Government and Labour clash over Northern Ireland 'rape clause'

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Owen SmithImage source, Getty Images

The government and Labour have clashed over whether some rape victims in NI might face prosecution as a consequence of changes to the benefits system.

Under Universal Credit benefit, the government is limiting child tax credit for the first two children.

Exemptions to the changes were announced for those adopting children, those involved in kinship care and for multiple births.

There was also an exception for a child born after "non-consensual conception".

This is the so-called "rape clause".

Shadow Northern Ireland secretary Owen Smith was critical of the changes.

He said the move meant women in Northern Ireland could be sent to prison if they fail to report a rape.

'Potential offence'

In the House of Commons he quoted from a letter he received from Barra McGrory, Northern Ireland's director of public prosecutions.

The Labour MP said Mr McGrory stated: "It is a potential offence to withhold information regarding an act of rape."

Speaking in the House of Commons during Northern Ireland Questions, Mr Smith asked the Northern Ireland Office minster Chloe Smith about the guidelines.

"How on Earth can the government countenance making women in Northern Ireland who are subject to rape imprisonable under the law?" he asked.

Ms Smith replied: "The fact is we are not doing so.

"There is clear guidance on the form that makes the legal position very clear and we have sensitively handled that as an exception for precisely these reasons."