Northern Ireland (Executive Formation) Bill

Stella Creasy Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is a genuine pleasure to follow the right hon. Member for Arundel and South Downs (Nick Herbert), and I agree with every word he said.

I will be proud to vote today for new clause 1 in the name of my hon. Friend the Member for St Helens North (Conor McGinn), who is now leaving the Chamber. He made an incredibly powerful speech. I also support amendment 9.

I rise to address new clause 10 with great reluctance, because none of us wanted the governance of Northern Ireland to be in this position today. We all want to speak up for the importance of devolution but, as my hon. Friend said, human rights delayed are human rights denied. New clause 1, new clause 10 and amendment 9 all speak to the human rights challenges. I understand the concerns of the hon. Member for Beckenham (Bob Stewart) about it being the thin end of the wedge, but I see this as a temporary way of dealing with something that this place is centrally about: protecting the human rights of every UK citizen.

Those of us who are strong defenders of devolution and human rights tread carefully. Section 26 of the Northern Ireland Act 1998 charges this place with upholding our international obligations for the whole United Kingdom, even when the Assembly is sitting. As we have now not had an Assembly for two years, and as it is unlikely the Assembly will have sat for three years at this rate, it is even more important that we ask what our obligations are so that we do not see human rights denied.

The Women and Equalities Committee has been very powerful in stating that on these two specific issues, especially in the past couple of years, our country has been censured for what is happening in Northern Ireland. Members will know that I am a passionate defender of women’s rights, and I believe powerfully that we will never have true freedom if women do not have the same control over their bodies as men. If we say to women that we will force them to continue an unwanted pregnancy, they will always be second-class citizens compared with their male counterparts. That is exactly what we are saying to our fellow UK citizens in Northern Ireland. As the right hon. Member for Arundel and South Downs said, these amendments are about equality. They are about treating every UK citizen equally; in Northern Ireland there are no such rights.

The right hon. Member for Basingstoke (Mrs Miller) talked powerfully of fatal foetal abnormalities. I cannot imagine what it is like for somebody who so desperately wants a baby to discover that their baby will not live. All our hearts have gone out to Sarah Ewart, but those court cases were not just about fatal foetal abnormalities; they were about sexual violence, too.

We are not living up to our obligations to protect the rights of the women of Northern Ireland—those 1 million women are UK citizens. If we do not act on these issues and find a way, in the absence of an Assembly, however temporary, to deal with this issue, it will not only be Sarah Ewart who has to go to court. We will be in the invidious position of rape victims having to go to court to have their rights upheld. That is torture, which is why the UN Committee against Torture censured our country and said that how we treat the women of Northern Ireland is torturous.

That is why it is right that we find a way through. I am very conscious of the words of the Women and Equalities Committee, which said that the Government need to set out a clear framework and timeline for addressing the breaches of women’s rights in Northern Ireland, which have been identified by CEDAW, if there is no Government in Northern Ireland to take action.

[Ian Paisley]

The hon. Lady knows where I stand on this issue, and my position is very different from hers. She rightly indicates that there needs to be a framework, but if new clause 10 were to become law, abortion would take place in Northern Ireland without any framework whatsoever. It would be completely and totally unregulated. We have no idea of the scope. Would we have terminations at 12 weeks, 28 weeks or right up to birth?

We would have no regulations on where abortions could take place. There would be no regulatory framework on who could carry out those abortions, and there would be no regulatory framework on sex selection or, indeed, disability denial. All those matters require careful and considered regulation and legislation. Unfortunately, new clause 10 is not careful and does not give the time or scope for any of these matters to be properly considered.

[Stella Creasy]

I thank the hon. Gentleman for raising those issues, which are myths that need to be dispelled, although I understand his concerns. The CEDAW report talks about the Offences Against the Person Act 1861, which is why a woman who is raped in Northern Ireland and seeks a termination after becoming pregnant will face a longer prison sentence than her attacker. It is why, in November, a mother who bought abortion pills online for her child—she was a child, because she was a 15-year-old girl in an abusive relationship—faces a jail sentence.

We must deal with the effects of this anachronistic, ancient law in Northern Ireland. My constituents, and constituents across England and Wales, are exempted from that Act, but it does not mean a free-for-all. In fact, new clause 10 is crafted in terms of statutory instruments under the Northern Ireland Act.

I am mindful that the British Medical Association, the Royal College of General Practitioners, the Royal College of Midwives, and the Royal College of Obstetricians and Gynaecologists have all set out proposals for medical guidance. Absolutely, abortion should be regulated. Absolutely, there should be clear guidelines. Nobody is seeking to change the term limit we have in England and Wales. The question is whether the law should be underpinned by criminal legislation or medical regulation, which is what new clause 10 would allow us to consider. It would therefore allow us to answer the question about the inequality of experience between my constituents in Walthamstow and the constituents of the hon. Member for North Antrim (Ian Paisley) in Northern Ireland.

A thousand women from Northern Ireland have had to travel to England and Wales to have an abortion in the last year, and those are just the women who can travel. What a horrible, lonely journey to ask somebody to make at the most vulnerable moment in their life. That option is not available to women in an abusive relationship, who cannot get childcare or who cannot afford to travel.

New clause 10 is carefully crafted to respect the fact that, at the moment, we do not have an Assembly. If there were an Assembly, it could step in and deal with the criticisms that have been levelled at us by the UN. It could deal with the decisions made by the Supreme Court, which have not been enacted only because of a technicality. New clause 10 would mean these situations can be dealt with. Medical regulations could be introduced, but it would be done through a statutory instrument. It does not prescribe what the regulations would be, so it does not remove any of the protections the hon. Gentleman talks about.

[Emma Little Pengelly]

You have said many times, and it has caused distress, that a woman in Northern Ireland who is raped and seeks an abortion could face a longer jail sentence than her attacker. I have corresponded with the Police Service of Northern Ireland on this matter because of the concern you have caused out there. PSNI has confirmed that no woman has been sent to prison for an abortion-related offence, and I am meeting PSNI to talk it through.

Secondly, the issue about regulations is important. Regardless of whether you perceive abortion to be a right, the regulations are not prescriptive about some of the details highlighted by my hon. Friend the Member for North Antrim (Ian Paisley), but your proposal would mean there is no scrutiny of the regulations.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. You do not directly address another Member but address your comments through the Chair. This is obviously a sensitive debate, so it is important that we stick to the rules.

[Stella Creasy]

Thank you, Dame Rosie.

It is simply not the case that people have not been prosecuted. A mother is facing a jail sentence in November. We know that, in 2017, a man and woman accepted formal cautions under OPA for the same offence, and the charges were withdrawn only after the judge imposed a ban on identifying the woman due to the heightened risk of her suicide because of her distress at the situation. We know that, in 2016, a 21-year-old pleaded guilty to procuring her own abortion by poison after she bought pills online and her flatmate reported her to the police. Prosecution is a very real prospect in Northern Ireland, but it is not a real prospect for my constituents in another part of the United Kingdom who are in exactly the same situation.

[Emma Little Pengelly]

Will the hon. Lady give way?

--- Later in debate ---

[Stella Creasy]

Forgive me, but I have given way. I am conscious that other people want to speak in this debate. I understand the concerns of the right hon. Member for Basingstoke, who is no longer here, but I genuinely believe that if we do not address the international obligations that we have—and that this legislation leaves us unable to address at the moment—we will continue to see these cases. We will continue to see the distress of women in Northern Ireland, and that will be a human rights issue.

There is a more fundamental point here, which the right hon. Member for Arundel and South Downs talked about: if we are prepared to jettison some human rights and say that they are not as important as others, that is the thin end of the wedge. Are we going to say that in Northern Ireland people will not have the same rights of freedom of expression, of protection from slavery and of protection from torture, and the same rights to life? Specific human rights, and specific international reports and obligations that we have been part of, are at the heart of this amendment. We will not be able to stand up and champion human rights in other parts of the world, because other countries will rightly turn to us and say, “Hang about, what about your own backyard? What are you doing there?”

I understand that, if it was not for the fact that we do not have an Assembly, this would absolutely not be the right way forward, but we do not have an Assembly and we will not have one any time soon. This is about a power of a statutory instrument; it is not about specifying what should be in that statutory instrument, so there is plenty of scope to address these issues. Medical guidelines have been prepared by campaigners in Northern Ireland, be they Alliance for Choice, the London-Irish Abortion Rights Campaign, Together for Yes or those medical agencies.

There is a simple point here: each of us should want, in the work that we do at a national and international level, the same rights that we want for our own constituents. I would like every woman in Walthamstow to be able to have the choice to have a safe, legal and local abortion if she wants it. We all know that stopping people accessing abortion legally does not stop abortion. The cases where there have been prosecutions, where people have been killed and where we see online the stories of these women tell us that abortion is still happening for Northern Irish women, but right now that issue is being exported, rather than dealt with as an equalities issue. So I ask the Committee: how much longer are the women of Northern Ireland expected to wait? How much more are they expected to suffer before we speak up—the best of what this place does—as human rights defenders, not human rights deniers?

[Fiona Bruce (Congleton) (Con)]

I find myself in agreement with the concerns expressed by the Chair of the Women and Equalities Committee about the far-reaching implications of new clause 10, which relates to abortion law changes in Northern Ireland but has implications for England and Wales, too. So I am against that proposal, and new clauses 11 and 12. This is not the time, nor the place, to be making such changes, which are of course completely unconstitutional, bearing in mind that devolution has ensured that abortion is an issue that Northern Ireland and its own Assembly have had authority to make decisions on for almost 100 years.

Northern Ireland (Executive Formation) Bill

Stella Creasy Excerpts

2nd reading: House of Commons
Monday 8th July 2019 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I echo the comments of my hon. Friend the Member for St Helens North (Conor McGinn) in paying tribute to my hon. Friends the Members for Vauxhall (Kate Hoey) and for Ealing North (Stephen Pound); the latter is sitting on the Front Bench. I have known him a very long time. I shall always be incredibly grateful for his support and enthusiasm in teaching me the power of the woggle, the necker and small children to effect great change in this country. He will be missed by many in this House, because he is a great friend of scouting.

I also pay tribute to the hon. Members for Belfast East (Gavin Robinson) and for Belfast South (Emma Little Pengelly) for setting out so clearly and emotively the passion that people feel at this time and for talking about it from a constituency perspective. Sometimes in this place people forget just how powerfully we feel, because of how we spend our lives. I hate it when people talk about politicians being out of touch, because we do nothing but be in touch, whatever political party we represent. We live, breathe and feel the frustrations of our constituents, and we are all here tonight because we feel their frustration that this piece of legislation was put forward six months ago as a temporary stopgap in the hope that progress could somehow be made. It was suggested that it was a necessary evil.

I am pleased that the Government have recognised that they should not try to suggest that this new piece of legislation is just a narrow, small change in the date, when what it is doing is extending those quite substantial powers to make legislation and change the law in Northern Ireland that were given six months ago on what was presumed to be a temporary basis. The Bill requires scrutiny; I particularly contest its powers around statutory instruments, which we know have been controversial in other areas of policy. Indeed, many of us have already sat on Statutory Instrument Committees about making direct change in Northern Ireland. We need to scrutinise not just the date, but the use of those statutory instrument powers. I am also conscious that the civil servants have said that they feel uncomfortable about the position they have been put in and about the fact that this legislation has been pushed through Parliament as an emergency measure, when, as people have said, we are now looking at three years without any change in the situation in Stormont.

I have been working on the Back Benches with colleagues in every other party—except the DUP at the moment—on these issues because we recognise that there are two sides of the coin. This relates particularly to the amendments that I want to support tomorrow. The human rights issues that they raise go to section 26 of the Northern Ireland Act 1998, which charged this place with the responsibility to uphold our international obligations, even when there was an Assembly in Northern Ireland. It is important for those of us who are proud of devolution, of being able to give power to people and of ensuring that they can exercise it, that we recognise the check and balance that this place provides in that process. Section 26 speaks precisely to that when it comes to human rights.

There is a specific definition of human rights. It is not about a single policy area; it is about a set of rules and obligations that we as the United Kingdom have signed up to for generations, and now find that we particularly need to uphold. This relates to a woman’s right to choose what happens to her body and to a person’s right to choose to marry who they love and have that recognised. Human rights speak to basic freedoms—not the freedom to do what we want, but the freedom to be who we are without feeling that that makes us second-class citizens. These are core freedoms that each of us has come into this place to uphold. They are issues on which we need to work together.

[Ian Paisley]

I understand the hon. Lady’s position, although it is very different from mine. Does she recognise that there is not a right to terminate an unborn life under the European convention on human rights?

[Stella Creasy]

I recognise that the hon. Gentleman and I are on different sides of this, but if he will forgive me, I will come to the international obligations that we as a country have signed up to that I believe are relevant in considering this Bill. This Bill allows for action in the absence of an Assembly, but it does not absolve us of our responsibility to comply with international obligations.

[Sir John Hayes]

Will the hon. Lady give way?

[Stella Creasy]

If the right hon. Gentleman will allow me, I will make a little progress and then happily take an intervention from him.

For me, there is a simple point. This weekend, many of us will have proudly celebrated Pride. We will have seen the rainbow flag and talked about the importance of standing up for the rights of gays, lesbians and transgender people across the world. We have seen persecution in Chechnya and in Europe under the Orbán legislation, and we have stood up and said that we as a nation want to be a beacon. We have even said that we should kick countries out of the Commonwealth that do not uphold gay rights. There was an outcry in this country when people saw legislation introduced in Alabama under which doctors are prosecuted for performing abortions, while Georgia is saying that no woman can have an abortion later than six weeks, by which time most women do not even realise that they might be pregnant.

There is a simple rule for those of us who have been consistent—as I hope that the hon. Member for Belfast East (Gavin Robinson) would recognise that many of us have been—whether we have fought the global gag rule, or stood up for the importance of international development investment in maternity healthcare. We cannot argue that we are beacons of human rights around the world if we do not get our own house in order. We are told consistently by the international agencies that we have signed up to that we have a problem in Northern Ireland—in particular, that we are treating women there as second-class citizens. This Bill speaks to what we do in the absence of an Assembly that is able to fulfil those international obligations. If those obligations do not mean anything, what does this place do, when sometimes it has to speak for those whose voices cannot be heard?

I was at the Council of Europe two weeks ago, when the Government were boasting about being about to ratify the Istanbul convention on violence against women, but the legislation that the Government have introduced to try to do that will not even cover Northern Ireland. The Bill before us will not deal with the gap, so women in Northern Ireland will not have protection from stalking. They do not have coercive control legislation, and will not get the support of the domestic violence commissioners, yet the Istanbul convention is a piece of international legislation that we have signed up to and committed to. We have said that it speaks to our support for human rights.

On abortion in Northern Ireland, in the years since we had an Assembly, we have been directly criticised by the United Nations. The United Nations Committee on the Elimination of Discrimination against Women has explicitly said that the UK cannot invoke its internal arrangements to justify its failure to revise the Northern Ireland laws that violate the convention by denying women in Northern Ireland the same rights as women in my constituency of Walthamstow or the Minister’s constituency: the right to have a safe, legal and local abortion.

[Sir John Hayes]

Now that the hon. Lady has made progress, let me deal with the two points that she has raised that I want to contradict. First, as the hon. Member for South Antrim (Paul Girvan) said, it is highly debatable whether abortion falls into the category of rights that she has described. Indeed, people such as Professor Mark Hill, QC, contradict that view. Secondly, in any case, as she will know, the legislation that underpinned devolution in 1998 largely devolves matters of international obligation to the Northern Ireland people, so if even she thinks this is a right, it is a right that should be decided upon by the people to whom we have devolved power, else devolution means nothing.

--- Later in debate ---

[Stella Creasy]

I thank the right hon. Gentleman for his intervention. I gently suggest that he goes back and reads section 26 of the 1998 Act, which explicitly does not do what he says it does. It explicitly says—[Interruption.] With respect, I listened to him; I hope he will listen to me, because this is the debate that we need to have about this legislation. I have listened to him—[Interruption.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Lady has the right to respond to the intervention.

[Stella Creasy]

The 1998 Act explicitly says that the Westminster Parliament retains responsibility for upholding those international obligations.

The right hon. Gentleman also asked about the concept of abortion as a human right. I understand that he has quoted a QC, but again I would point him to those international bodies, including the Vienna convention, that say that we cannot absolve ourselves of those international obligations through our internal arrangements, and the UN Committee against Torture, which just this month said that the situation in Northern Ireland was

“likely to result in severe pain and suffering, such as when the pregnancy is the result of rape or incest, when the life or health of the pregnant person is at risk and in cases of fatal fetal impairment.”

We are being explicitly challenged on human rights, and there are grounds in the Istanbul convention—[Interruption.] The right hon. Gentleman shakes his head. Above all else, this Bill is about how we help to ensure that people in Northern Ireland do not have the current gap. We need to say that those international obligations are equally our responsibility.

The right hon. Gentleman might disagree about those obligations, but he cannot deny that, right now, there is a gap on this very issue. That is why it is right that we have introduced proposals to try to address the gap, so that people in Northern Ireland are not put at a disadvantage. He shakes his head again. Perhaps he will listen to our Supreme Court, which has found that the situation in Northern Ireland is incompatible with article 8 of the European convention on human rights with respect to fatal foetal abnormalities and to women who become pregnant due to rape or incest. It said the law in Northern Ireland is “untenable” and needs “radical reconsideration”, as it treats women like “vehicles.”

The courts are looking to this Parliament, because the Offences Against the Person Act 1861 was passed by Westminster, so it needs to be dealt with by Westminster, which would need to enable the people of Northern Ireland, if the Assembly were back up and running, to craft their own laws on this issue. The right hon. Gentleman cannot have it both ways. Either we take responsibility for the impact of UK-wide legislation crafted in this place and for the international human rights obligations that we as a Parliament have sworn to protect, or we say that it is okay to treat some of our people as second-class citizens and not give them the services we give to others.

[Emma Little Pengelly]

I think I raised this point in our previous debate. There is no barrier to the law changing in Northern Ireland. There has been some confusion on the idea that the law needs to change here to enable that to happen. It does not. Criminal law is fully devolved, so that can happen in Northern Ireland.

--- Later in debate ---

[Stella Creasy]

Let us be very clear. The reason why a woman in Northern Ireland who is raped, becomes pregnant and then seeks a termination faces a longer prison sentence than her attacker is because of the 1861 Act. It is because of that Act that, in November 2018, a mother faced a jail sentence because she sought abortion pills online to try to help her 15-year-old daughter, who was in an abusive relationship. This legislation is affecting the lives of UK citizens.

When these issues are not being dealt with due to the lack of an Assembly, and when the Government, who have sworn to fulfil these international obligations, are saying that we will just have a big exclusionary gap when it comes to Northern Ireland, what do we do as parliamentarians? We all swore to uphold the Good Friday agreement and joint equivalency.

[Ian Paisley]

Will the hon. Lady give way?

[Stella Creasy]

Thousands of citizens in Northern Ireland have emailed their MPs in support of change. Thousands of citizens in Northern Ireland have said, “Please don’t make us wait anymore,” just as thousands have said they want the right to love whom they love, to marry them and to have that recognised. We know people want change, and we know that, in 2016, 70% of people in Northern Ireland said that no woman should ever go to prison for having an abortion, but that is the situation we are in. We know that 65% of adults in Northern Ireland—

[Ian Paisley]

Will the hon. Lady give way?

[Emma Little Pengelly]

Will the hon. Lady give way?

[Stella Creasy]

I have listened, and I want to meet my obligation to not make a long speech—an obligation that we have all been trying to uphold this evening. I promise that I am coming to an end, and I have taken interventions.

[Ian Paisley]

We have until 10 o’clock.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Lady has indicated that she is coming to the end of her speech, so do not continually ask her to give way; she is clearly not going to, and she is quite right to say so. Although there is quite a lot of time, we do have other speakers to fit in.

[Stella Creasy]

Thank you, Madam Deputy Speaker.

We also know that 66% of the public in Northern Ireland think that Westminster should reform the law in the absence of a devolved Government. This Bill deals with that absence and the unlikelihood of our ever getting an Assembly set up in the current situation. DUP Members have very clearly set out many of the frustrations that might be preventing that, but above all, that does not mean that the voices and rights—particularly human rights—of the people of Northern Ireland should play second fiddle to political frustrations.

If we have learned anything in this place, it is that when we put politics ahead of people, we all lose out. I am also talking about our ability to listen to the voices of women such as Sarah Ewart, who are looking for change—women who tell us that they could not go through another pregnancy because their last one nearly killed them in childbirth. We ask that every woman has the choice to not be forced to continue with an unwanted pregnancy. Women do not want to face prosecution because they stood up for their children.

Last year, 1,000 women travelled to England and Wales to get an abortion, but many more cannot travel; they might be in abusive relationships, they might have childcare issues or they might not be able to afford it. We have to remember that there is no right at all here, not even in instances of rape or fatal foetal abnormality. Current laws force women in Northern Ireland to carry a baby they know will not live. That cannot be a human right. That is torture, and we cannot keep waiting for the Assembly to deal with it. We do not expect citizens in England and Wales to go through a referendum on this; we cannot put that extra layer on the people of Northern Ireland in order for them to get their human rights.

If we take this course on the right not to be forced to continue an unwanted pregnancy, or the right to love whom we love, what other human rights will we sacrifice for political expediency? The right to life and liberty? The right to be free from slavery and torture? Freedom of opinion and expression? It is a slippery slope to start saying that the human rights obligations that we have signed up to do not matter when we write legislation. The amendments tomorrow and the ruse of those statutory instruments are crucial, and that is because of the words of Lyra McKee’s partner, Sara Canning, who said to the Prime Minister at Lyra’s funeral:

“I wanted her to know that Lyra and I had a right to be treated as equal citizens in our own country. Surely that’s not too much to ask?”

We can pass legislation about the powers of politics and the powers of this place, but fundamentally the power of this place cannot be to deny the basic human rights of our citizens. The people who live in Northern Ireland deserve the same human rights as the people who live in England and Wales. Either we are champions of human rights or we do not deserve to call ourselves parliamentarians.

--- Later in debate ---

[Ian Paisley]

As my cousin knows, I will always give way to her on other matters in these important debates, but seeing the look of consternation on the face of Mr Deputy Speaker, I fear that if I were to go into a separate analysis of our policy and how we would implement it and put in place a common assembly sometime in the future, he may call me to order. I would happily debate that point with the hon. Lady if she were to raise it at a later stage. I would do so even if she were to bring forward an Adjournment debate on the subject. I look forward to debating that issue.

The point that I did leave out in the hope that my colleague, the hon. Member for North Down (Lady Hermon), was going to intervene on me was this issue of bad law. I know that no one in this House—whether it is the hon. Member for Walthamstow or any other Member—wants to put in place bad laws, but sometimes the consequences of actions that we take lead to very bad laws. It may not be the intention, but it can ultimately be the impact. Certainly, the intention of some of the amendments that have been tabled would, in my view, really compromise matters relating to the sensitive issue of abortion rights. For example, they could lead to sex selection abortions in Northern Ireland, and they could lead to a massive increase in the number of abortions of disabled life. We could see problems arise where there is no proper management or scrutiny of where abortions take place. All these issues have been flagged up by a number of groups that have been looking at the problems that would arise if a quick solution were found, which does not exist, to a very difficult set of circumstances that pertain in Northern Ireland. We need to tread cautiously on this issue and not just think about brushing away some pieces of law and some protections that we have, because suddenly everything will be open to change, and that could be very detrimental indeed. The changes could also have an impact in England and Wales: if we were to create a set of circumstances where the laws in Northern Ireland would be so open to abortion, basically anything could go. We would then have a set of circumstances in which Northern Ireland would be well out of kilter on this issue with the Republic of Ireland where I understand that abortion will be limited to the first 12 weeks of pregnancy. We would have a situation where it could be right up to the point of birth in Northern Ireland. That would be absolutely terrible and something that is clearly not the desire or the intention.

[Stella Creasy]

indicated dissent.

[Ian Paisley]

I accept that it is not the intention of the hon. Lady, but it is the point that has been put forward on a number of occasions by experts on these issues.

Northern Ireland: Murder of Lyra McKee

Stella Creasy Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Karen Bradley]

The right hon. Gentleman talks about politics in Northern Ireland. Of course, Northern Ireland is one of the places in the world that has been most transformed by politics: politics won over violence; politics won over terror—words won. People made enormous sacrifices, both personally and collectively as a community, in order to achieve the peace that we have seen over the past 21 years. He is right that it is a fragile peace; things can flare up at any time, as we saw last week. Hon. and right hon. Members have talked about the regularity of these kind of attacks and activities. Business as usual in Northern Ireland is not business as usual as many people in Great Britain would expect it to be, or would accept, and that needs to change. It is absolutely clear that we need to have devolution restored, but the lack of devolution is not the reason for these attacks. These attacks have been going on for far too long. There is no excuse for the acts that we saw; there is no excuse for anything that we have seen; and there is no excuse for the person who pulled that trigger and shot Lyra McKee.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

In the days following her brutal murder, Lyra’s words have been shared around the world. It is not hard to see why. Just a few weeks ago, she wrote on social media:

“Derry is such a beautiful city. I’ve fallen in love with it over the past year, while falling in love with a woman who hails from it. Here’s to better times ahead and saying goodbye to bombs and bullets once and for all.”

Can there be no better tribute that we make to Lyra than pledging ourselves to achieving her dream in her name?

[Karen Bradley]

The hon. Lady makes such a powerful point, but the words of Lyra McKee are the most powerful. Derry is a beautiful, beautiful city. It feels ironic in many ways, but on Thursday evening, I had the opportunity to sit down with my family for the first time to watch the final episode of “Derry Girls”. To see the hope in that series, which was set around the time of the peace process, and to go to bed to be woken by that devastating news was just so tragic for such a beautiful city and for such wonderful people who really do deserve better.

Oral Answers to Questions

Stella Creasy Excerpts

Wednesday 10th April 2019 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

In the absence of devolved government, the direct decisions being made by Westminster for Northern Ireland are increasing every day, whether on the Offensive Weapons Bill, the Healthcare (International Arrangements) Bill, the two-child policy, or even what will happen with the Open golf tournament. The Secretary of State tells us that she respects devolution, but these decisions are being made behind closed doors with civil servants and without the involvement of the people or representatives of Northern Ireland. If she thinks that is acceptable, will she publish in full a list of all the policy decisions she has made under this new legislation, including the legislative consent motions and who has signed them off, so that we know who is really running Northern Ireland?

[Karen Bradley]

The hon. Lady did very well to get through the question and still have some voice left.

The decisions that are taken by the civil servants in Northern Ireland—the permanent secretaries—are published. That is part of the conditions of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018. But to be clear, that Act does not allow new major policy decisions to be made; it allows for policy decisions taken when the Executive was still in place to be continued. As I say, no new policy decisions are being taken under that Act.

Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Stella Creasy Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Karen Bradley]

It is an honour to serve under your chairmanship in this Committee, Dame Eleanor. As these matters were debated at length on Second Reading, I do not propose to detain the Committee any further.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I rise to speak to amendment 2, which I tabled with my hon. Friends the Members for Birmingham, Yardley (Jess Phillips), for Wirral South (Alison McGovern), for Ilford North (Wes Streeting), for Canterbury (Rosie Duffield), for St Helens North (Conor McGinn), for Cardiff Central (Jo Stevens) and for East Lothian (Martin Whitfield). We recognise that this legislation has been brought to the House at short notice, but we want to put the Secretary of State on notice that the concerns raised in the amendments will endure in every piece of legislation until the issues are resolved, because they speak to one of the first concerns that any Member of Parliament should have: the human rights of the people whom we represent. Amendment 2 seeks to recognise that this Government cannot pick and choose their responsibilities. On the one hand, they take full responsibility for expenditure in Northern Ireland but, on the other hand, they ignore human rights abuses and the suffering that they are causing to UK citizens.

The Bill authorises departmental expenditure to allow the continued delivery of public services in Northern Ireland in the absence of an Executive and the consequent inability of the Northern Ireland Assembly to pass legislation to provide the same rules. That Assembly has not sat for over two years, which is why this House passed emergency legislation last November. Section 4 of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 makes it clear that the Secretary of State for Northern Ireland is responsible for the guidelines relating to human rights in Northern Ireland. However, amendment 2 relates to the fact that she has failed to take any meaningful action to uphold that obligation and, indeed, has sought to deny it.

In a written ministerial statement on 30 January 2019, the Secretary of State said that

“the current absence of devolved Government in Northern Ireland should not dislodge the principle that it is for the devolved Administration to both legislate on, and ensure compliance with, human rights obligations in relation to such devolved matters.”—[Official Report, 30 January 2019; Vol. 653, c. 40WS.]

However, article 27 of the Vienna convention states:

“A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.”

In layman’s terms, that simply means that we cannot ignore our human rights responsibilities to the people of Northern Ireland and use devolution as a cover for doing so.

[Martin Whitfield (East Lothian) (Lab)]

We have heard from across the House today that a unified approach is the proper answer in Northern Ireland, but that cannot be achieved at this stage. However, when we asked for transparency around finance, we were unable to get it. With human rights, that obligation rests on each of us as an individual, and particularly on the Secretary of State, and it is not restricted by borders. It is a responsibility wherever we see a human rights abuse.

[Stella Creasy]

I could not agree more with my hon. Friend, who is a co-sponsor of amendment 2. That speaks to a concern that is shared by many, which is the picking and choosing for political expediency of what human rights means and what action the Government will take. However, we are not the only people to have identified that. Amendment 2 relates to the prosecution of people under sections 58 and 59 of the Offences Against the Person Act 1861, and other august bodies have recognised the problems created by the Government’s approach to human rights.

On 23 February 2018, the Committee on the Elimination of Discrimination against Women carried out an inquiry into abortion law in Northern Ireland under article 8 of the optional protocol to the convention on the elimination of all forms of discrimination against women, to which the UK acceded in 2004—just as we are a party to the Vienna convention. The report stated that the

“delegation of government powers did not ‘negate the direct responsibility of the State party’s national or federal Government to fulfil its obligations to all women within its jurisdiction’. Thus, the United Kingdom cannot invoke its internal arrangements (the Belfast Agreement) to justify its failure to revise the laws of Northern Ireland that violate the Convention.”

The laws that violate that convention were written in this place, because the 1861 Act was written by the United Kingdom. It was written here, but it still has effect in Northern Ireland. It is the reason why, to this day, a woman who is raped in Northern Ireland and seeks a termination as a result would face a longer prison sentence than her attacker. That is the human rights abuse that we are talking about today, violated in this country and the responsibility of this Parliament.

Amendment 1 was not selected, but Madam Deputy Speaker said that it was in order to speak to it. We are concerned, not just about abortion and human rights abuses, but about human rights across the piece and the importance of equality to our values and to our country. Amendment 1 spoke to the same situation that arises as a result of our failure to give equal marriage to the people of Northern Ireland—a failure to treat people who are married as married under the law, not as civil partners but fully married, as anyone else would be. I am not married myself; I am sure that after today I might even get the odd proposal. [Interruption.] Well, a girl can live in hope. However, the proposal that I would really like to see the Secretary of State picking up on is represented in articles 8, 9, 12 and 14 of the European convention on human rights. Even the former Minister has noted that the prohibition on marriage in Northern Ireland is “simply not justifiable”. Just as with those laws on abortion, it is this Parliament legislating today that is perpetuating the prohibition on same-sex marriage for couples in Northern Ireland, even when those who are lawfully married in England and Wales visit or reside in Northern Ireland.

[Martin Whitfield]

Is not the real test of a politician their conduct—not when something is easy to do, but when it is hard? This may be a hard decision, but it is the honourable, right and historically correct decision to make.

[Stella Creasy]

Yet again I find myself in complete agreement with my hon. Friend, because that Vienna convention must mean something. The fact that we have signed those treaties gives rights to all our citizens—not rights to some of them when we need to do a deal with some other citizens to stay in power, but rights that should transcend party politics, rights that should mean something, rights that we should all be proud to uphold. Because we do not do so, our fellow UK citizens in Northern Ireland are treated as second-class citizens. Women are not allowed to access basic rights of control over their own bodies, and people are not allowed to love who they love and see that celebrated without fear or favour and equally.

It is because the Secretary of State has done nothing about those issues, and tries to deny her fundamental responsibility for upholding those rights on behalf of all UK citizens, especially in Northern Ireland, that we are in this position today, and that is where amendment 2 has come from. It is about the mess that has been created—about the fact that UK taxpayers’ money is being used to perpetuate those human rights abuses by funding prosecutions and defending claims that are having to be brought by Northern Irish citizens to uphold their rights—because this Government will not act. This is a very live issue.

[Lady Hermon]

May I ask the hon. Lady to take a few moments and reflect on the very significant Supreme Court decision in June 2018, in a case brought by the Northern Ireland Human Rights Commission, and the very critical comments that the judges made about the lack of appropriate legislation in Northern Ireland? I think I am right in saying that the situation in relation to the abortion legislation in Northern Ireland in the cases of rape, incest and fatal foetal abnormality was described as “deeply unsatisfactory”. When Supreme Court judges describe such things as “deeply unsatisfactory”, this country will have to legislate at some stage to comply with that.

[Stella Creasy]

I thank the hon. Lady. I am only disappointed because I was sort of hoping for a proposal; but I completely agree with the point that she makes. Indeed, she prefigures something that I shall come on to. We are spending money because of our failure to tackle those human rights issues—money that could be going into public services in Northern Ireland, but instead will be spent upholding the situation that she describes. I want to come on to that, and what that practically means for the Secretary of State.

We know that cases are currently going through the courts as a direct result of this situation. In 2013, the mother of a 15-year-old was prosecuted under the Offences Against the Person Act 1861 for procuring abortion pills for her under-age daughter. The mother was prosecuted following the appointment with her daughter and a GP. That decision is now being judicially reviewed, so there is a live case, which the UK Government will spend money to defend as a result of the provisions of the Bill before us.

Today, we know that the UK Government have been formally notified that A and B, a mother and daughter from Northern Ireland, are taking their battle to the European Court of Human Rights. They are challenging the refusal to allow women from Northern Ireland access to abortion services free of charge in England and have issued legal proceedings against the English Health Secretary. Six years ago, they were forced to raise £900 to travel from Northern Ireland to Manchester in order for B to be treated at a private clinic. I absolutely share the sentiments of my hon. Friend the Member for Bristol South (Karin Smyth) about the importance of value for money within our politics. On the public purse, the crucial thing in this case is that an offer was made to settle with the Government. There was an offer not to proceed with this kind of spending, but the Government have refused. They have ignored the requests to settle this case, even though the law has subsequently changed. That means that public money that could be going on public services in Northern Ireland will be spent contesting that case.

--- Later in debate ---

[Martin Whitfield]

When we look at the cases travelling through the courts and those we can anticipate are going to come forward, we see that there will be only one inevitable conclusion when the judgment comes out. What we have seen over the past few months is pure delay, which has cost money and drawn away from services in Northern Ireland. We know where this is going to end up and it would be better for us to make the change now, in control, and with credit being given where it is due, so that we can move forward and invest properly in Northern Ireland.

[Stella Creasy]

Again, I do not disagree. I believe that these are issues for the people of Northern Ireland, but I recognise that this situation arises in the first place because of antiquated legislation written in the United Kingdom, so it is right that this place takes responsibility for the antiquated legislation that is causing these human rights problems in Northern Ireland.

The trouble for me with all this is that I know that the Secretary of State agrees, because as she said to the Women and Equalities Committee last week, she agrees that the situation with the Northern Ireland Human Rights Commission is untenable. She agrees that it is an error that the commission is not able to bring cases directly. Right now, because of her Government’s failure to act on these issues, we are in the position that it would take a rape victim coming to court and having to explain their situation to address the laws that we have.

The hon. Member for North Down (Lady Hermon) is absolutely right when she points to that Supreme Court ruling, which is what should really matter today, because that is where that public-purse money is going. The Northern Ireland Human Rights Commission took the Government—our own Government—to court. How can we lecture on human rights around the world when our own Government are being taken to court? The Supreme Court ruled that the situation in Northern Ireland was “incompatible” with human rights; that it treated women—UK taxpayers—as “vehicles”; and that it was “untenable” and in need of “radical reconsideration”.

The Court stated:

“Those responsible for ensuring the compatibility of Northern Ireland law with the Convention rights will no doubt recognise and take account of these conclusions, at as early a time as possible, by considering whether and how to amend the law, in the light of the ongoing suffering being caused by it”.

That was June 2018, months and months ago—months of continued suffering for the people of Northern Ireland, and yes, in relation to today’s debate, months of continued expenditure from the public purse to keep these laws in place for women like Sarah Ewart, who went for a 19-week scan and was told that the baby she was carrying had a fatal defect, that the brain and skull had not developed properly and that it would inevitably die, either before it was born or moments after.

The horror about these laws is shown by the horror for Sarah Ewart and her family in the treatment that they then experienced, having had that devastating diagnosis. Mrs Ewart said that she was refused advice on how to seek a termination. When she asked about having an abortion at a hospital in Belfast, doctors informed her that it was not an option in Northern Ireland. When she inquired as to where she might be able to go to seek a termination elsewhere, they said they were not even able to give her any information to help her. They said their hands were tied: “We can’t tell you anything. We would be prosecuted if we give you that information.”

Some days later, having consulted as many people as she could and certain that hers was one of the rare and exceptional cases in which an abortion could be performed in Northern Ireland, Mrs Ewart met a second consultant. That woman banged her files on the desk and said:

“I’m not going to prison for anyone.”

That is the chilling effect of this situation on the human rights of the woman of Northern Ireland in 2019.

The High Court has told us that the situation is untenable. We know that the same egregious distress is caused by the situation around equal marriage. So when I see the Secretary of State saying that it is a devolved matter and trying to deny basic Vienna convention rights, I also see the mess we are in today with this legislation, whereby money will be wasted. There are rights that she should be upholding and acting to protect, but instead we will put money into prosecuting people—into raids and court cases. It is denying people their basic rights—rights that other courts will have to uphold. What a waste. What a waste of time, effort, money and, above all, dignity for the people of Northern Ireland.

These amendments and this debate are about the dignity of the people of Northern Ireland and about treating them as equal citizens of the United Kingdom. They are about not shirking our responsibility to those men and women to uphold their rights, not matter how uncomfortable that may be and no matter how difficult some in this Chamber may find it. The sight of Government-funded lawyers defending the denial of somebody’s right to love who they love must stop. The sight of public prosecutions of women trying to help other women have control over their own bodies—other Sarah Ewarts—has to stop.

The Secretary of State may tell me that the Bill is not the right vehicle to address these issues, or that they are all matters for devolution. What she has to tell me is how much longer the people of Northern Ireland will have to wait before their human rights are seen as equally important to the rights of the coalition. I put her on notice: she may not support our amendment, but we will not stop fighting for equality across the whole United Kingdom. I wager that history is on our side, not hers.

[Sir Mike Penning]

I say this with all due respect: I enjoyed the passionate speech of the hon. Member for Walthamstow (Stella Creasy). I may not have agreed with every word, but frankly I agreed with the vast majority, even though I am a passionate believer in devolution.

I have sat in the Chamber for nearly five hours today, apart from the odd trip to powder my nose. I have intervened on a few Members, but I have made no speeches—I turned up five minutes into Second Reading, too late to speak. That is my fault and no one else’s, but I will try to make up for it now.

I have several points to make about the Bill, but there is one in particular that the hon. Lady might agree with. The first page of the Bill includes a compatibility statement:

“Secretary Karen Bradley has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill are compatible with the Convention rights.”

I am not convinced that the provisions are compatible with convention rights, nor am I convinced that the Bill will do what we were sent here to do. Representation through taxation, the principle that Parliament stands for in this democracy of ours, was set out 900 years ago: we are supposed to look at how the taxpayer’s money is being spent. In passing a Bill because there is no devolved Assembly in Stormont, frankly we are offering a sop to Sinn Féin, which will not participate either in this Chamber or in the Stormont Assembly—that is why it has collapsed.

We cannot say that on the one hand we are willing to pass the Bill, but that on the other hand this is a devolved matter; I think that that is the hon. Lady’s point. This type of Bill will keep coming back—she certainly will. If we believe in devolution, in the Union of this country and in the rights of the people of Northern Ireland to be represented not only here but in their Assembly in Stormont, at some stage we will have to bite the bullet and say that enough is enough. If a political party is not willing to participate, we—the Parliament of the Union of this great nation of ours—will have to step up to the plate and do something about it.

--- Later in debate ---

[Karen Bradley]

I absolutely understand the hon. Gentleman’s point, but I gently say that this is a very technical Bill that is putting spending that has already happened on a statutory basis. It is about money that has been scrutinised in this House, which we have voted to be allocated to Northern Ireland in previous debates. We are talking about putting the decisions that civil servants took and the money that we have agreed that they can spend on a proper statutory basis. I absolutely understand the frustrations about a lack of scrutiny—I want more scrutiny. However, the right, constitutional way to do that—the way this House has agreed we should do that—is to have an Assembly and Executive sitting in Stormont doing the appropriate scrutiny.

I return to the amendment tabled by the hon. Member for Walthamstow. I know how strongly she feels about this issue, and I know that she wants to see change, but this is not the Bill to do it in. This is a technical Bill. She wants success in what she is trying to achieve, and I therefore urge her to withdraw the amendment.

[Stella Creasy]

The Secretary of State, by refusing to recognise her responsibility to uphold the human rights of the people of Northern Ireland, is creating a situation by which public money will potentially be spent on cases like the one that Sarah Ewart was involved in. What is her message to Sarah Ewart and all the other women she is letting down by refusing to stand up for their human rights?

[Karen Bradley]

I do not accept what the hon. Lady said. We have appropriate and proper separation of the judiciary and Parliament. The prosecuting services in Northern Ireland, the police and others must decide what investigations they undertake, based on the law as it stands. Her concerns are with the law, and I understand that. I very gently say to her that I and the UK Government are committed to all our obligations under international law, including the European convention on human rights. It is for the politicians whom the people of Northern Ireland elected to do the right thing by those people. I understand how strongly the hon. Lady feels about this issue, but this is not the right vehicle for what she wants to do. I urge her to withdraw the amendment.

[Stella Creasy]

I recognise that this is a spending Bill and is not the right place for this, but I want to put the Secretary of State on notice that until she recognises her responsibly for human rights, this House will take every single opportunity to speak up for the Sarah Ewarts of Northern Ireland. She clearly will not, but we will.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 9 ordered to stand part of the Bill.

Schedules 1 to 4 agreed to.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Stella Creasy Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

We do not want to end up accidentally in the horrible position where this Parliament acts for England, the Welsh Assembly acts for Wales and the Scottish Parliament acts for Scotland, taking key decisions on what might be new policy areas, such as fishing or agriculture, but Northern Irelanders cannot have those decisions taken on a timely and sensible basis. We all need to understand that somebody somewhere has the power to take those decisions—to put in place whatever new arrangements need to be made—in good time, so that we are not rushing around at the end of March, trying to find a short fudge to get us over the line. It would help if the Government clarified either that all those important issues in amendment 2 can be covered by the existing guidance, as drafted in the Bill, or that some other mechanism will be in place to take those important decisions.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I shall speak to new clause 7, which is about equal rights in Northern Ireland. I hope that Members across the House who have already supported the new clause will recognise that it is an incredibly reasonable request to put to the Secretary of State, about an incredibly important issue for the House, and indeed for many people in Northern Ireland.

I do not intend to speak for long, because many others wish to get in. I simply want to set out three important points about this reasonable new clause—first, how it respects devolution; secondly, why it addresses issues that cannot simply be left any longer; and thirdly, how we believe it has relevancy to this House and the obligations of Members of this House as part of the Good Friday agreement.

The new clause requests the Secretary of State’s acts to be held to account because of what the Bill does—it recognises that since March 2017, we have not had an Assembly in Northern Ireland. [Interruption.] January 2017; I apologise to the Secretary of State. It has been too long for residents of Northern Ireland not to have a functioning Government, and it has an impact on their lives. The Bill recognises that resolving the dysfunctions behind that is far ahead of us at the moment, and so gives powers to the Secretary of State and to the civil servants to exercise the functions of Government. [Interruption.] It does give power to the Secretary of State because it gives her guidance powers; I believe those are quite powerful, and the new clause speaks to those powers.

For avoidance of doubt, the new clause would not create a new law in Northern Ireland, but it would recognise that there are thousands of people in Northern Ireland whose lives, right now, are affected by two key human rights issues; and they are indeed human rights issues, because they are issues on which our courts are currently discussing, ruling and indeed appealing. They refer in particular to a person’s right to marry who they love, and also to the right of women to have bodily autonomy—to make the choice, if they so wish, not to continue with an unwanted pregnancy. Both of these have been subject to court action, because we recognise that in Northern Ireland they have different rules.

Let us talk about the consequences of those rules. When it comes to abortion, we know that right now in Northern Ireland, if you are raped, and you become pregnant as a result of that attack, and you seek a termination, you could face a longer prison sentence than your attacker. We know too that gay couples in Northern Ireland, when they step off the plane, no longer have their relationship respected in the way that any of us would wish our relationship to be respected. They do not have equal marriage in 2018.

Both of these sets of circumstances come about as a direct result of legislation that was written in this place. First and foremost, sections 58 and 59 of the Offences Against the Person Act 1861, and also, because of the Matrimonial Causes (Northern Ireland) Order 1978. So there is a relevancy for us in this House, because legislation written here is having a direct impact on the human rights of people in Northern Ireland today.

[Layla Moran]

Can the hon. Lady confirm something that Northern Ireland Amnesty told me, which is that, yes, powers are theoretically devolved to Northern Ireland, but there is no piece of human rights legislation that has been passed at Stormont; and actually, all changes to human rights law in Northern Ireland have been passed in this place?

[Stella Creasy]

I know that the hon. Lady also feels strongly about this issue. If I may, however, I shall now deal with—in particular—the human rights obligations that I believe we have in this place as a direct result of the Good Friday agreement.

There is a theoretical argument about what those pieces of legislation mean, and there is the human impact of what they mean for people in Northern Ireland.

[Lady Hermon]

Will the hon. Lady give way?

[Stella Creasy]

I will shortly, but I feel that the Committee wants to hear the figures that I am about to give.

A year and a half ago, the House voted to allow women from Northern Ireland to come to England and Wales and have abortions on the NHS. We now know that 28 women a week travel to this country for that very purpose. We also know that our own Supreme Court says that it is a cruel and degrading treatment of our own citizens to require them to travel. Many cannot travel. Many find that journey lonely, frightening and difficult, at the very time when they are at their most vulnerable. We also know that a year ago, 84 couples in Northern Ireland had to have civil partnerships because they could not have the basic equality of recognition before the law of their relationship as a marriage. That is the very human impact of those ancient pieces of legislation that we crafted in this place.

I will now happily give way to the hon. Member for North Down (Lady Hermon), because I want to hear from her.

[Lady Hermon]

I am very grateful to the hon. Lady. She will be well aware of the Supreme Court ruling in, I think, June this year which established—the majority of the judges made it quite clear—that the existing abortion legislation in Northern Ireland was “deeply unsatisfactory” in relation to fatal foetal abnormality and sexual crime. The law in Northern Ireland will have to change. That was a ruling in the Supreme Court, our highest court in the United Kingdom. The hon. Lady made clear at the beginning of her speech that her new clause would not change the law in Northern Ireland, so if it is passed this evening, or even put to a vote, what exactly will be the consequence?

[Stella Creasy]

The hon. Lady has raised an important point. That court judgment in June 2018 held us all to account for what we were doing about human rights. It was simply because the Northern Ireland Human Rights Commission was not a direct victim of that policy that the policy could not be enacted. We learnt today that Sarah Ewart, an incredibly brave woman, is continuing the court process, because there is no other form of redress and remedy at present.

As the Government have previously said, these are matters on which the Assembly, were it to be functioning, should be able to act; but, as we said at the start, the Bill constitutes a recognition that the Assembly is not functioning, and is unlikely to be functioning soon. What, then—this is the human question—do women like Sarah Ewart do? What, then, do people who love each other do when their politicians fail them? What do the public do? The new clause asks that question in a way that none of us can ignore. It asks the Secretary of State to take on the responsibility of reporting on what she will do.

[Simon Hoare (North Dorset) (Con)]

Will the hon. Lady give way?

[Stella Creasy]

I will happily give way, but I do want to make some progress, because I know that other Members want to speak.

[Simon Hoare]

Surely, in those circumstances, one just changes the politicians through the ballot box.

[Stella Creasy]

With respect, I wonder whether the hon. Gentleman has read the legislation on which we are voting today, because it constitutes a recognition that there will not be an election in Northern Ireland any time soon to make that possible. So I repeat my question to him: what do the women do who need that help now, who deserve that respect and equality when it comes to control over their own bodies, and who might be in that dreadful position that involves a fatal foetal abnormality? What do they do now?

What those women do now is look to this place to be able to assist them. They look to the Secretary of State, and to the piece of legislation that she is creating, and they can look to the new clause to hear the call from this place that we will not ignore them. We will hold ourselves to account, and will hold Secretaries of State to account, for the incompatibility in human rights that the continued existence of those two pieces of legislation represents in their lives. That is what this incredibly reasonable new clause does. It does not create a new law, but it does not shy away from recognising the impact of those existing laws either. In that sense, it is entirely within the spirit of the Good Friday agreement.

Twenty years ago, our predecessors in this House, alongside their colleagues from the Irish Government, swore to uphold the human rights of the Northern Irish communities. They swore in the Good Friday agreement to make sure that there was an equivalency of rights. Every single month that passes, that promise comes into stark relief, because when we look at the Republic where same-sex marriage is legal and look at that historic referendum this year when abortion became legal in the Republic, we can see that that request not to have different rights is becoming tested.

The Good Friday agreement also required this House and UK politicians to act alongside their Irish counterparts, and that is what this new clause can do, while respecting our shared desire to see the Assembly up and running. So it is a very simple amendment, and I am sorry that it has come to this point and the Secretary of State does not feel able to accept it, and I am proud that it has cross-party support, because that respects and recognises that upholding human rights cannot be something we simply talk about doing abroad but do not recognise on our own doorstep.

I also think there has to be some honesty here. There are some Members of this House who do not believe that women anywhere should have bodily autonomy; there are some Members of this House who do not believe we should be able to marry the person we love. But I make a simple plea to those people: “Be honest with the people of Northern Ireland that your objection is that, and do not use devolution as a decoy for a denial of their human rights.”

[Layla Moran]

I say this to be helpful to others in the House. I went to Belfast recently—to Stormont—and I had not appreciated that same-sex marriage has majority support among MLAs and a huge amount of support in terms of public opinion. The reason why it did not pass is because there is a thing called the petition of concern which essentially acts as a veto, so to say that there is not support and the people of Northern Ireland should just change their politicians does not work in this case; it has to be us who take that leap for them.

[Stella Creasy]

I thank the hon. Lady for that intervention. Sadly, on both issues opinion polls show us that the politicians in Northern Ireland are behind the public consistently; indeed, they are behind their own supporters when it comes to both issues. [Interruption.] The right hon. Member for South Holland and The Deepings (Mr Hayes) is chuntering from a sedentary position; I understand that he has philosophical objections on some of the issues in this debate, but I hope he will have respect for the people of Northern Ireland and therefore agree that the case should be heard as to why the Secretary of State should be asked to protect their human rights and to be held to account for what is happening.

[Mr John Hayes (South Holland and The Deepings) (Con)]

rose—

[Stella Creasy]

I happily give way.

[Mr Hayes]

That means I will not have to chunter from a sedentary position, so I am grateful to the hon. Lady. Just to be clear about public opinion in Northern Ireland, the latest polling, which was authoritative—it was not a rogue poll—shows that the overwhelming majority of Northern Irish women favour the status quo, and interestingly that was broken down by age and younger Northern Irish women are no more in favour of changing to the position the hon. Lady wants than older ladies.

[Stella Creasy]

I am fascinated by the poll the right hon. Gentleman cites. Let me give him the direct data from the Amnesty International poll taken this year, which says that 65% of people in Northern Ireland think abortion should be decriminalised and 66% think Westminster should act in the absence of the Assembly. Let me also cite for him the Sky News poll of 2018 that shows that 76% of people in Northern Ireland support equal marriage. I say to him gently again that I understand that he has philosophical objections on some of these issues, whether from religious or moral conscience, and I respect that, but it is not enough to say this is about devolution on that basis. He needs to be honest with this House that his objection is about conscience, because there is not a devolution objection to this new clause. The new clause respects devolution, but it also asks us to respect human rights.

Ten years ago we had the opportunity to change things for women in Northern Ireland and that did not happen, and as a result we know from studies that 10,000 women have either had to travel to England to have an abortion or have taken pills bought online. If we reject this new clause, are we really trying to say that 10 MPs matter more than those 10,000 women whose lives have in the last 10 years been affected by our failure to act?

[Anna Soubry]

Will the hon. Lady also make it very clear that the rather barbaric and antiquated laws that exist in Northern Ireland are not even effective, because all they mean is that, as she said, about 28 women every week have to come over to England and Wales? So the laws are not working in any event, and this just makes them even more barbaric because women have to travel to exercise the same rights that my constituents have.

[Stella Creasy]

I share the passion of the right hon. Member for Broxtowe (Anna Soubry) on this matter and increasingly on many other things. She is absolutely right. Stopping safe, legal abortion does not stop abortions happening; it just stops safe abortions happening, as we have seen from the women taking pills who have been unable to seek help from their doctors in Northern Ireland. Stopping same-sex marriage does not stop people of the same sex falling in love with each other; it just stops them having the equal respect and dignity that comes from being able to marry who they love and say it proudly. It is a simple right that all of us in this Chamber would want and that all of us seek for our constituents.

However, I recognise that those are matters for the Assembly, and that is why I want to remind Members here that this new clause respects that process because it looks at the legislation before us today and asks who, in the absence of a functioning Assembly, can be the champion of the human rights of the people of Northern Ireland. It asks who can address the incompatibilities that these court proceedings are identifying, and who can ensure that we do not spend another 10, 20 or 30 years hearing the stories of shame, of hurt and of the rights abuses of the people of Northern Ireland, and simply shrugging our shoulders because politicians cannot get their act together to have an Assembly.

--- Later in debate ---

[Karen Bradley]

I understand all the points that the hon. Gentleman has made, but the new clause is flawed. It is flawed because the Bill does not allow the law to be changed. It does not make civil servants lawmakers. It asks them to work within the confines of the law as it exists today. We do not want to be in a position in which civil servants are changing the law. I am not, as Secretary of State, changing the law on any devolved matter in Northern Ireland; I am giving guidance to the civil servants to allow them to make decisions within the existing law.

[Stella Creasy]

I hear the Secretary of State say that, yet I see officials in the Northern Ireland Department of Health, in their response to the programme enabling women to come to England for abortions, doing exactly what she has just said she does not want civil servants to do. It is already happening. The Bill will confirm the power that they have to do that, because the Secretary of State is giving them powers in the absence of the Assembly. Will she at least recognise that she has a powerful role to play as a check and balance in that process, and that that is what the new clause is about?

[Karen Bradley]

Let me say very gently to the hon. Lady that I disagree with her interpretation of what the new clause would do. It would put the NICS in an impossible position, given that the guidance makes it clear that in exercising its functions, it must act at all times in accordance with the law. Let me stress again that the Bill cannot force Northern Ireland Departments to change the law as the new clause seeks to do.

--- Later in debate ---

[The First Deputy Chairman of Ways and Means (Dame Eleanor Laing)]

I call Stella Creasy to move new clause 7 formally.

[Stella Creasy]

I move new clause 7 formally. We love whom we love. We all want control over our bodies. Let us choose to give each other—

[The First Deputy Chairman]

We have done that bit.

New Clause 7

Equal rights for people of Northern Ireland (No. 2)

‘(1) In the absence of Northern Ireland Ministers to address the matters identified by recent, current and future court proceedings in relation to the human rights of the people of Northern Ireland, the Secretary of State must issue guidance to senior officers of all Northern Ireland departments which will specify how to exercise their functions in relation to—

(a) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of sections 58 and 59 of the Offences against the Person Act 1861 with the Human Rights Act 1998, and

(b) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of section 13(e) of the Matrimonial Causes (Northern Ireland) Order 1978

where they pertain to the provision and management of public services in Northern Ireland.

(2) The Secretary of State shall report guidance under this section on a quarterly basis to the House of Commons and set out her plans to address the impact of the absence of Northern Ireland Ministers on human rights obligations within three months of the day on which this Act is passed.”—(Stella Creasy.)

This new clause would increase accountability of the Secretary of State and senior officers of Northern Ireland departments for their role in ensuring human rights compliance in Northern Ireland, in the absence of Northern Ireland Ministers, by requiring them to address incompatibilities between legislation applied in Northern Ireland and human rights obligations.

Brought up,

Question put, That the clause be added to the Bill.

Northern Ireland (Executive Formation and Exercise of Functions) Bill (Business of the House)

Stella Creasy Excerpts

Wednesday 24th October 2018 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I beg to move a manuscript amendment, in line 43, paragraph (6), after sub-paragraph (b) at end insert—

“(ba) the question on any amendment, new clause or new schedule selected by the Chair or Speaker for separate decision.”

There is much talk right now in this Chamber, and indeed in our country, about what a meaningful vote is. I wager that a meaningful vote is one that people can vote on—a very simple line. My hon. Friend the Member for St Helens North (Conor McGinn) and I have tabled this amendment to today’s programme motion because we are concerned about the programme motion. Let us be clear: we understand that this is considered emergency legislation. We have no desire to delay this important legislation as it passes through the House, but because it is emergency legislation it is all the more important that, where there are concerns about what it may concern, or may include, or may not include, the House is able to take a view and Members are able to decide. Therefore, to see the programme motion today and discover that a crucial element of it—one that is in most other Bills—is missing is a concern to us. It is the part that allows the Chair of proceedings the right to select any amendment, new clause, or new schedule for a vote. To remove that section of a programme motion and not to inform the Opposition of that is a concern to us because it recognises that there may be issues on which Members have a strong view, but, by dint of the programme motion, not by the consent of the House ahead of the time, they would not get a say on them.

I am sure that the error is in overlooking the matter rather than a deliberate intent by the Whips to deny a debate. Therefore, my hon. Friend and I wish to be extremely helpful, which is why we have tabled a manuscript amendment to restore that section of the programme motion, which allows the Speaker and the Chair, at their discretion, to select any amendment, new clause, or new schedule for a meaningful vote on this legislation.

I say to everyone in this House that, whatever they think of the amendments tabled for today, to cross this Rubicon and decide that there are some matters on which the House should not be paramount is a dangerous move to make. I also say that the people of Northern Ireland, who have already seen so much democratic dysfunction, deserve better from this House.

[Heidi Allen (South Cambridgeshire) (Con)]

rose—

--- Later in debate ---

[Stella Creasy]

I will happily quickly give way to the hon. Lady, but I know that the House wants to get on and have its say about this process.

[Heidi Allen]

I will be very swift indeed. I just want to say to the hon. Lady that there are many colleagues on the Conservative Benches who are absolutely with her on this, and that this item should be voted on.

[Stella Creasy]

I thank the hon. Lady, because I know that she, like me, believes that the democratic process must be open and transparent, no matter how difficult the conversation and the issues at hand may be.

I hope that all the House will agree that it is right to stick to the kinds of programme motions that we have all come to know and love. With that, I move this manuscript amendment.

Supreme Court Ruling: Abortion in Northern Ireland

Stella Creasy Excerpts

Thursday 7th June 2018 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

(Urgent Question): To ask the Northern Ireland Secretary, following the ruling of the Supreme Court, whether sections 58 and 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945 are incompatible with articles 3, 8 and 14 of the European convention on human rights.

[The Secretary of State for Northern Ireland (Karen Bradley)]

I thank the hon. Member for Walthamstow (Stella Creasy) for this question and I once again pay tribute to her and to all the other hon. Members who contributed to the debate on these issues in the House on Tuesday. I recognise the strength of feeling and the personal stories that lie behind this issue, many of which we heard on Tuesday. That is the case regardless of where people’s views lie. As I have said in the House before, abortion is an extremely sensitive issue and there are many strongly held views across all sides of the debate on reform right across the UK, including Northern Ireland.

Members will be aware that the Supreme Court issued its judgment in this case this morning. The Government are carefully considering the full judgment and its implications. No formal declaration has been made by the Court, and the appeal has been dismissed. The analysis and comments of the Court on the issue of incompatibility will be clearly heard by this House and by politicians in Northern Ireland. While the Court made no formal declaration, a majority of judges stated their view that the laws on abortion in Northern Ireland are incompatible with article 8 of the European convention on human rights—the right to respect for private and family life—in cases of fatal foetal abnormality, rape and incest.

This is clearly a complex area of law and an extremely sensitive subject matter which raises a number of different issues to consider. I am sure that the House will understand, given that the judgment is more than 140 pages in length, that further consideration of it is needed. I am continuing to engage with the parties in Northern Ireland, where these issues are understandably being raised and discussed. It is therefore important for all of us, including the people of Northern Ireland, to consider this judgment and to approach ongoing debate on this issue with due care and sensitivity. My urgent priority is to continue to engage with the parties in Northern Ireland and to re-establish devolved government in Northern Ireland so that decisions can be taken there.

[Stella Creasy]

Today, our Supreme Court has ruled that the law on abortion in Northern Ireland is in breach of the human rights of women in Northern Ireland. Let us weigh that sentence for a moment, as a House. Our own law is breaking the basic human rights of our own citizens. These are laws that the Government have said they will retain whether we leave the European Union or not. They are the laws that underpin our own democracy and our own freedom.

A clear majority of the Law Lords have found that how women in Northern Ireland are treated is incompatible with article 8: the right to respect for private and family life. Two judges have also held that the law on abortion is in breach of article 3: the right to be free from inhuman and degrading treatment. The Court was clear that to deny a woman access to abortion care breaches a woman’s right to bodily autonomy—to be able to control what happens to her own body and not to be forced to continue an unwanted pregnancy even in instances of rape and incest.

The Court also was clear that the Government must have known that that was the case because of the United Nations ruling. Despite this, just two days ago the Secretary of State told this House of Parliament, as she has said today:

“Abortion has been a devolved matter…and it would not be appropriate for Westminster to seek to impose its will, or to be the arbiter”.—[Official Report, 5 June 2018; Vol. 642, c. 220.]

Clearly this ruling challenges that disregard for the human rights of women in Northern Ireland.

The only reason the Government are not facing a requirement to act today is that those bringing the case were not victims; the Northern Ireland Human Rights Commission brought the challenge. The House should hear the words of Lord Mance himself:

“the present law clearly needs radical reconsideration. Those responsible for ensuring the compatibility of Northern Ireland law with the Convention rights will no doubt recognise and take account of these conclusions, at as early a time as possible, by considering whether and how to amend the…1861 Act.”

Are the Government today really going to require a rape victim to give evidence in open court to be able to access this declaration and to force them to act? Are we parliamentarians, with the responsibility under the Good Friday agreement to uphold the human rights of all Northern Irish citizens, going to pretend that if they make that happen, we are doing our job? The women of Northern Ireland deserve better. They deserve control over their bodies. They deserve not to be forced to go to court and talk about such issues to get the Government to listen. They deserve the kind of control that Arlene Foster currently has over this Government.

The Secretary of State has the power to direct Northern Irish Departments to take such action that is required under international obligations. Human rights are an international obligation. Minister, I beg of you, do not make a victim go to court. Name the date that the domestic abuse Bill will come to Parliament, so that we can get on and end this scandal. We cannot just take back control; we can give it.

[Karen Bradley]

I know that the hon. Lady feels strongly about this issue. The whole House will have heard her words, which were delivered with such passion, but we need to be clear about what the Court was considering. It was looking specifically at the laws in Northern Ireland. She talked about a clear finding, but the Court has not made a declaration of incompatibility. In fact, on fatal foetal abnormality, the judges found five to two in favour, but it was only four to three on rape and incest. Those were majority decisions, not the judges’ unanimous view.

The Government’s view is that the decisions about abortion and the laws that apply in Northern Ireland should rightly and properly be decided by the people of Northern Ireland and their elected politicians. That is why I call on those politicians to come together to form a Government in Stormont and deal with the issue, because I, like the hon. Lady, want to ensure that the personal stories that we have all heard are dealt with. [Interruption.] I can hear her talking from a sedentary position, and I know how strongly she feels about this, but many people in the House feel strongly about this issue, and the right way to deal with it is in Stormont. I will continue to consider the judgment, which is 143 pages long, and there is much that we need to look at. However, I repeat that this is a matter for the politicians in Northern Ireland, all of whom I will be speaking to later today.

Offences Against the Person Act 1861

Stella Creasy Excerpts

Tuesday 5th June 2018 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

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 (Dewsbury) (Lab)]

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]

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.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Will the hon. Lady give way?

[Stella Creasy]

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

[Caroline Lucas]

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]

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 (Lichfield) (Con)]

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]

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 (Swansea East) (Lab)]

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]

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 (North Down) (Ind)]

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]

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 (Na h-Eileanan an Iar) (SNP)]

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]

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 (Dwyfor Meirionnydd) (PC)]

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]

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 (Bath) (LD)]

Will the hon. Lady give way?

--- Later in debate ---

[Stella Creasy]

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]

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]

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 (North Antrim) (DUP)]

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]

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 (Lincoln) (Lab)]

Will my hon. Friend give way?

[Stella Creasy]

If I may, I will continue—

[Karen Lee]

It is one sentence on that point.

[Stella Creasy]

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

[Karen Lee]

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]

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 (Upper Bann) (DUP)]

Will the hon. Lady give way?

[Stella Creasy]

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

[David Simpson]

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]

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]

Will my hon. Friend give way?

[Stella Creasy]

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.

[Several hon. Members rose—]

--- Later in debate ---

[Karen Bradley]

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]

Will the Secretary of State give way?

[Karen Bradley]

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

[Stella Creasy]

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]

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]

rose—

[Karen Bradley]

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

[Stella Creasy]

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]

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 (Edinburgh North and Leith) (SNP)]

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]

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]

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]

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.

Oral Answers to Questions

Stella Creasy Excerpts

Wednesday 20th April 2016 Commons Chamber

[The Prime Minister]

To give my right hon. Friend some details, the OBR did not take into account, for instance, the agreements we have just reached with the European Union over welfare and other immigration restrictions. The Treasury document is very clear that it is not about making all sorts of different assumptions about variables, but takes a very clear set of statistics established by the OBR. That is why it was interesting when the Governor of the Bank of England came out and said that it was an analytically robust process. As for the detail, it does not take into account the agreement that we reached in Europe.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Q11. In 2009, Michelle Samaraweera was brutally raped and murdered in Walthamstow. Since 2011, a man who is wanted in connection with that crime and seven other counts of sexual violence in my constituency has been evading extradition from India. There have been more than 30 court appearances to date and another one is planned for tomorrow, yet despite the severity of the crime and the delay in those proceedings, there is no record of any ministerial or diplomatic representations from either the Foreign Office or the Home Office. Will the Prime Minister personally commit today to putting that right and to raising the matter directly with his counterpart, Narendra Modi, so that we can finally seek justice for Michelle?

[The Prime Minister]

I am very happy to give the hon. Lady that assurance. The British Government always raise all these individual cases if that is what the victims want us to do, just as we raise cases where there are British people stuck in the Indian justice system. I was not aware of the specific case, but if she gives me the details I will make sure that we raise it appropriately.