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Abortion in Northern Ireland
25 March 2021
Lead MP
Brandon Lewis
Debate Type
Ministerial Statement
Tags
Northern IrelandScotlandWomen & Equalities
Other Contributors: 26
At a Glance
Brandon Lewis raised concerns about abortion in northern ireland in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
On Monday, the government made the Abortion (Northern Ireland) Regulations 2021 and laid them before Parliament on Tuesday. This was done to ensure women and girls in Northern Ireland can access high-quality abortion and post-abortion care as required by law since mid-2019. The legal duties imposed by Parliament require implementation of the Committee on the Elimination of Discrimination against Women's recommendations. Over a year ago, these regulations provided a CEDAW-compliant legal framework ensuring women’s health and safety while maintaining clarity for healthcare professionals. Services should now be available locally, but due to ongoing failures from the Department of Health and Executive, more than 1,100 procedures were accessed outside local services last year. The government aims to engage with the Minister of Health and his department to take responsibility for these services.
Carla Lockhart
DUP
Upper Bann
Question
Will the Secretary of State confirm that paragraphs 85 and 86 of the CEDAW report are not legally binding on the UK, and does he agree with her position regarding the devolution settlement? Additionally, why has action been taken in relation to abortion but not for victims' payments?
Minister reply
Parliament placed legal obligations during a period without a functioning Northern Irish Executive. These duties still apply despite the current existence of an Assembly. The government is working with the Health Minister and his department to ensure local delivery of services, respecting the devolution settlement while ensuring women's access to healthcare in accordance with UK law.
Peter Bottomley
Con
Tewkesbury
Question
The hon. Member for Upper Bann has done the House a service by raising this issue. The choice is between compassion and politics, arguing that if there is going to be an abortion, it should be legal, safe, early and local, criticising the delay in providing services.
Minister reply
My hon. Friend highlights the need for people to have access to proper healthcare locally and legally, as per our legal obligations following a parliamentary vote.
Pontypridd
Question
Acknowledging the United Nations' view that existing laws amounted to grave and systematic violations of women’s rights in Northern Ireland, the amendment tabled by Stella Creasy passed overwhelmingly due to Parliament's will. However, 19 months later, women are still being denied services, leading over a hundred to access unsafe or unregulated means for abortion. Urges Ministers to commission vital services immediately.
Minister reply
The hon. Lady emphasises the cross-party support for proper healthcare provision in Northern Ireland and outlines that Parliament's will was clear last year, expecting the health department to move forward with service commissions.
Bob Stewart
Con
Beckenham
Question
How many women and girls have had to travel across during the pandemic for an abortion?
Minister reply
My right hon. Friend highlights that any single case is too many, especially considering the pandemic's challenges; it is crucial to ensure people can get support close to home.
Stella Creasy
Lab/Co-op
Walthamstow
Question
Will the Secretary of State confirm that his officials have spoken to the Department of Health in Northern Ireland and provided funding so cost is not a barrier to accessing abortion services?
Minister reply
We are talking to the Department of Health regularly, including financial support; there is no issue with money as outlined by the Department of Finance.
Woodford
Question
Does the Minister agree that we should refrain from imposing unwanted primary legislation on Northern Ireland given poll after poll shows opposition to abortion liberalisation?
Minister reply
Parliament acted on human rights grounds, ensuring equal treatment for women and girls across the UK. A public consultation was conducted in late 2019, which included engagement with Northern Irish stakeholders.
Diana R. Johnson
Lab
Kingston upon Hull North and Cottingham
Question
Clinicians supporting the Secretary of State’s actions due to frustrations over delays in commissioning services; what message does he want to send today?
Minister reply
Thank you for clinicians' work, especially since April last year when around 1,100 women were looked after. The Department should commission these services as it should have done initially.
Caroline Nokes
Con
Romsey and Southampton North
Question
The Women and Equalities Committee heard harrowing stories of women forced to take overnight ferries for a termination during the pandemic. Urges swift commissioning of services.
Minister reply
My right hon. Friend rightly highlights the need for quick action; we will work with the Department of Health to ensure they can commission these services locally.
South Antrim
Question
We of course want women in Northern Ireland to have access to the best healthcare, but we also believe passionately in protecting the life of the unborn child in Northern Ireland. That view is shared right across our society and is the view of a majority in the Northern Ireland Assembly. The Government seek not only to impose abortion regulations on Northern Ireland but to direct the Northern Ireland Executive to implement regulations that they never signed up to. Surely it should be left to local Ministers to decide what services to commission and not for Westminster to impose its view, in breach of the devolution settlement.
Minister reply
As I said earlier, I absolutely recognise the sensitivity and the strength of feeling of people across the House, in some cases, and as the right hon. Gentleman outlines, in Northern Ireland. First of all, this is about ensuring that we follow through on the legal obligations that Parliament put on me. It is also only right that women and girls in Northern Ireland are able to make those individual, informed decisions, with the right medical support and advice provided locally, based on their own health and wider circumstances, in the way that women and girls living elsewhere in the United Kingdom can.
Huw Merriman
Con
Bexhill and Battle
Question
I thank the Secretary of State not only for taking this action but for using the power of the Dispatch Box to tell harrowing tales of what women and girls have had to suffer. I went to Northern Ireland some years back and heard those same tales, and I vowed that I would do what I could to bring about this change. Equally, I have respect for those across the divide who have a very different view. Does he agree that views are now irrelevant, and that what is relevant is the law? The law is clear and has been passed by Parliament—a view has been expressed by Parliament. If that were not the case, does he agree that another of those unfortunate victims in Northern Ireland would have to go through the court process and compel him to act?
Minister reply
My hon. Friend has been a powerful voice on this issue, along with other colleagues, over the last period. I know that a number of people appreciate the support he has given and everything he has done to make sure that women and girls in Northern Ireland get the right support and care. He is absolutely right: we really should not be in a position where people have to bring this matter to court individually in order to get the right healthcare. Parliament has put a legal obligation on us.
Layla Moran
Lib Dem
Oxford West and Abingdon
Question
I thank the Secretary of State for his robust defence of the human rights of women in Northern Ireland. I wonder whether he is aware of the troubling reports of women being wilfully misled by anti-abortion organisations, which encourage them towards anti-choice clinics, disguising themselves as abortion services. These clinics then string the women along until they are over 10 weeks, so ensuring that they cannot access early medical abortions in Northern Ireland. That is happening because of a failure to commission services as there is not a clear pathway to abortion services. Have the Government made an assessment of how many women have been prevented from accessing early medical abortion services because they are being directed to these clinics?
Minister reply
The hon. Lady makes a very important point. Even putting aside the legal and moral obligations of this House to ensure that the right healthcare is being provided in Northern Ireland, doing nothing does not actually mean that nothing is happening. Doing nothing means that people are at risk of misleading guidance and advice.
John Hayes
Con
South Holland and The Deepings
Question
Given what the Secretary of State has just said about people being misled, will he be clear that the assertion that Northern Ireland is violating human rights obligations is simply untrue? CEDAW reports are not binding in law and the CEDAW convention, which is, does not even mention abortion. Surely the Secretary of State must know that the imposition of this measure, against the express democratic wishes of the people of Northern Ireland, is not only unjust and unwelcome, but rooted in an entirely invalid assertion?
Minister reply
I say to my right hon. Friend that this is a matter of domestic law; I have been clear about that. It is about the legal obligation taken forward from this House in 2019. It requires us and the Northern Ireland Executive to ensure that they have an offer and services that are CEDAW-compliant.
Question
Polling by Amnesty and others has consistently shown that Northern Ireland is pro-choice. I have had the great privilege of meeting Sarah Ewart and Denise Phelan—two women who have campaigned tirelessly for abortion rights and human rights in Northern Ireland. They both suffered the most traumatic and devastating of losses: fatal foetal abnormalities that meant that they needed an abortion. But they could not even access the most basic of healthcare in Northern Ireland. Will the Secretary of State make sure that their suffering and trauma and their bravery in speaking out and campaigning are not in vain? Does he agree that wherever in the world a woman is, she should have the right to choose and to have her dignity and human rights upheld?
Minister reply
The short answer is absolutely yes; the hon. Lady is absolutely right. She has outlined a couple of specific cases. I did not name people, for a particular reason that she will appreciate. This is not a criticism of what she said at all. She is absolutely right and I know the individuals concerned.
Edward Leigh
Con
Gainsborough
Question
Will the Secretary of State be honest and open with the House? He quotes section 9 of the 2019 Act. This House took the fact that the Assembly was not sitting as an excuse to impose its views on Northern Ireland. The Assembly is now sitting. The abortion industry talks about the right to choose; what about the right to choose of the people of Northern Ireland? What would happen if they tried to impose their views on us? The fact of the matter is that Northern Ireland can run its own Government as long as they keep doing things that we do not disagree with. This is not democracy. Whatever our views on abortion, the Secretary of State is putting the Union at risk.
Minister reply
My right hon. Friend makes a strong point about devolution. It is absolutely right that the devolved Administrations have the ability to move on and deliver on their own affairs, and I absolutely hope that the Northern Ireland Department of Health will do that. This is not about us stepping in on a devolved matter; it is about ensuring compliance with the legal duties that Parliament imposed on us in mid-2019.
Question
As a Northern Ireland MP, I strongly support what the Secretary of State is doing, and I stress that there is large-scale support in Northern Ireland for these actions. It is simply not tenable to have a right on paper but not in practice, and for different reproductive rights to exist across the UK. Will he give a timeframe in which he may potentially use these powers, and an assurance that he will not allow the Northern Ireland Executive to drag this issue out indefinitely?
Minister reply
I hope that the hon. Gentleman will see that our laying these regulations now is a clear indication that we are not in a position where we think it is appropriate for this to be dragged on much further. Obviously, there is a process through this House; the regulations are subject to the affirmative resolution procedure, so the House will discuss and debate them.
Fiona Bruce
Con
Question
Is it not true that this legislation was based on an incorrect assumption that Northern Ireland was in violation of human rights obligations? Repeated assertions were made—that have been made even today in the House—that this is a matter of human rights law. Those were based originally, as I understand it, on the work of a small working group of CEDAW. May I ask the Secretary of State again: is it not correct that that CEDAW report is not binding in international law and that this Parliament chose to treat certain assertions in it as binding? Surely, that is no answer to the unwarranted and unwanted imposition of this legislation on Northern Ireland’s people now that their Assembly is back up and running.
Minister reply
As I have outlined, these regulations are about the UK Government fulfilling our legal obligations imposed by Parliament in 2019, and it is about ensuring that women and girls in Northern Ireland have access to the same quality and kind of healthcare that they would have anywhere else in the United Kingdom. As Northern Ireland is part of the United Kingdom, it is right that people in Northern Ireland have access to healthcare in the same way they would if they were on mainland Great Britain.
Gregory Campbell
DUP
East Londonderry
Question
The Secretary of State on a number of occasions has talked about healthcare for women and girls, and we concur—it is important to look after expectant mothers and young pregnant woman—but the one thing he has not mentioned and the one person he has not mentioned is the right of the unborn child. If Parliament is seeking to overlook the devolutionary settlement in that regard and he is seeking to do that, who will look after the rights of the unborn child?
Minister reply
The hon. Gentleman has outlined the strength of feeling, and as I said earlier, I appreciate that there are strong feelings on this issue. It is a sensitive issue across the United Kingdom—we refer to Northern Ireland, but I know that people have strong views on this across the House and across the country... A medical professional is, and that is why it is right that this is done in the way that it is elsewhere in the UK and they get the proper support that they should be and are entitled to.
Scott Benton
Con
Question
There is nothing more important than the Union between Great Britain and Northern Ireland, but this relationship needs to be built on mutual respect, not coercion. These abortion regulations are a democratic and constitutional assault on Northern Ireland. Can my right hon. Friend explain why he has taken on new powers to enforce measures on abortion that were predicated on the continued absence of a sitting Assembly, when that Assembly has now been in situ for over 14 months and has voted against the first section 9 regulations?
Minister reply
As I have said, the legal duties imposed by a significant majority of Parliament in mid-2019 are such that I have an ongoing role legally in this issue, and that duty did not fall away with the restoration of devolved government in Northern Ireland. My clear preference is and has always been that the Department of Health takes responsibility for delivering this healthcare...
Karin Smyth
Lab
Bristol South
Question
I welcome the Secretary of State’s clear reference to the duty on him and welcome his personal work to learn of these harrowing cases; I totally agree that one journey made, particularly in an epidemic, is far too much. Does he agree that the United Kingdom seeks to be a beacon across the world for the rights of women and girls and supports many countries in access to healthcare, including abortions, and that the continued lack of this service within the United Kingdom is a stain on our reputation? I know that, as a strong Unionist, he is keen to assert that. Does he agree that getting this sorted now and working with Northern Ireland is critical to the future of the United Kingdom and the role that we want to play in the world?
Minister reply
The hon. Lady makes an important and powerful point, which does not surprise me, because I know that she has worked hard on this issue and been a strong proponent of it for some time, including in her previous role as shadow Minister for Northern Ireland... She is quite right that that allows the United Kingdom to continue to lead globally in making the case for ensuring that women and girls around the world get the good-quality healthcare that they rightly deserve.
Bob Blackman
Con
Harrow East
Question
My right hon. Friend has rightly referred to the sensitivities around abortion not only in the United Kingdom but across the world. However, the situation here is that we in this House imposed on Northern Ireland rules when the Assembly was not sitting. The Assembly is now sitting and considering what is appropriate for Northern Ireland. Would he not consider stepping back and saying, “Let us hear from the Executive and the Assembly,” and then dropping the powers that we imposed in the emergency?
Minister reply
I recognise that Parliament stepped in at the time it did in the way it did and imposed this duty on me on human rights grounds. However, the duty to implement the CEDAW recommendations in this context, as I have said, is a matter now of domestic law, with that legal obligation... I fervently hope, as I have outlined already this afternoon, that this is something the Department of Health and the Executive, even in these next few weeks, will find a way to be able to take forward in the way they feel is most appropriate for Northern Ireland, and to do so in a positive way for women and girls in Northern Ireland, therefore avoiding us as a Government or as a Parliament having to take any further action.
Ian Paisley Jnr
DUP
Question
The Secretary of State tells the House that he is under a duty to invoke a piece of law that has been overtaken by another piece of law. The actual law on standing today is the devolved settlement, which is very clear that abortion is a devolved matter and services arising from that are a devolved matter... Where is his moral obligation to stand at that Dispatch Box and defend the most vulnerable of lives—the unborn life? When is someone from the Government going to actually do that and defend that vulnerability, or is the unborn life an unfortunate commodity that can be disposed of so lightly? That is the point that is being made.
Minister reply
I do recognise the point the hon. Gentleman has made, and it is a point he has made to me directly on a number of occasions about the unborn child. I have to say and I appreciate that this is an area where we do not have a similar view... The best way to do that is to make sure that proper, qualified, official health officials are able to give the right care, advice and support to women and girls in Northern Ireland. Part of the danger of the situation at the moment is that there are too many cases of women and girls, as was outlined by Members earlier this afternoon, who are sadly taking advice from the wrong quarters, making bad decisions and suffering badly—and, potentially, unborn children suffering badly—through bad healthcare that is not properly provided. I would argue that that is also a reason why this should be taken forward.
Jacob Young
Con
Question
I thank the Secretary of State for the care and sensitivity with which he has approached this matter. He knows that I, as a Unionist, am deeply uncomfortable with the position that we find ourselves in. However, I equally accept that he has a legal duty to act based on amended legislation and votes in this House. Can the Secretary of State confirm that it is possible for the Northern Ireland Assembly to develop its own plans provided that they are CEDAW-compliant, and that it is still the policy of the UK Government that sex-selective abortion is illegal?
Minister reply
My hon. Friend makes a very important point. I absolutely respect that point and his feelings on the issue. He is right that abortion remains a devolved issue, as others have rightly outlined... We will continue to work with the Department of Health to ensure that the right and proper official healthcare can be provided for women and girls in Northern Ireland on what is a very sensitive issue.
Warrington North
Question
Women in Northern Ireland have waited decades for the same rights as women in the rest of the UK. Since the regulations became law, at least 200 women have had to travel to Britain during a pandemic for abortion services, and two women attempted suicide after being unable to access these services due to flight cancellations. How long will they now have to wait for abortion services in Northern Ireland to be commissioned? Will there be a deadline set using the powers outlined in the ministerial statement?
Minister reply
The hon. Member has highlighted harrowing cases that many of us have heard or read about. We are bringing forward regulations to prevent such situations from continuing. The timeframe is now with this House, under an affirmative procedure, but we will act if necessary once these measures pass Parliament.
Question
Does the Secretary of State agree that the time for reopening discussions on the abortion regulations themselves has passed and instead focus on ensuring legal rights are implemented in Northern Ireland?
Minister reply
My hon. Friend is correct; we will not reopen debates on the Abortion (Northern Ireland) Regulations 2020, as they were approved with a significant majority. These regulations aim to deliver CEDAW compliance while ensuring healthcare professionals have clarity and certainty.
Gavin Robinson
DUP
Belfast East
Question
May I express my appreciation for the opportunity given by Mr Speaker? The Secretary of State should have been in the House on Tuesday to provide a ministerial statement. While this urgent question has discussed applying law and offering quality healthcare, it dismisses that Northern Ireland’s healthcare professionals are already providing these services as advised. Can the Secretary of State be clear if at any point the Health Minister suggested not commissioning these services?
Minister reply
The affirmative procedure means Parliament will debate this matter further; we have legal obligations to ensure similar access to healthcare for women and girls in Northern Ireland as elsewhere in the UK. While some 1,100 individuals have received services since the Executive's re-establishment, many still travel to mainland Great Britain for full support.
Shadow Comment
Carla Lockhart
Shadow Comment
The shadow expressed concern over paragraphs 85 and 86 of the CEDAW report, questioning their legal binding status and international obligations. She also raised concerns about the breach of the Belfast Agreement regarding devolution settlement and questioned why intervention was made in abortion law but not in payments for victims. Lockhart urged respect for devolved authority decisions and suggested reconsideration to avoid destabilising the Northern Irish institutions.
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