Abortion (Northern Ireland) Regulations 2021

Debate between John Hayes and Maria Miller

Monday 26th April 2021 General Committees

[Sir John Hayes]

That is true, and the Committee that considered this issue before this Committee said that it was unprecedented in respect not only of Northern Ireland, but of any of the devolved nations. The decision that this Committee looks set to take—I will not put it more strongly than that—in supporting the regulations is so exceptional as to be noteworthy, as I described, and the hon. Lady has amplified.

It has been acknowledged that these issues understandably give rise to strong views, but on a matter as sensitive as this what is happening is particularly reprehensible. It would be reprehensible on a constitutional basis, regardless of the issue, but on a matter that causes such grave concern in Northern Ireland it is all the more so.

Today’s regulations are the continuation of a process that has fallen far short of the standards to which we as legislators should hold ourselves. I am not for one minute suggesting that people in Scotland and Wales think as the people of Northern Ireland do concerning abortion, but the precedents flowing from the way in which we are treating Northern Ireland with respect to the sustainability of the current devolution settlement across our kingdom are obvious.

Do not tell me that this is a matter of the sovereignty of Parliament, which we have heard suggested once or twice. Parliament has been sovereign since 1707. The fact that it can do certain things does not mean that it must do all things or should even do those things that it can. Parliament is sovereign by way of our constitution. By that constitution, it constrains itself by convention, and there are few more important conventions than upholding the Union and the Acts of Parliament that underpin it.

I recommend our Attorney General’s views on judicial activism and the creeping role of the Supreme Court in making public policy. If those views are not sufficiently persuasive, I recommend the views of the former Supreme Court judge, Lord Sumption, who has been clear that democratic legitimacy relies on the judiciary knowing what its constraints should be.

[Mrs Miller]

Surely my right hon. Friend is arguing against himself. If the Committee decides not to act today in introducing laws that improve the situation in Northern Ireland the Supreme Court will have no better action to take than effectively to put law in place of a vacuum. The current situation has been judged to be in convention with human rights, so we have no choice other than to act on that particular point.

[Sir John Hayes]

My right hon. Friend is right; the Government’s best course of action is to repeal the changes that were made when there was no devolution settlement. There is the prospect of further legal challenge, which I would certainly strongly support given all the things I said earlier about the 1998 Act establishing the devolution settlement; about the fact that this has been described again today by a Committee of this Parliament as being unprecedented; and about the basis on which the Assembly was reassembled and its legal underpinning. What we are doing today is highly questionable and I recommend that the Government think again.

The Minister says that Northern Ireland has some opportunity to interpret the regulations and come forward with its own settlement that stays within the law but does not go as far as some would want. That is true. Northern Ireland can come forward with a settlement, but these regulations are effectively a gun to the head of the people of Northern Ireland, saying, “Either you do what we want by your own decision or we will decide for you.” I hesitate to say anything critical of the Minister because I regard him highly, but it is a slightly deceptive argument to suggest that the Northern Irish can sort this out when a gun is being placed against their heads.

Not for nothing are many people in Northern Ireland very proud of the “One Hundred Thousand” report, confirmed by the Advertising Standards Authority as showing that probably 100,000 people are alive in Northern Ireland today who would not be had the Province embraced the Abortion Act 1967.

Moreover, when talking about the sovereignty of Parliament we must recall that a key aspect is that no Parliament can bind its successors. Section 9 was passed in a Bill the introduction of which defined its purpose in terms of the restoration of the Executive. That was in a previous Parliament and it could have been—it would and should have been—this Government’s course of action to say, “That was then and now is now.” A different Parliament and a different set of arrangements in Northern Ireland necessitates a different approach. That would not have been unreasonable given what I said about the need to maintain the integrity of devolution.

Rather than asking Parliament to pass these regulations, the Government should recognise the current reality and instead ask our new Parliament to welcome the restoration of the Assembly and to repeal section 9, as I said in response to my right hon. Friend the Member for Basingstoke. In making that point, I would say to the advocates of abortion that that would be a debate to have across the House, but more especially in Northern Ireland. If those who want abortion to be more widely available in Northern Ireland make their case and persuade their elected representatives to share that view, living in a democratic kingdom, the majority view will prevail.

It is important to say that the regulations are of course about abortion and its availability in the Province, but they are about something much more: how much we value devolved decision making, how much we respect the different opinions that prevail in different parts of this kingdom and how much we really believe that the sovereignty of this Parliament is enhanced when we are big enough to say that people in different parts of the kingdom can come to different conclusions from the majority view here.

Do we care so little about the distinct regional identities of our Union, unless we take exactly the same approach to abortion in Northern Ireland as in the rest of the United Kingdom, that we would extinguish people’s opinions and eliminate the majority view there? Are we to honour devolution only when those to whom we give power agree with us? Will the Government be content to build their future on past mistakes? Is this an Administration who listen, or do they dictate?

To misunderstand the salience of those questions, or the significance of the answers, would be among the worst political miscalculations of any Conservative Government since the Union began in 1707. As we sit under the gaze of Joseph Chamberlain—

Abortion (Northern Ireland) (No. 2) Regulations 2020

Debate between John Hayes and Maria Miller

Monday 8th June 2020 General Committees

[Sir John Hayes]

In her advocacy of clarity and certainty, perhaps we can be clear and certain about those who were just named in the intervention by the hon. Member for Upper Bann. Can I ask a straightforward question? Will she back the Bill that will be presented to the House to prohibit the abortion of people with cleft lips and palates or clubbed feet, who are currently under the law in this country, let alone in Northern Ireland, being aborted, but could live and be successfully treated?

[Mrs Miller]

I will look carefully at the measure that my right hon. Friend is talking about because although this is a live debate, it should not fog what is a wrong and inappropriate system in Northern Ireland where women in very difficult situations have not been able to access a service which I am afraid his and my constituents would take for granted. That is not right.

Sir David, I will make progress and I am sorry to colleagues who would like to intervene—maybe I should speak a little more before accepting any further interventions. The simple truth that we found when we spoke to people on the ground in Northern Ireland of all views—it is our obligation as a Select Committee to have done that—was that there were some doctors who believed that referring women for an abortion in England was unlawful—fact; and that women were being forced to bring back the remains of their foetuses in their hand luggage because they were not able to be treated more formally for fear of being reported to the police. These are the sorts of things that we found in the Select Committee inquiry—practices that we would not accept in any other part of the United Kingdom. I gently ask DUP Members who are unhappy about this coming into play to look at the detail of those inquiry submissions to understand the reality of what was happening on the ground for too many women.

In the absence of an independent regulator of health in Northern Ireland, can the Minister confirm again—I asked him this question on the Floor of the House—who will monitor the implementation of these new regulations which have to include the expansion of training and medical facilities, because there is no independent regulator to do that? What obligations are there on the Northern Ireland Government to ensure that any future re-evaluation of this policy has to be human rights compliant and has to be compliant with the international obligations of the United Kingdom of which they are part?

The Select Committee recommendations included the very useful recommendation that the General Medical Council should run a campaign to raise awareness about how to complain about a doctor if they fall short on standards expected under the law, particularly with regard to abortion. That would help to increase public confidence and, perhaps, confidence among doctors about what is lawful and what is not lawful, because in our conversations with doctors only a year ago, it was clear there was a huge amount of confusion.

Wessex Route Study (Passenger Capacity)

Debate between John Hayes and Maria Miller

Tuesday 2nd December 2014 Westminster Hall

[Mr Hayes]

Ongoing developments for cycle space provision should be part of all franchises, in my judgment, and from today they will be.

The business decisions of train operators on the issue of first and standard class balance has been raised by a number of hon. Members, including my hon. Friend the Member for Winchester. We need to ensure that we make best use of space on trains. That use will vary from time to time and I do not want to make any prescriptive judgment, but discussion of that issue needs to take place regularly, based on a proper analysis of use. If, as has been described, some carriages are empty and others are full to the point of bursting, we need to respond to that situation.

The argument about Heathrow southern access was a really good one. We need to have a new study on that issue, which should begin this autumn and which should be published as soon as possible, ideally—indeed, at the latest—by early next year, and we need to consider what more can be done.

On the issue of car-parking capacity, it is important that we identify demand and sites for car parks, and I am more than happy to commit to working with local councils to do that. Perhaps we just need to drop a line to those local authorities to remind them of our willingness to have that kind of dialogue, particularly where we know, from Members across the House, that there are pressing problems. There is a history at certain stations of parking issues, so perhaps we can initiate some new thinking on that.

When they think of railways, everyone thinks of Stephenson; some, with a more curious turn of mind, think also of Hodgkinson; and all romantics—such as you and me, Mr Streeter—think of Jenny Agutter and John Betjeman, do we not? We think of “The Railway Children” and Betjeman’s advocacy of the romance of rail. To that end, I would be very happy to facilitate contact with Network Rail to allow the steam train that the Under-Secretary of State for Transport, my hon. Friend the Member for Devizes, who has ministerial responsibility for rail, has pressed for. Indeed, the case for that train was amplified today by my right hon. Friend the Member for North West Hampshire. Let us allow this to happen, and in that spirit let us look again at the historic estate. We have many old railway stations, some of which could be brought back into use. We also have many glorious signal boxes; more of them should be listed. Let us once again be bold and ambitious to have our dream of the romance of rail, and turn that dream into a reality.

My right hon. Friend talked about the capacity issue. Of course, his area will benefit from the commitment to increase capacity at Waterloo during the period between 2014 and 2019, and from proposals to “grade separate” working junctions in control period 6. I will come on to that in a moment, because it is important to say first that the process for identifying possible investments and upgrades for the next control period—between 2019 and 2024—began recently. As such, there are opportunities for my right hon. Friend, other Members and the public in general to contribute to this process and to influence the Government’s next rail investment strategy.

When these drafts are issued, it is important that right hon. and hon. Members understand that they can play a part in shaping the final outcomes. When I last spoke on railway matters, I emphasised that these things are not set in stone. The whole process is by its nature consultative, and drafts should not be deemed to be the final word on these matters, but instead a catalyst for fresh thinking, with right hon. and hon. Members playing a vital role in the process.

I return to the specific part of the railway under discussion today. Network Rail recently published its draft Wessex route study for just that kind of consultation. It highlights the network constraints in the area of Basingstoke, which include a mix of speed limits and the confluence of several lines. Due to its location on the south-west main line, Basingstoke suffers from the convergence of several routes further up the line at Woking, as my right hon. Friend the Member for Basingstoke suggested.

For those reasons, two of Network Rail’s emerging priorities for the next control period are, as I said earlier when dealing with my right hon. Friend’s questions, to “grade separate” the junctions at Woking and Basingstoke. For the benefit of those Members who do not speak in railway terms, as I myself did not until very recently, that term refers to the lifting, via a bridge, or dropping, via a tunnel, of a track over or under another, which means that trains moving in one direction do not get in the way of trains going in the other direction, preventing some of the frustrating stopping and starting with which many rail travellers are familiar.

In addition, the draft route study sets out options for the possible introduction of double-decker trains between Basingstoke and London; such trains were mentioned earlier in the debate. Although they are a common sight in other European countries, they have not really appeared on the British rail network, partly due to the height of some of our Victorian tunnels and bridges. As I have said, because I value the historic estate I would not want to see those tunnels and bridges being disregarded. Nevertheless, while the introduction of double-decker trains would necessitate the adaptation of the network, Network Rail is of the view that they may be a viable option on certain lines, and I am sure that my right hon. Friend and her constituents would relish the chance to lead the roll-out of such exciting technology on their line, becoming early beneficiaries of the additional capacity that it would bring.

Let me reiterate that these ideas are some of the emerging views for control period 6. The draft route study has been articulated and published by Network Rail, based on the information available to it at the time the route study was published. Indeed, the document acknowledges that the dominant issue is the need to provide sufficient capacity in peak periods, and consequently it has focused on developing choices to address that issue where needed, such as options to increase peak main-line capacity through use of new technology and “grade separated” junctions.

To that end, Network Rail is working with Transport for London, local authorities along the route and other stakeholders better to understand their views on these matters. My right hon. Friend the Member for Basingstoke eloquently and clearly outlined the other pressures that are likely to affect capacity. I know that she is concerned that the housing growth that is planned in and around her constituency will have a dramatic impact on that demand-supply balance.

I want my right hon. Friend to know today that I understand that concern, and that the Government appreciate the point she made about the importance of ensuring that wider policies are fully taken into account when capacity on this line is being planned. The case she has made has been heard by the Government and will be built into our further considerations.

[Maria Miller]

I thank the Minister for giving way; he is generous with his time. It is incredibly reassuring to hear what he is saying, because at this point in time it appears that house-building levels are not taken into account when future capacity is determined, and indeed that capacity is more likely to be determined by the number of new jobs generated in London than by the number of houses being built in my constituency, or indeed in the constituencies of my hon. Friend the Member for Winchester (Steve Brine) and my right hon. Friend the Member for North West Hampshire (Sir George Young). We need to make sure that this issue is taken into account, so that we can ensure that the proper increase in capacity on the line is put in place now.

[Mr Hayes]

My right hon. Friend needs to know that Basingstoke, North West Hampshire and Winchester are never far from my mind, and that they have been brought to the forefront of my mind today. As a result of this debate, I will ask my officials to take into account the views she has articulated and to make it perfectly clear that—in a proper, joined-up and coherent way—we consider some of the effects of growing population and the likelihood of that growth increasing demand for rail use. It would certainly be a fitting tribute to her and to the debate she has stimulated today for me to deliver that fresh thinking for her, which is precisely what I will try to do.

I think that the issue of ticketing was raised by my right hon. Friend—my hon. Friend the Member for Winchester mentioned it as well—and I am open to further consideration of the options, in terms of technological changes, that would speed up the ticketing process. I am also mindful of what my right hon. Friend said about fares. My commitment on fares is very clear.