Westminster abortion regulations must be accepted by Stormont, despite rejection

By PA

The Northern Ireland Assembly must accept new regulations on abortion made in Westminster, despite being rejected at Stormont, the UK Government has confirmed.

On Tuesday, a DUP motion at Stormont rejecting the "imposition" of abortion regulations by Westminster was carried by 46 votes to 40.

A Sinn Fein amendment, which called for abortions to only be restricted in cases of severe fetal impairments, such as Down's syndrome, was voted down.

Responding to an urgent question in the Commons from the DUP, Northern Ireland minister Robin Walker said: "I recognise that the assembly did debate one aspect of the regulations on Tuesday - severe fetal impairment - and passed a motion stating it does not support the provision allowing for abortions in cases of severe fetal impairment without time limit.

"While I respect the assembly's right to state their position on this, it doesn't have any bearing on the legal obligations that have been placed on us by this Parliament."

In July, MPs in Westminster voted to decriminalise abortion in Northern Ireland if the Stormont assembly was not up and running by October.

DUP Westminster leader Sir Jeffrey Donaldson said the regulations should not be voted on by Westminster as Stormont is back up and running again.

He told MPs: "It was argued that Parliament has the right to legislate on abortion in Northern Ireland in the absence of a functioning assembly.

"But that assembly has now been restored for almost five months and it is absolutely not the right way forward for Parliament to vote on these regulations."

Shadow Northern Ireland Secretary Louise Haigh said more needs to be done to get abortion services fully up and running in Northern Ireland.

She said: "In 2019 this place passed the Northern Ireland Executive Formation Act which has taken 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. While abortion is legal in Northern Ireland today, there is limited provision currently available and more needs to be done to get the full service up and running."

Conservative MP Fiona Bruce (Congleton) said: "Progressing these regulations now Stormont has returned and following Tuesday's decision there would show profound lack of respect for the people of Northern Ireland and their elected representatives.

"The rushed manner in which they were proceeded with here has thrown up deep flaws."

Labour's Stella Creasy has contributed to the urgent question on abortion regulation in Northern Ireland with her baby daughter in her arms.

Ms Creasy (Walthamstow), who has long campaigned on the issue, said: "We all recognise that this is a difficult issue for many and that there are strongly-held views on all sides of this debate.

"But one of the reasons why this House stood up for the human rights of all women in the United Kingdom was just because it was too difficult didn't mean that their rights should be denied.

"Devolution doesn't absolve us of our responsibility to uphold the human rights of every UK citizen. And I respect the argument that the minister is making, as does my daughter, that the human rights are at the heart of all of this, and that the role of the Assembly should be to come up with its alternative proposals if it doesn't like these regulations.

"Because to not propose these regulations would mean further delay and possibly women making unsafe choices in Northern Ireland because there isn't clarity about what services are available to them."

Ms Creasy added that "travelling is not a sustainable option" for women seeking abortions, particularly during the current pandemic.

"Now the minister says he wants to see the Department of Health in Northern Ireland providing these services. Can he tell us what his plan is, indeed, if the Northern Ireland Assembly continues to say that they will not commission these services?

"How do we ensure that we uphold the rights of CEDAW that we have said every woman in the United Kingdom is entitled to be covered by?"

Mr Walker said: "I do think that it is important that we should end the need to travel and that is what these regulations properly implemented should do."

He added that "is not something that can necessarily be done instantly" and "will continue to fund and support travel in the interim".

Mr Walker added: "We will work with the Department of Health in Northern Ireland, provide them with the support that they need and continue to engage with the relevant medical bodies to make sure that this process can be completed as quickly as possible."

The DUP's Carla Lockhart (Upper Bann) said the regulations make those with disabilities feel like they should not exist.

Ms Lockhart said: "This Government, whether we like it or not, is continuing to ride roughshod over the devolved administration in Northern Ireland.

"It is discriminating against people who have non-fatal disabilities, it is going far beyond its legal requirement and has implemented the most liberal abortion laws in the whole of Europe.

"Will he (Mr Walker) recognise the severe offence these regulations pose to people with disabilities, but also the clear will of the devolved institutions is that these regulations are not wanted in Northern Ireland?"

She added: "Today as I stand in this House on something I feel very passionately about I hear a little baby cry. I heard my own baby cry at 5 o'clock this morning, quite early. Both lives matter. It is not just about the women's health, it is about both lives.

"It is not the right of this Government to implement such liberal abortion laws on Northern Ireland that will see up to term, abortion for up to birth for disability."