UK Parliament / Open data

Northern Ireland (Executive Formation and Exercise of Functions) Bill

I am aware that time is short, so I will make a couple of short points.

Following on from the previous speeches, I urge everyone in the Committee not to support new clause 7 for a number of good reasons. First, this is a hugely controversial issue. Regardless of what Members think of my views, they must objectively accept that this is a controversial issue in Northern Ireland. This amendment has been tagged on to a Bill during its accelerated passage through the House. The fact I am standing here with just a couple of minutes to make these points emphasises that this is the wrong way to do it. I urge Members, regardless of their views on the substantive issue, to reject new clause 7, so that we can have proper consideration of this issue in this House or in any other more appropriate Chamber.

Secondly, there is the devolution settlement. The termination of pregnancies is presented by some, including in the Committee, as a very black and white issue—we are either supporting women, or we are against women—but the reality is that court cases in every country in the world, including in relation to the European convention on human rights, have found this to be a complex issue that is rightly for democratic institutions in each jurisdiction.

In the UK, termination of pregnancy is very clearly a devolved issue. I accept that there are some complications in relation to the legal cases, and it may be, for the first time, on very narrow grounds of life-limiting conditions—fatal foetal abnormality, and rape and incest, potentially—that this is ruled to be a human rights issue under the European convention on human rights. If that happens, it becomes a more complex issue, not just for the UK, but for all signatories to that convention, because there will be horizontal impacts from that type of decision. But in the first instance the courts have recognised that this is rightly for the relevant democratic body, which in this case is clearly the Northern Ireland Assembly.

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The third issue I wish to raise is workability. As has been mentioned, new clause 7 attempts, through guidance, to change the law. As the Secretary of State has clearly said, guidance cannot do that. Any change in the law in Northern Ireland will require legislative change, so this provision is asking the Secretary of State to ask officials to do something that is simply impossible in law. That would

be explored in much more detail, and in adequate detail, if we had more time to scrutinise the new clause. That in itself proves to me that this is the inappropriate vehicle for this, regardless of the substantive issues involved. I urge everybody in this Chamber to consider this matter, give it the appropriate time at a later stage and reject new clause 7 now.

About this proceeding contribution

Reference

648 cc390-1 

Session

2017-19

Chamber / Committee

House of Commons chamber
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