PM will leave ‘legacy of discrimination and death’ if disability abortion forced on Northern Ireland

Lord Shinkwin has said Theresa May will leave a “legacy of discrimination and death”  if disability abortion is forced on Northern Ireland. He also said the abortion amendment suggests people diagnosed with a disability before birth “would only be considered good enough for the incinerator.”

In the final debate in the House of Lords over extreme abortion amendments added to the Northern Ireland (Executive Formation) Bill, Lord Kevin Shinkwin attacked the abortion amendment, citing the damage it will do to people with disabilities and the legacy the outgoing Prime Minister will leave behind.

Lord Shinkwin, who himself has a disability, said:

“I am good enough to sit in your Lordships’ House, but this Bill suggests that someone diagnosed before birth with a disability such as mine in Northern Ireland would only be considered good enough for the incinerator.”

“Because that is the brutal message of this Bill: if you are diagnosed with a disability before birth in Northern Ireland, you will not just be worth less than a non-disabled human being; you will be worthless—you would be better off dead. What a dreadful message for this House to send the people of Northern Ireland, without even having consulted them in advance.”

Lord Shinkwin went on to read out part of a letter from more than 700 people with Down’s syndrome and their families addressed to the Prime Minister. The letter read:

“Theresa May, do you really want to look back at your time in Parliament and see one of your final acts being to introduce a change in the law that would be discriminating against our community and likely lead to many more babies with Down’s syndrome being aborted in a time of equality?”

In England and Wales, 90% of human beings diagnosed before ​birth with Down’s syndrome are aborted. In the last 10 years there as been a 42% increase in abortion of human beings with Down’s syndrome.

“If human beings diagnosed before birth with disabilities such as mine were wild animals, they would be given endangered species status and protected by law.”

“But we are only disabled human beings, so instead we face gradual extinction. That is what this Bill imposes on Northern Ireland, without consultation.”

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Full text of Lord Shinkwin’s speech

Lord Shinkwin

My Lords, I will speak in support of Amendments 16 and 16A. We have already heard how understandably upset the people and the politicians of Northern Ireland are at not having been consulted about our imposing massive changes on them on such hugely sensitive issues. But what we have not heard are the views of disabled people in Northern Ireland. For the simple fact is that, if the Bill becomes law, human beings in Northern Ireland with conditions like mine will suffer the death penalty for the crime of being diagnosed with a disability before birth.

I asked my noble friend the Minister several questions in Committee on Monday; he answered not one of them, so I will have another try. First, can he tell me what consultation has been carried out of people with Down’s syndrome or their families in Northern Ireland? The Prime Minister prides herself on the Government’s professed commitment to equality, so perhaps my noble friend the Minister could tell the House what effort the Government have made to establish how people with Down’s syndrome and their families in Northern Ireland feel about the prospect of human beings with Down’s syndrome being aborted and denied their equal right to exist? I would be very happy to give way if my noble friend would care to answer.

Lord Duncan of Springbank

Absolutely. This remains, at present, a fully devolved matter, and that consultation would be undertaken by the devolved entity. At the present time there is no devolved entity, and that consultation has not been undertaken by those MLAs or by the restored Executive; it is not there. We have been able to move this matter forward only since the instruction of the other place only a short time ago.

Lord Shinkwin

I thank my noble friend for his answer. In that case, I hope very much that he will accept Amendments 16 and 16A, since he has just emphasised his commitment to consultation.

Lord Duncan of Springbank

I would not normally stand up at this point, but it is important to note that the consultation envisaged in the early amendments, which have already passed, would have that full consultation because disabled people in Northern Ireland are a protected group.

Lord Shinkwin

I wonder whether my noble friend could possibly help me with this question. Could he tell me why—

Baroness Smith of Basildon

May I suggest that if the noble Lord wants the Minister to answer questions, he makes his speech and the Minister answers at the end? That would be a courtesy to the House, and more helpful.

Lord Shinkwin

The question is actually directly related to the House, so if I may I will continue.

I wonder if my noble friend, or indeed anyone in the House, could tell me why—I can quite understand why the noble Baroness would perhaps not like me to ask this question—as someone who was born with a disability, I am good enough to sit in your Lordships’ House, but this Bill suggests that someone diagnosed before birth with a disability such as mine in Northern Ireland would only be considered good enough for the incinerator. Because that is the brutal message of this Bill: if you are diagnosed with a disability before birth in Northern Ireland, you will not just be worth less than a non-disabled human being; you will be worthless—you would be better off dead. What a dreadful message for this House to send the people of Northern Ireland, without even having consulted them in advance.

As a disabled person, I am used to people feeling sorry for me, but today it is I who feel sorry for my party. What a desperately sad position this Bill puts my party in. Not only does it make a mockery of any pretence at government neutrality on a matter of conscience; it also enshrines inequality in law for Northern Ireland—and all this without consulting the people of Northern Ireland or their MLAs. How ironic that this is happening just before we celebrate a quarter of a century since my party, the Conservative Party, introduced the Disability Discrimination Act, which championed disability equality.

Perhaps saddest of all is the legacy the Prime Minister leaves if this Bill becomes law—a legacy of discrimination and death. Instead of ending burning injustices, if this Bill becomes law she will be leaving office after the creation of one of the biggest burning injustices imaginable.

Earlier this evening, my noble friend the Minister read out part of a letter to the Prime Minister concerning the amendments on same-sex marriage. I will do the same, only mine is a letter to the Prime Minister from more than 500 people with Down’s syndrome and their families. Perhaps my noble friend the Minister has it in his briefing pack—perhaps not. This is what they say:

“Theresa May, do you really want to look back at your time in Parliament and see one of your final acts being to introduce a change in the law that would be discriminating against our community and likely lead to many more babies with Down’s syndrome being aborted in a time of equality”.

How do they know the likely death toll for Down’s syndrome diagnosis? They know because in England and Wales, 90% of human beings diagnosed before ​birth with Down’s syndrome are already aborted. Indeed, while the last 10 years have seen amazing advances in medicine and technology, they have also seen a 42% increase in abortion of human beings with Down’s syndrome.

So, the writing is on the wall. If human beings diagnosed before birth with disabilities such as mine were wild animals, they would be given endangered species status and protected by law. But we are only disabled human beings, so instead we face gradual extinction. That is what this Bill imposes on Northern Ireland, without consultation.

I close with two questions for my noble friend. He is rightly respected as a leading advocate of LGBT rights and I take this opportunity to congratulate the noble Baroness, Lady Barker, on her recent marriage and to wish her and her wife every happiness. Love is love. It is a wonderful thing, as is the personal and societal security, stability and happiness that flow from it. My point is this: I would never presume to invalidate anyone’s love for another human being, including by denying them the right to get married. But why, then, do my noble friend and the Government use this Bill to invalidate the most fundamental right of all: every human being’s equal right to exist? For that, ultimately, is what this Bill does, and without the consent of the people of Northern Ireland or their MLAs.

My last question is this. Recent reports in the media suggest that the day is fast approaching when a predisposition to same-sex attraction can be established before birth. Yet there will be nothing to prevent abortions on that basis, although another reason would presumably be given. Would my noble friend stand at the Dispatch Box and defend the right for people to make such a choice, or would he stand with me and say that such discrimination would be unacceptable and wrong? If, as I hope, he would join me in opposing such discrimination, how can he possibly defend such discrimination against human beings whose only crime is to be diagnosed with a disability before birth?

It is no less unacceptable and wrong for us to impose such inequality on the people of Northern Ireland without their consent. It is vital that, at the very least, that consent is secured by introducing a requirement that a majority of MLAs support regulations before they are laid before Parliament. I urge noble Lords to support Amendments 16 and 16A.

Conservative Gov abandons neutrality to impose abortion on Northern Ireland

The Conservative Government appears to have abandoned its neutral policy in regard to abortion as it promotes legislation which would force abortion on Northern Ireland.

For various legislative reasons, an abortion amendment added to the Northern Ireland (Executive Formation) Bill will not function as intended and would not implement abortion in Northern Ireland. 

However, the Government has since made clear that it is working to redraft the abortion clause so that the Bill will force abortion onto Northern Ireland.

On behalf of the Government, Lord Ian Duncan said: “I have just met [the MPs who proposed the amendments] to discuss how best to take this forward and to ensure that [the amendments] can be delivered.”

Commentators have reported that the outgoing Prime Minister, Theresa May, is concerned to leave a strong legacy. Currently, it looks like she will head the first Conservative Government, not only to actively change abortion legislation but to do so against the expressed will of 100% of MPs representing Northern Ireland, all of whom voted against the abortion amendment.

Whilst the original amendment to force abortion on Northern Ireland came from Stella Creasy MP and a number of other MPs, the Conservative Government have since committed to redrafting the amendment. Should it succeed, they will be directly responsible for the imposition on abortion on Northern Ireland.

Due to the pro-life laws in Northern Ireland 100,000 people are alive today who would otherwise not be. The Government are now actively attempting to remove those legal protections that protected the lives of these people.

Clare McCarthy from Right To Life UK said:

Polling shows that two-thirds of Tory councillors oppose Westminster forcing abortion on Northern Ireland, which likely reflects the sentiment of grassroots Conservative voters.”

“It is truly disappointing that this Conservative Government look set to be the first, not only to change abortion legislation, but to break the devolution settlement and impose it on a region that does not want it.”

“As Lord Shinkwin said last night, Theresa May will leave a “burning injustice” as her legacy if she continues to support forcing abortion on Northern Ireland.”

Two-thirds Tory Councillors oppose Gov move to force abortion on Norther Ireland

New polling has revealed that two-thirds of Conservative councillors (67%) support abortion remaining a devolved matter for Northern Ireland, and believe that it should be up to politicians in Northern Ireland to decide whether to change the law on this issue. 

The ComRes poll is thought to be broadly representative of voting sentiment among grassroots Conservatives and indicates that there is very little support from Conservative party members to impose abortion on Northern Ireland from Westminster. 

The poll also showed the highest support for respecting devolution on this issue from the devolved regions (Wales and Scotland), with 86% supporting abortion being a devolved matter for politicians in Northern Ireland to decide.

The poll comes as Theresa May’s Government faces a major backlash from Northern Ireland against the Government’s plan to redraft the abortion clause in the Northern Ireland (Executive Formation) Bill to introduce an extreme change to abortion law, likely ushering into Northern Ireland the most extreme abortion law in Europe. 

This move appears to signal an end to the Conservative Party’s long-standing neutral policy in regard to abortion. It also appears to be a departure from the Government’s position on respecting devolution.

The polling also reflects sentiment among the public in Northern Ireland with previous polling showing that a strong majority of women (66%) reject interference from Westminster on this sensitive issue, agreeing that this was a decision for Northern Ireland. The strongest support among age groups surveyed came from the youngest age group, 18-34 year olds, with 70% agreeing that they did not want abortion law imposed on Northern Ireland from Westminster.

Clare McCarthy from Right To Life said:

“The new polling clearly shows that the Government scrapping their long-held position of neutrality on abortion and drafting secondary legislation to impose abortion on Northern Ireland will be very unpopular among the Conservative Party membership. This shows that there is very strong support for respecting devolution and that any changes in Northern Ireland’s abortion laws should be made in Northern Ireland, not imposed by Westminster. 

“Moreover, this polling echoes previous polling of Northern Irish people, with two-thirds of women rejecting interference from Westminster, believing that this is a decision for Northern Ireland.

“It is a reminder to the Government in Westminster that abortion remains a devolved issue in Northern Ireland. They have no mandate from the people of Northern Ireland to make any changes to Northern Ireland’s laws on abortion and all laws and policy regarding that issue should be decided by the people of Northern Ireland through their elected representatives.”

(Image credit: AdobeStock: Marco Govel)