Northern Ireland (Executive Formation etc) Act 2019 Section 3(5)

Debate between Stella Creasy and Gavin Robinson

Wednesday 16th October 2019 Commons Chamber

[Gavin Robinson]

I could not agree more. It was a great shame that back in July that disincentive was provided to the restoration of the Assembly, and we are seeing the outworkings of that.

Is it not bizarre that those who propose the changes in this legislation and who framed it in a way that allowed the Assembly to return failed to recognise that disincentive? Even this evening, when it is suggested that these devolved matters should be considered by a devolved Assembly, should it be restored, they are outraged. They are outraged by devolution, outraged by local democracy and outraged that people who are elected to represent their constituents in Northern Ireland, from whatever perspective, should have the ability to legislate on the issues that matter.

[Stella Creasy]

Will the hon. Gentleman give way?

[Gavin Robinson]

I will, but I am conscious of time and I have a bit more to say.

[Stella Creasy]

For the avoidance of doubt, no Labour Members are opposing devolution. Many of us have been strong supporters of it in many different ways. We are concerned tonight to hear that a piece of legislation written in good faith in this House is going to be amended to say something different by the Government—that is what the Minister will have to do, because it does not say that. That is the concern. This is about honesty with the British public about what we voted for and intended that is now up for grabs.

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[Gavin Robinson]

That is right. The people of Northern Ireland are concerned by the proposals and by the absence of any regulation over the next five months. We will be devoid in Northern Ireland of any legislative protection. The Minister referred to section 25 of the Criminal Justice (Northern Ireland) Act. I do not believe he was right. I would like him to consider this point. He indicated that it provided a legal protection from termination during this five-month period, but it applies only to a woman whose pregnancy is at such an advanced stage that the child is capable of being born and living. We are talking about towards the end of gestation, arguably 27 or 28 weeks. At that stage, there would be some difficulties, but not a barrier.

People have talked in this Chamber about legislation in England that says that healthcare professionals have to be regulated individually, but that is not the case in Northern Ireland. The piece of paper I am holding here is a legal opinion from a QC who is pre-eminent in the field of healthcare. He is also a former Labour Member of Parliament: David Lock. This legal opinion lays out in stark terms the lack of any legal protection that will be available in Northern Ireland over the next five months. [Interruption.] I see people sitting on the Labour Benches to my right dismissing this, shaking their heads and saying it is not true. Well, it is, and it is not just their former colleague making this point. The Northern Ireland Human Rights Commission has made exactly the same point. It said:

“The likelihood of individuals resorting to potentially unsafe practices remains while prosecutions under the criminal law have been removed and a healthcare process not yet been established.”

In Northern Ireland, we regulate the buildings not the people. I wish to ask the Minister a series of questions. I will understand if he cannot answer them in full this evening, but if he cannot, I think we will need a written response in quick time. Can he indicate which piece of legislation in Northern Ireland over the next five months will preclude terminations where there is not a person qualified to do one? What law stops a non-qualified person, when consent is present, carrying out such a termination? What legislation precludes terminations taking place anywhere or what legislation requires a termination over the next five months to take place in a hospital or clinic? Those are serious questions.

The hon. Member for Lewes (Maria Caulfield) raised the concerns of women in Northern Ireland. They are concerned about the lack of any legislative protection whatsoever as a consequence of the cavalier attitude taken when passing the legislation in the House.

[Stella Creasy]

I understand that the hon. Gentleman is concerned about this, but he is simply wrong to say that the Act, which only repeals sections 58 and 59 of Offences Against the Person Act 1861, removes all legal protection. For example, will he confirm that the Criminal Justice (Northern Ireland) Act 1945, which refers to child viability in Northern Ireland, will still be in place? It is not removed by this legislation. It is simply not true that there will be no legal or regulatory framework. He might want a new one, but it is not true that it does not exist.

[Gavin Robinson]

The hon. Lady has not answered any of my questions. She does not accept, as the Minister outlined in the report, that section 25 of the 1945 Act is not adequate. She does not accept that in Northern Ireland we do not regulate individuals who carry out procedures, and she does not accept that we have no legislation that would indicate where those procedures can take place. She does not accept the views of the Northern Ireland Human Rights Commission, which has expressed its concerns very clearly. I can assure you, Mr Deputy Speaker, that the Northern Ireland Human Rights Commission does not often look to me for advice, and nor do I look to the commission. We approach things from completely different perspectives, but we have exactly the same concerns.

Thank you, Mr Deputy Speaker, for allowing me to exceed my allotted time. I think that the interventions have been helpful, and I am thankful for the opportunity to speak.