Northern Ireland (Executive Formation) Bill

Debate between Huw Merriman and Diana Johnson

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

[Diana Johnson]

Today, we are looking at the opportunity we have with this Bill, and I think that most Members of this House would agree that legislation that is over 150 years old governing what is essentially a healthcare matter is no longer fit for purpose. That is why we should have the opportunity, as set out in my amendment, to look at the options available to the House when that finding of incompatibility comes down the road.

I want to respect the devolution settlement. That is why I have drafted the amendment with a sunset clause, so that once the Assembly is, we hope, back up and running, whatever we need to do in this House will revert back to the Assembly to carry forward.

I want to reiterate what I said last night. This idea came out of discussions we had on the Joint Committee conducting prelegislative scrutiny of the Domestic Abuse Bill. We found that if the Government wanted to ratify the Istanbul convention on combating violence against women and girls—which I am sure everybody in this House feels is an important thing to do—they could not because that Bill does not cover Northern Ireland, and Northern Ireland does not have legislation on issues such as stalking and coercive control. The idea that came out of that Committee was that we would again legislate for Northern Ireland, but with a sunset clause ready for when the Assembly is up and running again—it could then take the matter in whatever direction it wanted to—so that the bare minimum is in place.

I hope that the Committee will look at amendment 9 carefully, because it would give us an opportunity to consider how to take the matter forward. I think that all Members are really very concerned and moved by the stories of women who have been affected by the current abortion laws in Northern Ireland, and I am sure that we all want to ensure that we do not carry on, year after year, with the issue of women’s reproductive rights and healthcare in Northern Ireland not being addressed and with their human rights not being upheld. I hope that the Committee will support amendment 9.

[Huw Merriman]

I rise to speak in favour of amendment 9, the details of which have just been explained by the hon. Member for Kingston upon Hull North (Diana Johnson); of new clause 10, tabled by the hon. Member for Walthamstow (Stella Creasy); and of new clause 1, which stands in the name of the hon. Member for St Helens North (Conor McGinn). I will focus on abortion in Northern Ireland.

I have some sympathy with the point that this is a very narrowly defined Bill that is supposed to deliver certain eventualities, and that the amendments are widening in scope. Of course, the Clerk of Legislation, who is an absolute legend in this place, has decided that they are within scope. It is greatly frustrating that we have been having this conversation in this place for some time, because the Supreme Court has decreed that the law is incompatible with our obligations under treaty rights. When it comes to treaty rights, that is a matter for Parliament to correct; it is not a matter for Northern Ireland.

That opens up the point about why the Bill is being used in this regard. It is with regret, but with great frustration too, that we cannot seem to get Parliament to deliver by updating our laws to make them compliant with the Supreme Court’s judgment, because the Government have not moved.

I have great sympathy with the views held by hon. Members from Northern Ireland. I met representatives who were put in touch with me by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), and they made their case, with great dignity and respect, for why they do not want to see abortion rights changed. I think it is important for us to meet all sides of the divide. Equally, I spent time with Amnesty International in Belfast, meeting those who felt that their lives had been ruined by the current situation.

It feels wrong to me that one part of the United Kingdom can be left behind with a near total ban on abortion. The situation is even more perverse now that the Republic has changed its legal position on the matter. In 2018, as we have heard, 1,053 women had to travel outside Northern Ireland in order to exercise the rights that would be available to them elsewhere in the UK. That shows the absurdity of the situation, because the abortions still took place, but the extra inconvenience has to be suffered. I think that we need to change that.

I want to return to the words of Lady Hale in her Supreme Court judgment. She said:

“I agree, for the reasons given by Lord Kerr and Lord Mance, that in denying a lawful termination of her pregnancy in Northern Ireland to those women and girls in these situations who wish for it, the law is incompatible with their Convention rights.”

She then explained that Parliament—she was very clear that this was for Parliament—could do three things:

“First, it may share the court’s view and approve a ‘fast track’ remedial order under section 10 of the HRA”—

the Human Rights Act 1998;

“Second, it may share our view and pass an Act of Parliament to put things right… Third, it may do nothing”

and see the matter taken further, through to Strasbourg. More tellingly, for me—this is why I think we have it within our gift and should enact the provision—she said the following:

“It is at this point that the democratic will, as expressed through the elected representatives of the people, rules the day.”

The Bill is perhaps not the best vehicle, but the law requires updating. We have an opportunity now to give people their dignity and their human rights.