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Theresa May to oppose MPs' vote on Northern Ireland abortion law MPs call for Theresa May to permit poll on abortion in Northern Ireland
(about 4 hours later)
Theresa May will oppose plans to let MPs vote to liberalise Northern Ireland’s oppressive abortion laws, Downing Street has signalled. Theresa May was facing growing demands to allow a referendum on relaxing the abortion laws in Northern Ireland on Sunday after signalling that she will not risk alienating her DUP allies by letting MPs settle the matter with a parliamentary vote.
The prime minister believes that it would be wrong for Westminster to legislate on a matter that should be decided by the devolved administration in Belfast and ministers fear that imposing pro-choice laws on Northern Ireland could backfire. Conservative MPs and the Royal College of Midwives were among those calling for a referendum, which would give voters in Northern Ireland the chance to follow the example set by the Republic of Ireland after it backed abortion liberalisation by a surprise landslide of two to one.
But May is likely to face strong pressure to allow a parliamentary vote, with her cabinet colleague Penny Mordaunt, the women and equalities minister, saying at the weekend that the hope for change in Northern Ireland “must be met” amid calls for the region to have a referendum. Around 160 MPs have backed a letter, championed by the Labour MP Stella Creasy, saying the government should legislate to relax the abortion rules in Northern Ireland, which will now be the only place in Britain and Ireland where abortion is in most circumstances illegal. Creasy wants to force a vote by tabling an amendment to the forthcoming domestic violence bill.
Following the Irish referendum, Northern Ireland is the only place in the UK and Ireland – and most of Europe – where terminations are outlawed apart from in the most exceptional circumstances.Following the Irish referendum, Northern Ireland is the only place in the UK and Ireland – and most of Europe – where terminations are outlawed apart from in the most exceptional circumstances.
The UK Abortion Act of 1967 was never extended to Northern Ireland, and abortion remains illegal unless the life or mental health of the mother is at risk. Northern Ireland has the harshest criminal penalty for abortion anywhere in Europe; in theory, life imprisonment can be handed down to a woman undergoing an unlawful abortion.The UK Abortion Act of 1967 was never extended to Northern Ireland, and abortion remains illegal unless the life or mental health of the mother is at risk. Northern Ireland has the harshest criminal penalty for abortion anywhere in Europe; in theory, life imprisonment can be handed down to a woman undergoing an unlawful abortion.
Fatal foetal abnormalities and conceptions by rape or incest are not lawful grounds for a termination.Fatal foetal abnormalities and conceptions by rape or incest are not lawful grounds for a termination.
Most politicians in Northern Ireland – Catholic and Protestant – do not favour reform, despite the UN saying the UK was violating the rights of women in Northern Ireland by restricting their access to abortion.Most politicians in Northern Ireland – Catholic and Protestant – do not favour reform, despite the UN saying the UK was violating the rights of women in Northern Ireland by restricting their access to abortion.
In 2016 more than 700 women from Northern Ireland crossed the Irish Sea to clinics in Britain to terminate pregnancies.In 2016 more than 700 women from Northern Ireland crossed the Irish Sea to clinics in Britain to terminate pregnancies.
The landslide vote in favour of liberalising abortion laws in the Irish Republic has put the spotlight on Northern Ireland, which will be the only place in Britain and Ireland where abortion is illegal in most circumstances. The 1967 Abortion Act was never extended to the region and abortion is only allowed if the life or mental health of the mother is at risk. Downing Street’s initial response was to reject the idea of giving MPs a vote, on the grounds that abortion is a devolved matter and one that should be decided by the power-sharing executive and the Northern Ireland assembly. A source said that Theresa May’s focus was on getting the executive, which has been suspended for more than a year, “back up and running”.
A Downing Street source said on Sunday May believed abortion reform was “an issue for Northern Ireland” and that the problem highlighted the need for the restoration of the power-sharing executive at Stormont, which has been in abeyance since it collapsed in January last year. But there were reports on Sunday of opposition even within the cabinet, with women and equalities minister Penny Mordaunt saying on Twitter that the hope for change in Northern Ireland “must be met” amid calls for the region to have a referendum – although she did not specify how.
Rory Stewart, a justice minister, went further, telling the BBC’s Sunday Politics that it would be counterproductive for Westminster to legislate on this the matter. “It isn’t the job – and it would be very, very dangerous – for British politicians to be seen to be telling people in Northern Ireland how to vote,” Stewart said. Obstacles to a parliamentary vote have prompted some MPs to argue for a referendum, which would allow the people of Northern Ireland to take the final decision, not London, while also bypassing the logjam created by the suspension of the executive.
He said the UK government was acting as a “caretaker” administration in the absence of a Stormont executive and “that must not be used to make fundamental constitutional, ethical changes on behalf of the people in Northern Ireland”. Sarah Wollaston, the Conservative MP and GP who chairs the Commons health committee, told the BBC that, while she would vote in favour of pro-choice legislation for Northern Ireland, if that proved impossible a referendum was a good second best.
But many MPs want the House of Commons to settle the issue, and the Labour MP Stella Creasy has said she intends to force a vote by tabling an amendment to the forthcoming domestic violence bill. “We’d all like to see the Stormont Assembly back up and running and for this decision to be made by people in Northern Ireland but if that doesn’t happen ... then at the very least people in Northern Ireland should be allowed a referendum so that we can gauge the strength of opinion there,” Wollaston told the BBC.
Sir Vince Cable, the Liberal Democrat leader, said on Sunday that the deadlock in Northern Ireland meant that the Westminster government was entitled to take the initiative. “In Northern Ireland, women have suffered from antiquated, inhumane criminalisation for far too long. Theresa May cannot remain silent on this issue,” he said. Maria Miller, the Conservative former culture secretary who now chairs the Commons women and equalities committee, posted a message on Twitter saying: “No one should deny the people of Northern Ireland a referendum for the opportunity to have the same rights on abortion as the rest of the UK.”
“Since there is, effectively, direct rule from Westminster, the UK government has the responsibility. It can and should take the opportunity to deal with this issue properly.” And in Northern Ireland the Royal College of Midwives’ regional director Breedagh Hughes said no one was speaking up for the “pro-choice majority” in Northern Ireland at present and the only way to give them a voice was through a referendum.
But the leader of the Democratic Unionist party, Arlene Foster, dismissed calls for a referendum. She said: “Friday’s referendum has no impact upon the law in Northern Ireland, but we obviously take note of issues impacting upon our nearest neighbour. “We have 12 Democratic Unionist MPs whose views do not reflect the majority opinion on the abortion question,” Hughes said. “We have Sinn Fein MPs who don’t take their seats at Westminster. We don’t have a functioning local Assembly which could take this issue on again even though in the past the DUP and others vetoed change. So, the people are voiceless on the abortion question and we say to Theresa May – give us a referendum Prime Minister so that change can come about.”
“A referendum was held in the Republic of Ireland because of the constitutional prohibition on abortion that existed there. No such constitutional bar exists in Northern Ireland. A Number 10 source said May was also opposed to the idea that parliament should legislate for a referendum in Northern Ireland on the grounds that, if there were to be a referendum, that should also be matter for the Northern Ireland executive.
“The legislation governing abortion is a devolved matter and it is for the Northern Ireland assembly to debate and decide such issues. Some of those who wish to circumvent the assembly’s role may be doing so simply to avoid its decision.” Under the Sewel convention, the UK government has agreed that it will not normally legislate on matters that are the responsibility of devolved administrations without their consent.
Under the Sewel convention, the UK government agreed that it would not normally legislate on matters that are the responsibility of devolved administrations without their consent. On those grounds, ministers could try to prevent a vote taking place on the domestic violence bill or on other legislation. But the government is set to ignore this for the first time in Scotland, pushing ahead with the EU withdrawal bill even though the Scottish government is opposed, and May’s stance on abortion is partly motivated by a desire not to antagonise the DUP, who provide the votes that give the Tories their majority and who are strongly opposed to liberalising Northern Ireland’s abortion laws.
Sinn Féin, the second-largest party in Northern Ireland, supports limited change to the region’s abortion laws. Michelle O’Neill, its leader in Northern Ireland, told ITV that the region was “becoming a backwater” in terms of rights because of the position taken by unionists. May did not comment on the Irish referendum result until lunchtime on Sunday, almost 24 hours after the final result was confirmed, when she posted a tweet congratulating the Irish people on their decision.
Anne Milton, the skills minister, told the BBC that she thought there would be “a significant majority” in favour of liberalising the abortion laws in the Commons. Abortion is traditionally a matter on which MPs are given a free vote. On a free vote the Commons would probably vote overwhelmingly in favour of bringing Northern Ireland’s abortion laws into line with those in the rest of the UK. But the domestic violence bill, which Creasy would like to use as a vehicle for an abortion amendment, is still at the consultation phase and, even when it does come to the Commons, Downing Street thinks that the Sewel convention will ensure that Northern Ireland related amendments get ruled inadmissable.
Mordaunt tweeted on Saturday: “Based on the exit poll, a historic and great day for Ireland, and a hopeful one for Northern Ireland. That hope must be met.” In the past polls have revealed strong support in Northern Ireland for relaxing abortion laws in at least some circumstances, although not to the extent allowed in the rest of the UK.
She did not say she thought it was for the Commons to change the law but she said in a report in the Sunday Times that she favoured MPs having a free vote, as do the four previous women and equalities ministers: Amber Rudd, Justine Greening, Nicky Morgan and Maria Miller. Currently abortions in Northern Ireland’s hospitals are only available to women and girls where their life or health is in grave danger; only 23 were carried out between 2013-14.
Sarah Wollaston, the Conservative MP who chairs the Commons health committee, said she would personally vote in favour of liberalising laws in Northern Ireland, but she thought the Commons Speaker might refuse to allow such a vote on the grounds that it was a devolved matter. But as an alternative, MPs should “at the very least” press for a referendum in Northern Ireland on the matter, she said. Miller has also called for a referendum. The call for a referendum is opposed by some of the MPs who want to change the law in Northern Ireland. Creasy pointed out that, while a referendum was necessary in the Republic because of its constitution, that was not the case in a north. A referendum would be a move “in the wrong direction” because the law should be changed now, she said.
In the past, polls have revealed strong support in Northern Ireland for relaxing abortion laws in at least some circumstances, although not to the extent allowed in the rest of the UK. In a statement Arlene Foster, the DUP leader, said: “The legislation governing abortion is a devolved matter and it is for the Northern Ireland assembly to debate and decide such issues. Some of those who wish to circumvent the assembly’s role may be doing so simply to avoid its decision. The DUP is a pro-life party and we will continue to articulate our position.”
Sinn Féin, the second-largest party in Northern Ireland, supports limited change to Northern Ireland’s abortion laws. Michelle O’Neill, its leader in Northern Ireland, told ITV on Sunday that the region was “becoming a backwater” in terms of rights because of the position taken by unionists.
A spokesperson for Unite, one of the largest unions representing workers in Northern Ireland, backed the RCM’s call for a referendum.
“As long as it does not in any way entail imposing direct rule Unite would like Theresa May to consider the idea of a local referendum and explain to is why, if she objected, the people in Northern Ireland wouldn’t be granted one,” a Unite spokesperson said.
AbortionAbortion
Northern IrelandNorthern Ireland
HealthHealth
WomenWomen
Northern Irish politicsNorthern Irish politics
Irish abortion referendumIrish abortion referendum
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