Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, with reference to the Northern Ireland (Executive Formation) Bill (2023) and the Retained EU Law (Revocation and Reform Bill), what measures he has put in place to enable retained EU within the devolved competency of the Northern Ireland executive to be retained, replaced or restated ahead of the sunset clause of 31st December 2023.
Answered by Steve Baker - Minister of State (Northern Ireland Office)
UK Government officials have been proactively engaging with The Executive Office in Northern Ireland on the progress of the Bill and the wider retained EU law reform programme and have established regular intergovernmental meetings intended to support the Northern Ireland Civil Service with the identification of which REUL is devolved or reserved, as part of the retained EU law reform programme and wider Whitehall departmental engagement.
The UK Government is committed to sustained engagement with the Executives Office and devolved counterparts.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, with reference to the Northern Ireland (Executive Formation) Bill (2023) and the Retained EU Law (Revocation and Reform) Bill, what discussions he has had with colleagues in Westminster and Northern Ireland regarding the impact of the December 2023 sunset clause on legislation contained within the Northern Ireland Protocol.
Answered by Steve Baker - Minister of State (Northern Ireland Office)
The UK Government is committed to ensuring that necessary legislation is in place to uphold the UK’s international obligations, including the Northern Ireland Protocol, the Withdrawal Agreement and the Trade and Cooperation Agreement after the sunset date in the Retained EU Law Bill.
UK Government Officials have been proactively engaging with their counterparts in the Northern Ireland Civil Service on the progress of the Bill and the wider retained EU law reform programme and have established regular intergovernmental meetings intended to support devolved counterparts with the identification of which REUL is devolved or reserved, as part of the retained EU law reform programme and wider Whitehall departmental engagement. The UK Government is committed to sustained engagement with devolved counterparts as part of this work.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, further to his written statement of 24 March 2022, what recent assessment he has made of the Northern Ireland's Department of Health's levels of compliance with the direction to provide access to abortion for women in Northern Ireland; and if he will make a statement.
Answered by Brandon Lewis
On 24 March, I made a commitment to return to Parliament after the Assembly election to make regulations on abortion, if no progress had been made by the Northern Ireland Department of Health towards the provision of services.
Regretfully, the Department of Health failed to make progress. That is why, on 19 May, I laid regulations to ensure abortion services are commissioned for women and girls in Northern Ireland. I have made a Written Statement in Parliament to set out the details of those regulations.
These regulations mean that the Department of Health will have no further barriers to commission and fund these services, and if it does not do so as directed, the Government will then move to intervene further.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, pursuant to the Answer of 18 May 2020 to Question 46639, what assessment he has made of the effect on the provision of abortion services in Northern Ireland under Section 9 of the Northern Ireland (Executive Formation etc.) Act 2019 of the cessation of the recently introduced early medical abortion service.
Answered by Robin Walker
As the honourable Member is aware, the Abortion (Northern Ireland) (No.2) Regulations 2020 we made have been in place since 31 March 2020. Since then, we have been dealing with the response to Covid-19 right across the UK. I very much welcome the services that have been operating on the ground in Northern Ireland through existing sexual and reproductive health clinics across the health and social care trusts.
I hope that these services can continue, and those that have ceased can resume, in parallel to longer-term services being commissioned as soon as possible, together with appropriate support and guidance in place so that access is available locally in all cases set out in the regulations, and that both women and clinicians are well supported. The Government and Department are continuing to engage on this issue with the Executive and the Northern Ireland Minister of Health in particular and his department.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, with reference to the statement of 26 June 2020 from the Minister of Health in Northern Ireland that decisions remain to be taken on the commissioning of abortion services in NI’s health service. Commissioning is a significant process that will require a public consultation. It will clearly be matter for the Executive and Assembly as well as the Department, and pursuant to the Answer of 6 July 2020 to Question 66853 on Abortion: Northern Ireland, what steps he is taking to fulfil his obligation under section 9 of the Northern Ireland Formation Act 2019 to ensure that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented.
Answered by Robin Walker
In accordance with section 9 of the Northern Ireland (Executive Formation etc.) Act 2019, regulations are now in place to make provision for accessing abortions in Northern Ireland. These regulations implement several of the recommendations in paragraphs 85 and 86 of the CEDAW report.
The Government response to the consultation sets out how the Government is ensuring implementation of all of the recommendations that remain outstanding. We will continue to work closely with the relevant Northern Ireland departments, where relevant, in continuing to progress this work over the coming months.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, pursuant to the Answer of 1 June 2020 to Question 51932, on Abortion: Northern Ireland, and with reference to the statement of 26 June 2020 from the Minister of Health in Northern Ireland that, Decisions remain to be taken on the commissioning of abortion services in NI’s health service. Commissioning is a significant process that will require a public consultation. It will clearly be matter for the Executive and Assembly as well as the Department, what assessment he has made of the potential merits of exercising his powers under section 26 of the Northern Ireland Act 1998 to direct the Department of Health in Northern Ireland to commission services to comply with section 9 of the Northern Ireland Executive Formation Act 2019.
Answered by Robin Walker
I refer to my answer to Question 51932. The duty to implement the CEDAW recommendations under section 9 of the Northern Ireland Executive Formation Act is a matter of domestic, not international, law, and as such we have not yet considered making an assessment of exercising powers under section 26 of the Northern Ireland Act 1998.
We hope that longer term services can be commissioned as soon as possible in Northern Ireland, consistent with the Regulations and we will continue to work with the relevant Northern Ireland departments to achieve this.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, pursuant to the Answer of 18 May 2020 to Question 46639, on Abortion: Northern Ireland, if he will make an assessment of the potential merits of exercising his powers under section 26 of the Northern Ireland Act 1998 to direct the Department of Health in Northern Ireland to commission services to comply with section 9 of the Northern Ireland Executive Formation Act 2019.
Answered by Robin Walker
In accordance with section 9 of the Northern Ireland (Executive Formation etc.) Act 2019, regulations are now in place to make provision for accessing abortions in Northern Ireland.
The duty to implement the CEDAW recommendations under section 9 of the NIEF Act is a matter of domestic, not international, law.
Therefore we have not yet considered making an assessment of exercising powers under section 26 of the Northern Ireland Act 1998.
We hope that longer term services can be commissioned as soon as possible in Northern Ireland, consistent with the Regulations and we will continue to work with them to achieve this.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, whether he has made an assessment of the potential merits of exercising his powers under section 26 of the Northern Ireland Act 1998 to direct the Department of Health in Northern Ireland to commission services to comply with section 9 of the Northern Ireland Executive Formation Act 2019; and if he will make a statement.
Answered by Robin Walker
In accordance with section 9 of the Northern Ireland (Executive Formation etc.) Act 2019, regulations are now in place to make provision for accessing abortions in Northern Ireland.
I am pleased that some service provision has commenced on the ground in Northern Ireland through existing sexual and reproductive health services during this uncertain time.
I recognise the strain on the Northern Ireland health system at present. The Government stands ready to provide whatever support we can to the Department of Health in Northern Ireland to commission full abortion services, in line with the new legislative framework, as soon as possible. Consequently, no assessment has been made of exercising powers under section 26 of the Northern Ireland Act 1998.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, when the consultation on section 9 of the Northern Ireland (Executive Formation etc) Act 2019 will be launched; and what the terms of the consultation will be.
Answered by Julian Smith
The Government believes that a period of consultation on the issues of abortion law in Northern Ireland is the right thing to do, given the range of sensitive policy issues that need to be carefully worked through. We will be looking to shortly launch a consultation on the proposed new legal framework to be in place by 31 March 2020.
The consultation will focus on how we can deliver the proposed new legislative framework for Northern Ireland, consistent with the recommendations in the United Nations Convention on the Elimination of all Forms of Discrimination Against Women Report, Inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, to deliver on the statutory duty in section 9 of the Northern Ireland (Executive Formation etc) Act 2019.
Asked by: Stella Creasy (Labour (Co-op) - Walthamstow)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, whether the provision in paragraph 5 of Schedule 3 of the Withdrawal Agreement Bill, enables the Northern Ireland Human Rights Commission to consider (a) human rights cases in its own name under sections 3 and 4 of the Human Rights Act 1998 and (b) alleged breaches of Convention rights in relation to primary legislation.
Answered by Julian Smith
Yes, it is the intention that the Northern Ireland Human Rights Commission will be able to bring human rights cases in its own name to challenge alleged incompatible acts or legislation under the Human Rights Act 1998.