Abortion Regulations: Northern Ireland

Louise Haigh Excerpts

Thursday 4th June 2020 Commons Chamber

[Mr Walker]

I respect the strength of feeling that my hon. Friend has always deployed on this issue. The UK Government take the issue of sex-selective abortions very seriously. They publish an annual analysis on the male to female birth ratio for England and Wales to see if there is any evidence for this. The most recent analysis was published in October 2019, and it found no evidence that sex-selective abortions are occurring in Great Britain. The regulations for Northern Ireland do not make any reference to sex-selective abortion and they follow the same approach as the UK on this issue.

[Louise Haigh (Sheffield, Heeley) (Lab)]

This urgent question this morning is on an extremely sensitive subject—perhaps the most sensitive of subjects that we as legislators can debate—and I, as the Minister has done, acknowledge the strength of feeling already expressed today and earlier this week in Stormont. But the task now for Westminster is implementing a law that already stands. In 2019, this place passed the Northern Ireland (Executive Formation etc) Act, which has taken legal effect. Abortion is now legal in Northern Ireland, and women there are entitled to the same rights and services as women in all other parts of the United Kingdom. We are now tasked with implementing the regulations setting out the legal framework that will bring Northern Ireland into line with the rest of the UK.

Although abortion is legal in Northern Ireland today, there is limited provision available and more needs to be done to get a full service up and running, so will the Minister commit to working with the Department of Health in Northern Ireland to ensure the full implementation of services as set out in the legal framework and to fulfil the UK’s international human rights obligations? As he has said, that responsibility remains with the Secretary of State for Northern Ireland.

Labour supported the recommendations of the United Nations convention on the elimination of all forms of discrimination against women—CEDAW—and we are supportive of the regulations to be debated on Monday that provide safe, legal and accessible abortion services to women in Northern Ireland. We heard last year that the CEDAW report deemed that abortion law in Northern Ireland created a “grave and systematic” violation of rights, and in our own Supreme Court in 2018, the position was deemed untenable. It was seen to be treating women like vehicles and was found to be incompatible with article 8 of the European convention on human rights. We cannot pick and choose which parts of CEDAW or our international human rights obligations we do or do not like, and CEDAW explicitly recommended legislation on severe foetal impairment. That is not today’s debate, however.

As we look forwards, not backwards, will the Minister commit to a timeline for the full provision of services? Regarding signposting and the availability of current services, will he confirm what steps he has taken to ensure that public information is available, and will he further confirm that telemedicine, which is available in England, Wales and Scotland during this pandemic, will be made available to the women of Northern Ireland?

[Mr Walker]

I am grateful to the shadow Secretary of State for setting out the position so clearly from the perspective of the Labour party. I recognise that it is a responsibility of the United Kingdom Government to deliver on our international human rights obligations. She is absolutely right in that respect. With regard to implementation, clearly this is now a responsibility for the Department of Health in Northern Ireland, and it is something on which we have written to that Department. We have written to other Departments that have responsibilities in this regard to ensure that the full detail of what was recommended in the CEDAW report is addressed, and the details of that are set out in the Government’s response to the consultation.

In terms of timelines, we all recognise that there have been additional pressures placed on services, and health services in particular, by the covid situation, so while it is the case that the full range of services are not available in Northern Ireland, we will continue to fund and support the travel for those—hopefully very few—women who will need to travel to the rest of the UK for terminations. The hon. Lady is right to say that we have an ongoing responsibility on this, and we will engage with that. We will continue to engage with the Department of Health to ensure that the full provisions are delivered on.

Victims of the Troubles: Payment Scheme

Louise Haigh Excerpts

Thursday 4th June 2020 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the implementation of the payment scheme for victims of the troubles.

[The Minister of State, Northern Ireland Office (Mr Robin Walker)]

The Secretary of State has asked me to pass on his apologies for not being able to answer this urgent question in person, as he is currently in Northern Ireland engaging in discussion on these and other matters and was unable to return to the House in time for it. I hope that the House will not mind, therefore, if I answer on his behalf. He has written to the hon. Lady, my hon. Friend the Member for North Dorset (Simon Hoare), the Chair of the Northern Ireland Affairs Committee, and the Victims’ Commissioner on this matter today.

Last summer, the House agreed that in the continuing absence of an Executive, the Government should make regulations establishing a troubles victims payment scheme. There was cross-party support for establishing the scheme, which was intended to provide much needed acknowledgement and a measure of additional financial support to those most seriously injured during the troubles. We made regulations establishing a victims payment scheme in January and did so, yes, to fulfil our legal obligation under the Northern Ireland (Executive Formation etc) Act 2019, but also because we are committed to doing what we can to progress a scheme that has been too long delayed by political disagreements. Having spoken personally to a number of victims’ groups and the Victims’ Commissioner in recent weeks, I am very aware of how long many people have waited for an acknowledgement of the physical distress and emotional trauma caused by injuries to themselves or loved ones during the troubles.

Much has been made in the media of the suggestion that funding is holding up the establishment of this scheme, but that is not the case. Funding is not preventing the Executive from being able to take the vital steps to unlock implementation; rather, the key step to unblocking the process is the designation of a Northern Ireland Executive Department to provide administrative support to the Victims’ Payments Board. I am afraid to say that despite this decision being the subject of discussion by Executive Ministers for some time and one on which the Secretary of State is currently engaging them in Northern Ireland, they have not yet designated a Department to lead on the implementation of this scheme. The Justice Minister is prepared to lead on the scheme, but Sinn Féin has been clear that it wants to reopen the criteria by which eligibility for the scheme will be determined. That is already set in legislation and provides a fair basis for helping those who suffered most throughout the troubles. It is therefore imperative that Sinn Féin, along with all the parties, enables the scheme to move forward, as the time for delay is gone.

The Government take this matter very seriously, and we are extremely disappointed by the current delay. It is because of the high priority we place on this issue that the Secretary of State has written to and had meetings with the First Minister and Deputy First Minister. We have been offering and providing all appropriate support to help progress the implementation of this scheme. I assure all right hon. and hon. Members that the UK Government are committed to seeing this matter progress; victims have waited too long for these payments. The Northern Ireland Executive committed to finding a way forward on this issue in 2014. The UK Government have provided that way forward, through the regulations made in January, following public consultation. The Executive must now set aside their political differences and deliver for victims.

[Louise Haigh]

Thank you for granting this urgent question on this important and sensitive topic, Mr Deputy Speaker. I thank the Minister for his response, and the Secretary of State for speaking to me last night and writing to me about the issue this morning. Last year, we were proud to join cross-party efforts to introduce the victims’ payment scheme, as has been laid out by the Minister, to provide a measure of support and, crucially, acknowledgement to those whose lives were devastated by the troubles. I wish to pay a particular tribute to my noble Friend Lord Peter Hain; to the former Secretary of State for Northern Ireland, the right hon. Member for Skipton and Ripon (Julian Smith), who is in his place; and to the many victims and groups in Northern Ireland who have been campaigning for this for so many decades, not least the WAVE Trauma Centre. Clearly, nothing will ever take away a lifetime fundamentally altered by sickening acts of violence, but ensuring victims can live in dignity was and still must be our overriding principle. I know it is one the Minister is deeply committed to, and I do not, for a moment, doubt his personal commitment to making sure those promises made to victims in Northern Ireland are now honoured. However, last Friday the deadline for the payments that victims are entitled to in law came and went.

The legal obligation under that law, passed here in Westminster, to start processing payments was not met, and victims in Northern Ireland and across the rest of the UK have looked on in horror. Many victims have waited a lifetime for some measure of support, and there is simply no excuse for victims to be so cruelly denied that support once again. They are victims such as Alex Bunting, who lost his leg when the IRA planted a bomb in his taxi in 1991, in a case of mistaken identity, and who has since campaigned on behalf of all victims of the troubles, from all communities. They are victims such as Paul Gallagher, whom I have met on two occasions. He was shot by loyalist gunmen who were waiting to attack an ex-republican prisoner who lived nearby but who tired of waiting for their target and fired into the Gallaghers’ living room with a submachine gun, leaving him permanently disabled. Despite that horrifying experience, Paul has described the past week, in which he has seen something he has fought so hard to see achieved not delivered, as the worst week of his life. It is hard to overestimate how re-traumatising this experience has been for many victims. All of us, as politicians, have a moral and legal responsibility now to get this scheme over the line. The legislation has been passed, the debates have been had and no one should be standing in its way. The legislation, as passed, allows a judicial panel to determine on the more controversial cases, so any attempts to frustrate this or reopen questions over eligibility are not only disrespectful to victims, but utterly misplaced.

In that spirit, I would like to ask the Minister a number of questions. He said that funding is not at issue, but the First Minister has said:

“It is unseemly that these deserving people are being let down due to the Government not releasing funding.”

So can he confirm what funding is with the Executive now and in place in order to implement this scheme? Can he further explain to the House whose responsibility it is to issue guidance and whether the Secretary of State will issue draft guidance to a Department when it is designated? It is very welcome to hear that the Department of Justice stands ready to be designated.

Will the Minister further confirm that the regulations are explicitly permissive and allow significant scope for the judicial board to consider cases on an individual basis, and that controversial cases should not be holding up payments to victims as a whole? What discussions have been held with the Lord Chief Justice and the Northern Ireland Judicial Appointments Commissioner to ensure that once a department is designated, victims can have confidence that the payment board and president will be in place very quickly? Finally, does he accept that way victims have been treated, finding out about delays to the scheme almost by accident has, in the words of Judith Thompson, the Commissioner for Victims and Survivors, literally added insult to injury? This cannot be another false dawn for the victims of the troubles. Surely it is now time for all of us, Westminster and Stormont, to meet our moral and legal obligations, and finally to deliver the pension and acknowledgement that so many have waited so long for.

[Mr Walker]

I am grateful to the hon. Lady for the chance to answer this urgent question, and it is an area on which the Government and Opposition have worked closely and constructively in the past. I share the sense of frustration that is palpable in her question, as does the Secretary of State, and she gave powerful examples of some of the victims who have been affected by the process. We want this scheme to be in place as soon as possible, and to ensure that people begin to see some acknowledgement of the suffering they have undergone.

The UK Government have complied fully with their legal duties by establishing a victims payment scheme in January. We welcomed the opportunity to do so, as we wanted progress on the scheme that has been delayed by political disagreements for too long. It is important to remember that this is a devolved matter, which the Executive were to take forward under the Stormont House agreement, and which they are legally obliged to implement under the provisions of the 2020 regulations.

We take the recent delays in the implementation of the scheme extremely seriously. As I said, the Secretary of State has spoken to the First Minister and Deputy First Minister to express his concern, and there have been multiple discussions with the parties in Northern Ireland. He will continue to raise this issue in his regular engagements with them, until such time as all parties, including Sinn Féin, have agreed a way forward.

We will continue to prioritise supporting the Executive in their delivery of the scheme for victims who have already waited too long. Officials from the Northern Ireland Office already provide support to the Executive Office on implementation, by advising officials about the intended effect of policy thinking behind the regulations. We stand ready to provide that guidance to the relevant Northern Ireland Department as soon as it is designated—this is a matter that that designation issue will unlock.

I appreciate the points that were raised about funding, but I wish to be clear that funding for the scheme is, and always was, to come from the block grant. This is a devolved matter, and devolved matters are traditionally funded from the block grant. Northern Ireland receives a generous financial settlement each year from the UK Government. It receives £12.6 billion for the block grant, and since January it has received £2 billion for the “New Decade, New Approach” programme, £1.2 billion in covid-19 support, and £216 million in the March Budget.

The Executive have tried to rely on a technical funding argument that because the UK Government decided the shape of the scheme, they should fund it. They also argued that it is our responsibility because the incidents took place largely during periods of direct rule. We are clear, however, that the Executive committed to establishing a scheme like this one in 2014, and the UK Government acted exceptionally in the absence of the Executive to legislate for it. Those were unprecedented times.

In the 2014 Stormont House agreement, the parties in Northern Ireland agreed that further work should be undertaken to seek an acceptable way forward and deliver on a scheme such as this. In the absence of an Executive, the UK Government consulted widely on our approach, including with the Northern Ireland parties, and in January we legislated to establish the scheme. We acted in a devolved area in exceptional circumstances—we have already heard about that today—and it is for the devolved Administration to fund the scheme. I agree with the hon. Lady that any attempt to reopen questions that have already been settled about the definition of victims, or the role of the independent panel, are totally unnecessary and would upset the vast majority of victims who we want to help with this scheme.

In conclusion, I reiterate the Secretary of State’s total commitment to seeing the Executive make progress on opening this scheme. The Executive are responsible for delivering this much needed scheme, and they must communicate a timetable for opening it urgently. The current delay and lack of clarity cannot be allowed to continue. Victims and survivors have waited too long, and the scheme must open as soon as reasonably practical.

Oral Answers to Questions

Louise Haigh Excerpts

Wednesday 13th May 2020 Commons Chamber

[Mr Speaker]

We go across to Louise Haigh, who is standing in as the temporary shadow Secretary of State, and wish Tony Lloyd well.

[Louise Haigh (Sheffield, Heeley) (Lab) [V]]

Thank you, Mr Speaker. Can I also send all our love and best wishes to my hon. Friend and predecessor, the Member for Rochdale (Tony Lloyd), who continues to make a recovery from covid-19?

The Secretary of State will regret, as I do, the disrespectful way in which the devolved nations were cut out of the Prime Minister’s announcement on Sunday and the confusion that reigned across the UK as a result. Will he commit to ensuring that the Northern Ireland Executive are fully consulted and informed on the next phase of lockdown and future changes to messaging?

[Brandon Lewis]

I would like to offer the hon. Lady a warm welcome to her new role. I look forward to working with her for the benefit of the people of Northern Ireland. If you will indulge me briefly, Mr Speaker, I want to pay tribute to the hon. Member for Rochdale (Tony Lloyd), who served in his post admirably for over two years and through three different Secretaries of State; I hope that the hon. Lady only deals with one Secretary of State in her time in office. I was hugely pleased to hear of his recovery, and I am glad that he has decided to continue to represent the people of Manchester as he recovers, as he has done over the last four decades.

We are working with the devolved authorities. They have Ministers sitting on all the committees that are discussing issues around how we deal with coronavirus, and all the devolved authorities were present and part of the decisions made at the Cobra meeting on Sunday, ahead of the Prime Minister’s announcement.

[Mr Speaker]

I welcome the hon. Lady to her permanent position.

[Louise Haigh]

Thank you, Mr Speaker; that was a very quick promotion.

As the Secretary of State said, not only is co-ordination across the UK important, but the unique situation in Northern Ireland means that co-operation with the Republic of Ireland is equally important. Can he explain why those in Northern Ireland who hold an Irish passport, as is their right under the Good Friday agreement, are still unable to check their eligibility for the self-employed support scheme, and can he commit to urgently rectify that problem before the scheme starts to pay out?