Abortion

Baroness Knight of Collingtree Excerpts

Thursday 10th October 2013 Lords Chamber

Asked by

[Baroness Knight of Collingtree]

To ask Her Majesty’s Government what steps they intend to take to ensure that medical professionals offering to perform abortions on the grounds of gender are prosecuted.

[The Advocate-General for Scotland (Lord Wallace of Tankerness) (LD)]

My Lords, where it is suspected that abortions are being authorised in circumstances which do not comply with the Abortion Act 1967 and the matter is referred to the police, a full investigation will be carried out. The Crown Prosecution Service will review any cases referred to it by the police in accordance with the two-stage test set out in The Code for Crown Prosecutors. Where there is sufficient evidence for a realistic prospect of conviction and it is in the public interest, such cases will be prosecuted.

[Baroness Knight of Collingtree (Con)]

My Lords, is it not the case that, whatever else can be denied, secondary reasons may come into the decision? However, when the main reason for the terminations about which I am questioning the Government is that the coming child is a female, it seems to me as a human being and a female, as it does to millions of others, that that cannot possibly be right. Does my noble and learned friend accept that those of us who took part in the debates on the Abortion Bill in 1967 did not dream for one moment that it was necessary to put down an amendment to protect girl babies? Had we done so, I do not think that the Bill could ever possibly have been passed. Finally, is it not extremely dangerous that the law of the land should allow killing on gender grounds at any stage?

[Lord Wallace of Tankerness]

My Lords, I know of the long-standing interest that my noble friend has had in this issue, going back, as she indicated, to the passage of the initial legislation. Given the reporting, people might well think that this case was about medical practitioners offering abortion on the basis of the gender of the child. In those circumstances, it would seem incomprehensible that the full force of the criminal law was not being brought to bear on a practice which most of us would consider abhorrent. However, if one reads the full note provided by the Director of Public Prosecutions earlier this week, which I will make available in the Library, one will see that on the facts of the case it would not have been possible to prove that either doctor authorised an abortion on gender-specific grounds alone. It is a far more complex case than that. Indeed, the criteria used were those set out in Section 1 of the Abortion Act 1967.