Northern Ireland (Executive Formation) Bill

Debate between Huw Merriman and Edward Leigh

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

I believe that decisions regarding the law on abortion in Northern Ireland should be a matter for the people who live there and their elected representatives. The whole concept of devolution is based on the idea that different jurisdictions in the United Kingdom are entitled to adopt different approaches to areas within their competence. It was a decision of this House to transfer policing and justice powers to the Northern Ireland Assembly, and Westminster has not sought to impose legislation in this area at any stage during the history of Northern Ireland since 1921.

In 1967, the elected representatives of Northern Ireland determined not to embrace the Abortion Act 1967. As recently as 2016, the elected representatives of the people of Northern Ireland voted not to change the law on abortion in any way. In that sense, Northern Ireland’s law enjoys a more recent democratic sanction than that of any other part of the United Kingdom. This is a matter of great debate in Northern Ireland, but there is robust statistical analysis to show that about 100,000 people who are alive in Northern Ireland today would not be if we had embraced the 1967 Act. I point to what the right hon. Member for East Antrim (Sammy Wilson) just said: polling shows that a large majority of people in Northern Ireland—64%—say that this is not a matter that should be addressed by Westminster, rising to 66% of women and 72% of 18 to 32-year-olds.

Inevitably and understandably, it will be pointed out that the Executive has not been functioning since January 2017. However, for reasons the Secretary of State has articulated on numerous occasions, there has been a concerted effort to avoid direct rule, which is no way to run a complex society such as Northern Ireland’s; only in extremis should it be considered. If direct rule came in, this House would of course be entitled to legislate on matters that are currently devolved. Ministers would be accountable for legislation and for the operation of Executive Departments in Northern Ireland. But direct rule has not been introduced, and while this remains the case, this House cannot selectively intervene in relation to some issues as if direct rule were in place without unravelling the wider devolution settlement.

[Huw Merriman]

If that is so, why did Lady Hale say in the Supreme Court, when looking at whether this is incompatible legally, that Parliament, not the Northern Ireland Assembly, has three choices to correct it?

[Sir Edward Leigh]

I am going to deal precisely with that point if my hon. Friend will be patient.

The process we are undertaking this afternoon does not assist the talks process—quite the opposite. Some of those who support these amendments and new clauses will claim to generally accept this argument but suggest that abortion is different because there is a human rights imperative to override the devolution settlement. However, significant misinformation has been spread with regard to the status of the law on abortion in Northern Ireland in relation to human rights. Specifically, as we have heard, a number of claims have been made with regard to the CEDAW and a recent report by the CEDAW sub-committee on Northern Ireland.

First, let us consider the position of the legislation on abortion in Northern Ireland in terms of the Human Rights Act 1998 and the European convention on human rights. It is important to stress that at this point there has been no declaration of incompatibility with regard to the law on abortion in Northern Ireland. Yes, in the Northern Ireland Human Rights Commission judgment released in June 2018, a majority of judges indicated that if the plaintiff had standing in the case, they would have made a declaration of incompatibility with regard to cases involving fatal foetal abnormalities and in cases of sexual crime. However, these non-binding comments do not constitute a declaration of incompatibility.