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

Debate between Christine Jardine and Robin Walker

Wednesday 16th October 2019 Commons Chamber

[Mr Walker]

I think it is both. The Executive will be required for the Assembly to be in place and to work effectively.

There can be a Northern Ireland solution to this issue, but for that to materialise Northern Ireland needs the Assembly and Executive back in the coming days. In the absence of a restored Assembly and Executive, the Secretary of State has taken steps to ensure that the Government are ready to fulfil their obligations. As part of the information campaign, my Department has worked closely with the Department of Health and Social Care and published guidance for healthcare professionals to provide clarity on the new state of the law and their duties and responsibilities. The guidance sets out changes in the law in this area, should they come into effect from 22 October 2019, until a new regulatory framework is in place by the end of March.

The immediate changes are the repeal of sections 58 and 59 of the Offences Against the Person Act 1861 in Northern Ireland, meaning that no criminal charges can be brought under that Act against women and girls who have an abortion or against qualified healthcare professionals or others who provide and assist in an abortion. There will also be a moratorium on current and future criminal investigations and prosecutions. The Government then have a duty to introduce a new legal framework to come into force from 31 March 2020. It is worth noting that, during this interim period from 22 October until the new legal framework comes into place on 31 March, other relevant laws relating to the termination of pregnancy will remain in place. That includes section 25(1) of the Criminal Justice Act (Northern Ireland) 1945, which makes it a criminal offence for anyone to assist or wilfully act

“to destroy the life of a child then capable of being born alive”,

except where the purpose is to preserve the life of the mother in good faith.

From 22 October, women resident in Northern Ireland can continue to access services in England and will now have all their travel and, where needed, accommodation costs met by the UK Government. Healthcare professionals will be able lawfully to refer patients to services in England by providing the details of the central booking service or directing them to information on gov.uk.

[Christine Jardine (Edinburgh West) (LD)]

Does the Minister accept that offering women the opportunity to go abroad or to travel to have an abortion is not the same as enabling them to have one at home by recognising their rights under the conventions? Does he accept that simply to say, “We will not prosecute” is not enough?

[Mr Walker]

Broadly, yes—I do accept that, but I also accept that the legislation allowed for this interim period so that the right guidance could be put into place to ensure that when services become available they are operating under the right framework.

It is expected that access to abortion services will not be routinely available in Northern Ireland until the new legal framework is in place after March 2020. The guidance notes that, if healthcare professionals choose to offer an abortion service to women during the interim period within the bounds of the relevant law, they should do so in line with their professional competence and guidance from their professional body. The guidance also notes the state of play relating to conscientious objection and what to do in cases in which patients have purchased abortion pills online. We are continuing to work at pace to be ready to continue to take forward all the necessary work to be able to implement new regulations by 31 March 2020 if there is no restored Executive by the deadline. Make no mistake: we will change the law on these issues if there is no Executive within the deadline.

My Department is therefore preparing to launch a consultation on changes to the law, on access to abortion services, and on the scheme for a victims payment once the 21 October deadline passes.

Oral Answers to Questions

Debate between Christine Jardine and Robin Walker

Thursday 14th June 2018 Commons Chamber

[Mr Walker]

My hon. Friend makes an important point. We are clear that we would like to secure onward movement rights for UK citizens living in the EU, and we will return to this issue in the next phase of negotiations. In several other areas, it is right that the rights are reciprocal between the UK and the EU and that they apply throughout the whole EU.

[Christine Jardine (Edinburgh West) (LD)]

I appreciate the Minister’s comments about UK citizens living abroad, but does he agree that we still need clarity for EU citizens living here? The David family in my constituency have lived and worked here for 20 years. Both their children were born here, but although one of them is entitled to a UK passport, the other is not. They have now had five different pieces of conflicting advice from UK departments about their passports and citizenship. Is the Minister prepared to meet me to talk about their case and to see whether we can get some clarity on it?