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Abortion Regulations: Northern Ireland
04 June 2020
Lead MP
Robin Walker
Debate Type
Ministerial Statement
Tags
Northern IrelandForeign Affairs
Other Contributors: 20
At a Glance
Robin Walker raised concerns about abortion regulations: 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
The Government laid the Abortion (Northern Ireland) Regulations 2020 in Parliament on 25 March, which came into force on 31 March. However, due to the impact of COVID-19 on parliamentary processes and virtual voting systems not being fully implemented, a second set of regulations were laid on 14 May. This extension provides an extra 28 days for proper scrutiny in Parliament before the debate scheduled for Monday 8 June. The Government aims to ensure continuity of abortion law in Northern Ireland as per the requirements specified by the House in the Northern Ireland (Executive Formation etc) Act 2019.
No extracted contribution text available for this contributor yet.
Lagan Valley
Question
Donaldson questioned whether it was right for Parliament to vote on abortion regulations when the Northern Ireland Assembly has been restored and voted against them, highlighting legal advice suggesting the Secretary of State is under no obligation to bring these unamendable regulations forward. He criticised the discriminatory provisions allowing abortion up to birth and called for withdrawal of the regulations.
Minister reply
Walker acknowledged the sensitivity of the issue but stated that the Government was under a statutory duty to deliver an abortion framework in line with human rights requirements, as decided by Parliament. He emphasised that while the Assembly can amend future regulations, it does not affect the legal obligations placed on the Government.
Fiona Bruce
Con
Congleton
Question
Bruce questioned whether the rushed manner of proceeding with these regulations respects Stormont and its decision-making process. She highlighted that while sex-selective abortion is illegal in Northern Ireland, the new regulations allow abortions for any reason up to 12 weeks without prohibition on sex-selective abortions.
Minister reply
Walker acknowledged the importance of preventing sex-selective abortions but noted that there was no evidence of such practices occurring in Great Britain based on recent analysis. He stated that the Northern Ireland regulations follow the same approach as the UK.
Louise Haigh
Lab Co-op
Sheffield Heeley
Question
This urgent question is on implementing abortion services in Northern Ireland, now that it is legal according to the Northern Ireland (Executive Formation etc) Act. Will the Minister commit to working with the Department of Health for full implementation and confirming steps taken to ensure public information availability and telemedicine access?
Minister reply
The UK Government recognises its international human rights obligations and has written to the relevant Departments to address CEDAW recommendations. Services will continue to be funded, and engagement with the Department of Health will ensure full provisions are delivered.
Huw Merriman
Con
East Sussex
Question
Will the Minister apply more pressure on the Department of Health beyond written communication to ensure service provision for women beyond 10-week gestation?
Minister reply
The Government will provide all necessary support in getting the Department of Health to implement the law. The House will debate and support regulations next week, sending a message to the Executive.
Jim Shannon
DUP
Strangford
Question
Could the Minister further outline the reasoning behind not repealing the Act and allowing Northern Ireland’s Assembly to decide on this issue?
Minister reply
The Assembly was responsible for addressing human rights obligations but has failed to do so. The Government will still have a responsibility unless the Assembly takes it upon itself.
Julian Smith
Con
Skipton and Ripon
Question
Do these regulations reflect the sensitive situation in Northern Ireland regarding conscientious objection, urging for women’s best interests to be prioritised?
Minister reply
The Minister acknowledges sensitivity throughout the process, thanking Julian Smith for his support.
Rachael Maskell
Lab Co-op
York Central
Question
Why will the Minister not enable the Northern Ireland Assembly to move this legislation forward instead of imposing these abortion regulations?
Minister reply
The Northern Ireland Assembly can take this issue forward, but must do so in a CEDAW compliant and human rights consistent manner.
Question
I was under the impression that these regulations were no more liberal than those in the rest of Great Britain. I am a bit worried by some of the questioning, which might imply they are not. Can my hon. Friend reassure me that the regulations will simply be a reflection of what is happening in England, Scotland and Wales?
Minister reply
My hon. and gallant Friend makes a very important point. The Government’s detailed response to the consultation outlines the importance of using the legal basis established in other parts of Great Britain for this process. However, there are fundamental differences due to how the regulations had to be built up in Northern Ireland because of the Abortion Act 1967 and the Emergency Provisions Act.
Wendy Chamberlain
Lib Dem
North East Fife
Question
I am speaking on behalf of my hon. Friend the Member for North Down, who was unable to attend today at short notice. There is considerable support among people and elected representatives in Northern Ireland for CEDAW-compliant regulations. Does the Minister now agree that the priority must be to ensure the full commissioning of services, rather than the current piecemeal interim provision?
Minister reply
The hon. Lady is absolutely right; it is vital that we get the services in place as quickly as possible. The Government recognise the additional pressures facing the Department of Health due to covid and want to support them with this.
Danny Kruger
Reform
East Wiltshire
Question
These regulations enshrine a more liberal abortion regime in Northern Ireland than in the rest of the United Kingdom, against the wishes of the people of Northern Ireland and against the spirit and principle of devolution. Is he aware that the Secretary of State has already met his obligations under the emergency powers Act, and now the Assembly is restored he is free to withdraw those regulations?
Minister reply
I disagree with my hon. Friend about the regime being more liberal than in the rest of UK. However, it is right that the legal obligations on us to ensure a human rights-compliant model remain in place under CEDAW.
Question
CEDAW does not require legislation for full-term terminations, disability terminations or sex-selection terminations. The Minister has to be clear about this; 78 MLAs rejected the CEDAW recommendations in a series of votes in the Assembly. What is the appropriate thing to do and respect the Assembly?
Minister reply
The Government are legally required under the Equalities Framework Act to bring in regulations that comply with CEDAW, which specified cases of severe foetal impairment would need termination options. However, I encourage the Assembly to engage with this issue and look at aspects constructively.
Question
I welcome the Government’s work to ensure women in Northern Ireland have proper access to abortion as women in the rest of UK do. How will my hon. Friend ensure that facilities are put into place, and does he get independent advice on whether our international obligations are being acted upon?
Minister reply
My right hon. Friend raises important points about implementation and training for facilities which fall on Northern Ireland’s Department of Health. The Government want this to move forward quickly despite the focus on covid-19.
Carla Lockhart
DUP
Upper Bann
Question
The regulations continue to ride roughshod over the devolved Administration in Northern Ireland, discriminating against people with disabilities and implementing the most liberal abortion laws in Europe. Will the Minister recognise the severe offence these cause? What is his message today to Heidi Crowter who feels she should not exist if the regulations go ahead?
Minister reply
The hon. Lady speaks powerfully on this issue; nobody wants to legislate to the detriment of people with disabilities. The law in Northern Ireland reflects that in the rest of GB, and addressing SFI was a specific requirement of the CEDAW report.
Andrew Murrison
Con
South West Wiltshire
Question
I congratulate the right hon. Member for Lagan Valley on securing this urgent question and I agree with him that laws passed in July better align Northern Ireland's regulations with the rest of the UK, Republic of Ireland, and same-sex marriage views.
Minister reply
The Minister agrees with Andrew Murrison, stating that aligning Northern Ireland's regulations with GB is important both from a Unionist perspective and legally tested human rights compliance.
Stella Creasy
Lab Co-op
Walthamstow
Question
Stella Creasy acknowledges the difficulty of the issue but argues for upholding UK-wide human rights, referencing Sarah Jane Ewart's case and asking how the Government will ensure services are provided if Northern Ireland Assembly does not.
Minister reply
The Minister acknowledges Stella Creasy's points and commits to funding travel support in the interim while working with the Department of Health in NI to provide necessary services as quickly as possible.
Caroline Nokes
Con
Romsey and Southampton North
Question
Nokes thanks Robin Walker for his approach, asking if he agrees that Committees are the right place to scrutinise regulations and uphold CEDAW and human rights obligations.
Minister reply
The Minister confirms agreement with Caroline Nokes.
Question
Benton follows on from Carla Lockhart’s comments, citing Heidi Crowter's concerns about the proposed regulations that permit abortion up to birth for Down's syndrome but only 24 weeks for non-disabled babies.
Minister reply
The Minister affirms that these regulations mirror laws in the rest of UK and are based on individual medical assessments without defining specific conditions.
Question
Longhi requests an assurance regarding the robustness of consultations on both sides of the debate.
Minister reply
The Minister assures Marco Longhi that extensive consultation was conducted with various groups including medical professionals, campaign groups, and church groups from Northern Ireland.
Shadow Comment
Jeffrey M. Donaldson
Shadow Comment
The shadow response criticises the Government's approach, highlighting that the Northern Ireland Assembly has been restored and voted against these regulations. The right hon. Gentleman argues there is no legal obligation for the Secretary of State to bring forward the regulations, citing expert opinions from QCs. He also emphasises that sanctioning abortion for non-fatal disability up to birth is a discriminatory provision not required by CEDAW. The shadow calls on the Government to respect devolution and allow Northern Ireland Assembly to legislate its own abortion law.
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