Let me be clear to other Members in the Chamber who may have heard the suggestion that there would not be any safeguards—

Karen Lee Portrait Karen Lee (Lincoln) (Lab)
- Hansard - - - Excerpts

Will my hon. Friend give way?

Stella Creasy Portrait Stella Creasy
- Hansard - -

If I may, I will continue—

Karen Lee Portrait Karen Lee
- Hansard - - - Excerpts

It is one sentence on that point.

Stella Creasy Portrait Stella Creasy
- Hansard - -

Then I will happily give way, because I would love to hear what my hon. Friend has to say.

Karen Lee Portrait Karen Lee
- Hansard - - - Excerpts

Directly before entering the House, I actually worked for two years in gynaecology clinics, one of which was for terminations of pregnancy. If a doctor has a conscientious objection, they do not have to sign certificate A; they can come out of the process and not do so.

Stella Creasy Portrait Stella Creasy
- Hansard - -

I thank my hon. Friend for her contribution to this debate, which is much welcomed.

Let me reassure Members that, as for every other medical procedure, there are safeguards that are not in OAPA or even in the Abortion Act, but in existing medical regulation. Therefore, these safeguards would not change with decriminalisation. Indeed, the 1967 Act, which is supposed to safeguard women, says nothing about informed consent and is entirely silent on these issues. Clinicians are required by law to obtain informed consent before performing any medical procedure, or risk criminal sanction. We are asking for abortion to be subject to exactly the same medical regulations as all other procedures. By repealing these provisions in OAPA we, as the UK Parliament, can show women across the UK that we trust them with their own healthcare, wherever they live. We can also show that we trust every legislature, including in Northern Ireland, to create modern abortion laws. The crucial issue for those of us who support decriminalisation is: when can we do this? For me, that is the question for Ministers today.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
- Hansard - - - Excerpts

Will the hon. Lady give way?

Stella Creasy Portrait Stella Creasy
- Hansard - -

I will happily give way one more time, but then I really want to make some progress.

David Simpson Portrait David Simpson
- Hansard - - - Excerpts

The hon. Lady has mentioned that this is very technical and that there is a lot of legislation to go through, but may I ask her one small question? In her aims and objectives in all this, where do the rights of the unborn child and the life of such a child come in?

--- Later in debate ---
Stella Creasy Portrait Stella Creasy
- Hansard - -

If I may, I will happily come on to the question about rights and to the moral debate on abortion. I recognise that there are different opinions within the House and indeed within Northern Ireland on this issue, which is why this is not a partisan issue. If I may, I will finish my point and then come on to exactly that.

The Government are currently consulting on the domestic abuse legislation. Indeed, I previously met the former Home Secretary to discuss this and the opportunity that Bill presents for us to make progress. I understand Ministers’ concern to stop abortion being used to control women, so their interest in OAPA in relation to this legislation was perhaps different from mine. I would also highlight to Ministers that the Serious Crimes Act 2015 criminalises controlling or coercive behaviour in family or intimate relationships. I would argue that the men prosecuted under OAPA for intentionally causing the loss of a wanted pregnancy could well have been prosecuted under the existing assault law.

Furthermore, organisations like Women’s Aid and End Violence Against Women both support decriminalisation, because they recognise that current criminalisation puts vulnerable women at risk. A study has shown that one in five women who bought pills online did so because they were in a violent or controlling relationship. We do not protect women by criminalising them. That is why so many medical bodies are also calling for decriminalisation; the royal colleges and the British Medical Association are just some of them. Indeed, the president of the Royal College of Obstetricians and Gynaecologists has argued that the legal situation in Northern Ireland means its healthcare professionals “struggle to provide” the support they would like to give women who need an abortion or to manage any post-abortion complications safely. We also know that this is the view of the Northern Irish public. The majority—whether individuals from any particular political background, religious background, age or ethnicity—would like abortion to be managed as a medical rather than a criminal issue.

I have respect for people who hold a different view on abortion itself and the role that it plays in equality, but I see abortion as an equalities issue, because men and women will never truly be free while one cannot control what happens to their own body. Indeed, as the residents of Gilead have shown us, that is fundamental to human rights. I therefore make no apology for putting the safety and dignity of women first, as part of equality between the sexes.

I know I will get abuse online for saying so because, frankly, women get the blame whatever we do in such situations. Indeed, judging by the emails I have had today, it is either my or my mother’s fault. I made the mistake that many MPs make of actually reading my emails today:

“Your views are a disgrace to humanity and the betrayal of the truly innocent. Woman can always say no or keep their clothes on!!”

“You madame were once an Embryo, You madame were once a fetus in your mother’s womb; You were once a PRE-BORN baby.”

“I wonder what decision you would have wanted your mother to make about your life or death had she been given the opportunity in the months before you were born?”

I respect those who disagree with abortion on all grounds as a matter of faith, and I make this simple point to those who think only of the extremes: if they support access to abortion only in cases of rape, incest or fatal foetal abnormality, in essence their concern is more about the manner in which a woman became pregnant than about abortion. Why does it matter if we trust women and give them the chance to control their own bodies rather than being forced to continue an unwanted pregnancy? Because it is about freedom. So shout at me all you want—this is not Gilead, and we should not be frightened to speak up for the equal rights of women. Not to do so is to put women’s lives and liberation at risk.

The truth is that, in 2018, we still do not trust our own women. This is the one healthcare decision that no UK woman can make on her own. That is why the UN has called on us to repeal these specific sections of law; no Assembly, nor indeed this place, can make any progressive law for itself on this subject without doing so. In supporting this proposal, every Member can send a message that, in 2018, all the women of the UK deserve to be treated as equal citizens.

Jo Stevens Portrait Jo Stevens
- Hansard - - - Excerpts

Will my hon. Friend give way?

Stella Creasy Portrait Stella Creasy
- Hansard - -

I am just about to finish, so I will not.

One hundred and fifty years is a long time to wait for social justice, so let us not wait anymore. Today we ask the Minister to commit to a timetable for when the will of the House can be tested on this issue, so that rather than waiting 150 years, we wait at most 150 days before we see change—so that we truly get, in the 21st century, 21st century laws. The “d” today is for the debate, but we must have time for the other “d”: decision making, to bring dignity to all our constituents. I ask the Ministers: give us a date.

None Portrait Several hon. Members rose—
- Hansard -

--- Later in debate ---
Karen Bradley Portrait Karen Bradley
- Hansard - - - Excerpts

There are a number of interpretations of what that might or might not mean, but I suggest that that is part of a separate debate. Today we are debating the matter in Northern Ireland, and I wish to return to that and make some progress.

Stella Creasy Portrait Stella Creasy
- Hansard - -

Will the Secretary of State give way?

Karen Bradley Portrait Karen Bradley
- Hansard - - - Excerpts

Of course I will give way to the hon. Lady.

Stella Creasy Portrait Stella Creasy
- Hansard - -

It is worth pointing out that we are talking about the repeal of OPA across the United Kingdom. We are not talking about getting rid of the Infant Life (Preservation) Act 1929, which criminalises abortion after 24 weeks. Nobody is talking about changing the time limits in England and Wales, or imposing this in Northern Ireland. Clearly in this debate it is fact not fiction that matters.

--- Later in debate ---
Karen Bradley Portrait Karen Bradley
- Hansard - - - Excerpts

I apologise. I realise the right hon. Lady is not the only voice of Scotland—we will hear many others today. I will not prejudge the Supreme Court decision. We will receive the judgment on Thursday, we believe, and when we have it, we will consider it carefully.

I will return to the question of Northern Ireland. This is a matter of conscience. A free vote will be afforded if the matter of abortion comes before the House again, and the same applies in Northern Ireland. That is why this Government, like their predecessors, believe that the best forum in which to debate and resolve these and many other matters is the locally elected Northern Ireland Assembly. The Government’s priority therefore remains to urgently re-establish strong and inclusive devolved government at the earliest opportunity. As Secretary of State for Northern Ireland, I want to ensure that any future reform is handled with due care and consideration, with locally elected and locally accountable politicians having the opportunity to consider and debate the issues, and the people of Northern Ireland being able to contribute to the debate on the devolved issues that affect their lives.

Stella Creasy Portrait Stella Creasy
- Hansard - -

rose

Karen Bradley Portrait Karen Bradley
- Hansard - - - Excerpts

I will give way, but only because it is the hon. Lady, and then I will make progress.

Stella Creasy Portrait Stella Creasy
- Hansard - -

I agree with everything the Secretary of State has just said. Will she explain why she thinks that repealing sections 58 and 59 of the Offences Against the Person Act would not allow that to happen? We think that it would.

Karen Bradley Portrait Karen Bradley
- Hansard - - - Excerpts

As I have said, this is a matter that would affect the whole United Kingdom, so a debate should be had in the context of the whole of the United Kingdom, with all those matters looked at.

Just as we have debated in this House the laws that ought to apply here, so the democratically elected Assembly in Northern Ireland must continue to consider this fundamental issue, listening to the views of the people of Northern Ireland. Otherwise, as my right hon. Friend the Member for Basingstoke (Mrs Miller) suggested, we will be in danger of disfranchising 1.8 million citizens of the UK.

--- Later in debate ---
Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
- Hansard - - - Excerpts

In the aftermath of the vote in Ireland, I saw a quote from a woman in Northern Ireland to the effect that she had the right to hold both UK and Irish passports and to be citizens of either or both, but she now did not have the right to choose that women in either jurisdiction have. That quote was third or fourth-hand by the time I saw it, but it seems to be an indicator of where many women in Northern Ireland find themselves. “Stranded” might be the best description of how they see their plight. Their plight is my plight, and their fight is my fight. If they suffer, I suffer, too. I stand with the women who feel themselves shorn of the rights they see across the border in Ireland and across the Irish sea.

I wonder, though, why this should be seen as an emergency debate. The referendum in Ireland did not change the conditions in Northern Ireland. Nothing has changed for women in Northern Ireland in terms of access to health services, except that they now have another geographically close comparison. Nothing has improved for them; nothing, happily, has got worse for them. Nothing has changed for them, more is the pity.

Yes, this is a very sensitive issue. Our sisters therefore deserve a little more consideration than a rushed debate. Who here, other than Members serving constituencies on the other side of the Irish sea, has any real perception of the issues and possible consequences surrounding abortion in Northern Ireland? I stand with my sisters in Northern Ireland, and I absolutely endorse their right to choose, but I do not claim to know their situation better than they do. I endorse their right to help shape the legislation they live under, but it is not for me or for anyone here to tell them how to do that. Support I can offer and encouragement I will give, but legislation has to be with the agreement of the people. Government is only with the consent of the people.

I hear those who say this is a human rights issue, and I agree. That is why we must leave the judgment on that in the hands of the Supreme Court, which has a duty to examine the reference from the Court of Appeal in Northern Ireland and will give guidance that must be followed. As we know, the judgment will be handed down on Thursday. We have two days to wait.

A little look at how Ireland approached amending its constitution would be instructive for many in this Chamber and, indeed, in the Chamber next door. Ireland’s move to allow abortion to be legislated for—that being the substance of the constitutional amendment, as has been pointed out—began with a citizens’ assembly. It was the people who had their hands on the tiller. This was no political campaign or activist-led agitation; this was people power from the start, and it should be a lesson to anyone who wants to effect major change. The details of the assembly are online at citizensassembly.ie, which I recommend to anyone who would like to think a little more about how nations should change direction.

As we have heard, Ireland is now free to choose whether to legislate to allow terminations, and I understand legislation is currently being drafted. Ireland does not yet have that law in place and, as the Secretary of State mentioned, the debate is just getting started. I note that the Taoiseach has indicated that allowing women from Northern Ireland to access such services across the border is being considered, and he points out that women from Northern Ireland regularly access other health services in Ireland and that there is no reason why they should be denied any new services.

We should not, however, think that Ireland’s legislation is done and dusted. The drafting is not yet complete, never mind its passage, but that legislative process is a matter for Ireland, for the Irish people and for the people they have elected to serve them. Likewise, the issue of abortion in Northern Ireland is a devolved matter and is an issue for the people of Northern Ireland and the people they elect to the Assembly. It is a matter devolved and, frankly, it matters not a jot whether the decisions made at Stormont, when it is sitting, are agreeable to Members sitting here. That is the point of devolution, a point that some Members of this place have been spectacularly slow to appreciate at times. The decisions of devolved Administrations are taken for reasons that people in those devolved nations understand from their point of view, and they are taken using evidence that the people, politicians and policy makers of those devolved nations consider important. That principle stands, and it can be seen in the way in which Scotland has led on public health issues.

Stella Creasy Portrait Stella Creasy
- Hansard - -

In order to allow the residents of Northern Ireland to craft their own abortion laws, and so for that devolution process to be respected, will the hon. Lady be joining me and colleagues on both sides of the House in supporting the repeal of UK legislation that prevents Northern Ireland from doing this? Will she support the repeal of sections 58 and 59? It would be helpful if she were clear about that.

Deidre Brock Portrait Deidre Brock
- Hansard - - - Excerpts

First, the Offences Against the Person Act does not apply in Scotland—some people seem not to be aware of that. Also, I understand that Stormont has been able to repeal sections 58 and 59 since 2010, and apparently it has chosen not to do so.

--- Later in debate ---
Stella Creasy Portrait Stella Creasy
- Hansard - -

I thank every Member who has contributed to this debate. I hope, first and foremost, that the Government have heard what was said by the hon. Member for Worthing West (Sir Peter Bottomley), who is my dear friend on this matter. This is a statement of intent. We want deeds, not just words. The women of Northern Ireland—indeed, the women of England and Wales—deserve modern abortion law, and we intend to work to give it to them.

I will repeat what I said in my opening speech to counter the scaremongering of the hon. Member for Congleton (Fiona Bruce), who I am sad is no longer here. She said that our proposal could result in the country providing abortion up to birth. No. This is about repealing sections 58 and 59 of the Offences Against the Person Act 1861. It is not about the Infant Life (Preservation) Act 1929.

I am disappointed that the Government sent to the debate a Minister from the Northern Ireland Office, who therefore claimed that she could not comment on UK legislation. Ultimately, what we want is a date on which the domestic abuse Bill will be brought to the House and on which the will of the House can be tested—a date not within the next 150 years but within the next 150 days.

I share the concern of the hon. Member for Lewes (Maria Caulfield) to hear the voices of the women and men of Northern Ireland. Indeed, I hope that she will go and listen to nationalist voices, particularly that of the vice-president of Sinn Féin, Michelle O’Neill, who has said that legislative change is required and backs this proposal. If the hon. Lady is speaking up for nationalist voices, she should be supporting this proposal.

I am so proud to serve in the House on this issue with the hon. Member for South Cambridgeshire (Heidi Allen) and the right hon. Members for Putney (Justine Greening) and for Broxtowe (Anna Soubry), who have made such a powerful case for change. But above all, I thank the right hon. Member for East Antrim (Sammy Wilson), who so beautifully illustrated why this change must happen in this House and why it matters. He took the floor to control this debate, because control came easily to him. That sensation of being in control and being able to make decisions about what happens is what we seek for all our constituents. I will stand up for his right as a Northern Irish man to have control over his body. All we are asking is that he stands up for the right of Northern Irish women to have control over their bodies too—not to be criminalised, but to be able to make a choice.

Let me be clear to all Members of this House—the members of the campaign, the MPs who already stand convinced and those who want to hear more arguments—that we will also make a choice: not to give up fighting for equality, not to give up fighting for the 21st century and not to give up fighting for choice for all. We trust all women. Now is the time for Northern Ireland.

Question put and agreed to.

Resolved,

That this House has considered the role of the UK Parliament in repealing sections 58 and 59 of the Offences Against the Person Act 1861.