Monday 9th November 2015

(8 years, 6 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
David Mundell Portrait David Mundell
- Hansard - - - Excerpts

I can confirm that that is absolutely not the case. The Smith commission report makes it clear that devolution of abortion law should take place and that the reservation in the 1998 Act was anomalous in comparison with the health and criminal justice devolution that took place. The commission recognised, and I recognise, that this is a matter that must be dealt with sensitively. That is why there have been discussions with the Scottish Government, why the First Minister of Scotland has made her position on the issue clear and why Scotland’s Health Minister will meet shortly with women’s groups and interested parties in Scotland as the devolution of abortion progresses.

Angela Crawley Portrait Angela Crawley (Lanark and Hamilton East) (SNP)
- Hansard - -

As was made clear in Committee, the Scottish Government have made it clear in no uncertain terms that there are no planned changes to the legislation. On that basis, does the Secretary of State agree that Labour Members undermine their colleagues in the Scottish Parliament by intimating that they cannot legislate on their own matters?

David Mundell Portrait David Mundell
- Hansard - - - Excerpts

I am sure that the hon. Lady and other Members will have heard me say that I am absolutely satisfied that the Scottish Parliament has the capacity to deal with this issue. Although tonight and on other occasions there have been significant differences between us on what should and should not be devolved to the Scottish Parliament, the basis of my arguments has never been a belief that the Scottish Parliament is not capable of dealing with particular sensitive or difficult issues; it is just that I feel that the balance of responsibilities in the devolution settlement is better served in a different way. I genuinely believe that the balance of the devolution settlement is best served by abortion being devolved, which is consistent with the health and criminal justice devolution in the wider settlement.

--- Later in debate ---
Angela Crawley Portrait Angela Crawley
- Hansard - -

Does my hon. Friend agree with me and the Equality and Human Rights Commission that devolving power over all equalities to the Scottish Parliament will enable it to legislate to give people an ability to do things that they have never had before?

Eilidh Whiteford Portrait Dr Whiteford
- Hansard - - - Excerpts

My hon. Friend makes her point well. I note that in the previous debate we talked quite a bit about the Human Rights Act and the role that it, too, plays in securing equalities.

--- Later in debate ---
Angela Crawley Portrait Angela Crawley
- Hansard - -

Will the right hon. Gentleman give way?

Pat McFadden Portrait Mr McFadden
- Hansard - - - Excerpts

The House is very pressed for time.

We have had experience of what happens in those circumstances. We know that 10 women a day have travelled here from the Republic of Ireland because of the different legislative frameworks. I do not predict that that will happen in this instance, but the new clause allows for the possibility. The logic was right before. There is no logic in allowing for two legislative frameworks 18 years on.