PARLIAMENTARY WRITTEN QUESTION
(14 May 2021)
Question Asked
Asked by:
Sir John Hayes (Conservative)
Answer
We recognise that access to abortion services is an emotive and sensitive issue for many. In July 2019, Parliament imposed on the Secretary of State for Northern Ireland a duty under section 9 of the Northern Ireland (Executive Formation etc) Act 2019 to ensure all of the CEDAW recommendations are implemented in Northern Ireland. This is a matter of domestic, not international, law.
The devolution settlement does not absolve us of our responsibility to uphold the rights of women and girls, given the duty in section 9 of the EF Act did not fall away with the restoration of the Executive, nor with the making of the initial regulations that came into force on 31 March 2020.
While we made the Regulations last March providing the framework for access to abortions, and some service provision commenced, this has not discharged those legal duties in full. We carefully considered the views and evidence presented through the consultation - including those who took the time to share individual, and often deeply personal experiences, to help shape the final framework for Northern Ireland. The CEDAW Report and recommendations require that evidence based protocols are adopted in terms of provision of services in Northern Ireland, and we took particular account of the views and evidence provided by experts and medical professionals, alongside the views of other respondents in making decisions on the final proposals. We considered the range of views in light of our legal obligations, and took evidenced based decisions, in order to bring forward a new legislative framework that is operationally sound, works best for Northern Ireland and that delivers on the Secretary of State for Northern Ireland’s duty. To this end, we developed an abortion framework that provides access to services consistent with what the CEDAW Report and the section 9 duty require.
We consider the Regulations to also be compatible with the European Convention on Human Rights and the United Nations Convention on the Rights of Persons with Disabilities (CRPD), and we are confident that the legal framework put in place, and the ongoing efforts to ensure the CEDAW recommendations are implemented, is lawful in light of case law and the statutory obligations imposed on the Secretary of State for Northern Ireland.
Answered by:
Mr Robin Walker (Conservative)
24 May 2021
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