Question to the Department of Health and Social Care:

To ask His Majesty's Government, further to the Written Answer by the Parliamentary Under-Secretary for the Department of Health and Social Care on 14 November 2023 (HC527), whether they intend to publish an updated version of the Department for Health and Social Care guidance on completing the EMA1 abortion form or similar certificate, to reflect the fact that the good faith opinion of the medical practitioner as to the patients’ gestation period can no longer be relied upon if an in-person consultation has not taken place.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

There are no plans to publish an updated version of the Department’s guidance on completing the EMA1 abortion form, or a similar certificate, before early medical abortion pills are prescribed for use in a pregnant woman’s home.

In line with the guidance, the EMA1 form, or a similar certificate, must be completed by the registered medical practitioner terminating the pregnancy. This is to certify their opinion, formed in good faith, that if the medicine prescribed for the termination of the pregnancy is self-administered in accordance with their instructions, the pregnancy will not exceed 10 weeks at the time when the first pill, mifepristone, is taken.

This opinion can be formed either via a teleconsultation, or at an in-person appointment. Most women can determine the duration of their pregnancy with reasonable accuracy from the first day of their last menstrual period alone. However, if there is any uncertainty about the gestation of the pregnancy, the medical practitioner will ask the woman to attend an in-person appointment to enable them to form an opinion, in good faith, that the pregnancy will not have exceeded 10 weeks at the time that the first pill is taken.

Question to the Foreign, Commonwealth & Development Office:

To ask His Majesty's Government what steps they are taking to measure value for money in respect of funding disbursed or provisionally allocated to the Ozanne Foundation for (1) 2023–24, and (2) 2024–28.

Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)

The FCDO's LGBT rights programme aims to transform the lives of millions of LGBT people around the world by reducing violence and discrimination, improving economic and social inclusion and legislative reform. All proposals to the programme are required to set out how they will deliver and measure value for money. Successful partners are required to submit reports for the monitoring and evaluation process. These reports include a results framework or log frame to track progress against targets of the project and quarterly and annual progress reports, which should highlight how they have achieved value for money.

Question to the Home Office:

To ask His Majesty's Government what discussions they have had with the government of the Republic of Ireland on potential returns from that country of irregular migrants to (1) the United Kingdom, and (2) other European Union states.

Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)

We do not have a returns agreement with the EU or other EU Member States.

Question to the Foreign, Commonwealth & Development Office:

To ask His Majesty's Government what (1) due diligence, and (2) procurement, processes were undertaken by the Foreign, Commonwealth and Development Office prior to awarding the Ozanne Foundation £805,000 of project funding for the period 2024–28.

Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)

The FCDO's LGBT rights programme aims to transform the lives of millions of LGBT people around the world by reducing violence and discrimination, improving economic and social inclusion and legislative reform. Procurement for the first round of funding took place through a call for proposals which went out in June 2023. Following a due diligence process the Ozanne Foundation received £20,000 in 2023/24 to initiate a project to develop a residential course for senior religious leaders from around the world. The final workplan and budget for April 2024 onwards will be agreed after a satisfactory due diligence assessment of the lead programme partner, Regent's Park College, University of Oxford. It was announced by the Cabinet Office Minister on 13 May that all future contracts for external diversity spending will be signed off by ministers.

Question to the Foreign, Commonwealth & Development Office:

To ask His Majesty's Government how much funding has been disbursed to the Ozanne Foundation via the Foreign, Commonwealth and Development Office or predecessor departments since 2019; on what evidential basis was that funding released; and what conditions, if any, were attached to that funding.

Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)

LGBT rights are human rights and the UK is committed to championing these rights internationally, supporting those who defend them. The Ozanne Foundation works with religious organisations around the world to eliminate discrimination based on sexuality or gender to embrace and celebrate the equality and diversity of all. Since 2019, the FCDO and predecessor departments have provided the Ozanne Foundation with £207,500, this includes £20,000 for 2023-24. The funding, which was allocated to address the issue of violence and discrimination of LGBT people, has primarily been used for the Global Interfaith Commission on LGBT lives which calls for an end to violence and criminalisation against LGBT people. It was announced by the Cabinet Office Minister on 13 May that all future contracts for external diversity spending will be signed off by ministers.

Question to the Foreign, Commonwealth & Development Office:

To ask His Majesty's Government what plans they have to fund the Ozanne Foundation via the Foreign, Commonwealth and Development Office in 2024–28, and for what purpose.

Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)

The LGBT rights programme was publicly announced in November 2023. This programme has been set up to fund a range of partner organisations and is designed to improve the lives of millions of LGBT people around the world by reducing violence and discrimination, improving economic and social inclusion and legislative reform. The Ozanne Foundation works with religious organisations around the world to eliminate discrimination based on sexuality or gender to embrace and celebrate the equality and diversity of all. The Ozanne Foundation submitted a proposal to develop a residential course for senior religious leaders from around the world. The proposal was successful and due diligence of the lead programme partner, Regent's Park College, University of Oxford, is currently ongoing. It was announced by the Cabinet Office Minister on 13 May that all future contracts for external diversity spending will be signed off by ministers.

Question to the Foreign, Commonwealth & Development Office:

To ask His Majesty's Government what discussions they have had with the Ozanne Foundation to ensure that that organisation has appropriate financial oversight and management processes in place to manage projects involving large sums of public money received by grant in the 2023–24 financial year.

Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)

The FCDO's LGBT rights programme aims to transform the lives of millions of LGBT people around the world by reducing violence and discrimination, improving economic and social inclusion and legislative reform. Following a standard due diligence process the Ozanne Foundation received £20,000 in 2023/24 to initiate a project to develop a residential course for senior religious leaders from around the world. It was announced by the Cabinet Office Minister on 13 May that all future contracts for external diversity spending will be signed off by ministers.

Question to the Department of Health and Social Care:

To ask His Majesty's Government what steps they are taking to address complication rates identified in the Office for Health Improvement and Disparities statistics published 23 November 2023 (1) for women under 20 in home and clinical settings, and (2) for those who had abortions after more than ten weeks gestation in a clinical setting.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

The Department’s comparison of statistics on abortion complications in England, using data from the Abortion Notification System, compared to data on hospital admissions for abortion complications from Hospital Episode Statistics for the years 2017 to 2021, found that women under 20 years old had the lowest complication rates of any age group.

Abortion continues to be a very safe procedure for which major complications are rare at all gestations. However, it is known that the risk of complications increases at higher gestations. The Department works closely with NHS England, the Care Quality Commission, and abortion providers to ensure that abortions are provided safely, in accordance with the legal framework set by the Abortion Act 1967.

It is a legal requirement under the 1967 Abortion Act that the Chief Medical Officer must be notified of all abortions within 14 days of the procedure. The Department provides the HSA4 abortion notification form for this purpose. HSA4 forms record known complications, up until the time of the patient’s discharge from the abortion service.

To consider the completeness of abortion complications data submitted via abortion notifications, the Department committed to publishing a one-time analysis comparing data from the Department’s Abortion Notification System and the Hospital Episode Statistics. This was published in November 2023. The Department is inviting views on abortion statistics for England and Wales, including the future publication of abortion complications data, via an online user engagement survey and via email. We welcome responses from abortion providers and all interested parties on this matter.

Question to the Department of Health and Social Care:

To ask His Majesty's Government what steps they are taking to ensure statistics on abortion complications are accurately collected and analysed to develop policies to improve women's health.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

The Department’s comparison of statistics on abortion complications in England, using data from the Abortion Notification System, compared to data on hospital admissions for abortion complications from Hospital Episode Statistics for the years 2017 to 2021, found that women under 20 years old had the lowest complication rates of any age group.

Abortion continues to be a very safe procedure for which major complications are rare at all gestations. However, it is known that the risk of complications increases at higher gestations. The Department works closely with NHS England, the Care Quality Commission, and abortion providers to ensure that abortions are provided safely, in accordance with the legal framework set by the Abortion Act 1967.

It is a legal requirement under the 1967 Abortion Act that the Chief Medical Officer must be notified of all abortions within 14 days of the procedure. The Department provides the HSA4 abortion notification form for this purpose. HSA4 forms record known complications, up until the time of the patient’s discharge from the abortion service.

To consider the completeness of abortion complications data submitted via abortion notifications, the Department committed to publishing a one-time analysis comparing data from the Department’s Abortion Notification System and the Hospital Episode Statistics. This was published in November 2023. The Department is inviting views on abortion statistics for England and Wales, including the future publication of abortion complications data, via an online user engagement survey and via email. We welcome responses from abortion providers and all interested parties on this matter.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, further to the Written Answer by Lord Markham on 15 May (HL4224), how they reconcile the answer with that given by the Parliamentary Under Secretary of State for Health and Social Care on 23 November 2023 (HC527), which precluded the ability of a medical practitioner to form a "good faith" opinion through a telemedicine consultation alone that the patient's gestation was below 10 weeks, and therefore to dispense early medical abortion pills for use by the patient at home.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

The response of 23 November 2023 does not preclude the ability of a medical practitioner to form a good faith opinion, through a telemedicine consultation alone, that the patient's gestation was below 10 weeks. This opinion can be formed either during a teleconsultation, or an in-person appointment.

Pregnancy duration can be assessed from the first day of the last menstrual period (LMP). Advice from the Royal College of Obstetricians and Gynaecologists is clear that most women can determine the duration of their pregnancy with reasonable accuracy by LMP alone.

However, if there is any uncertainty about the gestation of the pregnancy, the medical practitioner would ask the woman to attend an in-person appointment to enable them to form an opinion that the pregnancy will not have exceeded 10 weeks at the time the first abortion pill is taken. If she does not attend in-person when requested, the terminating practitioner would not be able to form an opinion in good faith that the pregnancy is below 10 weeks gestation, and therefore would not be able to prescribe abortion pills for home use.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, further to the Written Answer by Lord Markham on 9 May (HL4286), whether they have issued guidance to telemedicine providers about complying with the prohibition of termination of pregnancy at gestations over 10 weeks outside a National Health Service facility or an approved place; and if not, why.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

No specific guidance has been issued, however, all abortion providers are aware that termination of pregnancy in England and Wales can only be provided within the legal framework laid down in the Abortion Act 1967.

The legal framework for home use of early medical abortion pills is set out in the Department’s guidance, Abortion: procedures for the approval of independent sector places for termination of pregnancy (abortion) in England. This guidance applies to independent sector abortion clinics and states that the Abortion Act 1967 allows women having an abortion during the first 10 weeks of pregnancy, specifically up to nine weeks and six days gestation, to take one or both medicines for an early medical abortion at home. It also highlights that women having an early medical abortion at home should be given information on the implications, health and otherwise, of taking the abortion medicine beyond the legal limit of nine weeks and six days gestation.

In addition, the National Institute for Health and Care Excellence’s guideline on abortion care, to which all abortion providers are expected to have due regard, highlights that women who are having a medical abortion and will be taking the first pill, mifepristone, up to and including nine weeks six days gestation, can be offered the option of expulsion at home.

Question to the Home Office:

To ask His Majesty's Government when they next plan to review the operation and effect of the Fire Safety (England) Regulations 2022.

Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)

Regulation 12 in the Fire Safety (England) Regulations 2022 requires the Secretary of State to carry out a review of the operation and effect of the regulations at intervals of no more than five years. The exact timing of the first review has yet to be determined, but we will allow sufficient time for the regulations to become fully established before doing so.

Question to the Home Office:

To ask His Majesty's Government what estimate they have made of the cost to the public purse of the judicial review sought by the Independent Monitoring Authority for the Citizens' Rights Agreements on the implementation of the EU Settlement Scheme with regard to the upgrade from pre-settled to settled status.

Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)

The judgment of the judicial review sought by the Independent Monitoring Authority for the Citizens' Rights Agreements on the implementation of the EU Settlement Scheme found that the pre-permanent right to reside under the Withdrawal Agreement does not expire for failure to make a second application to the EUSS; and a Withdrawal Agreement permanent right to reside is acquired automatically by a pre-settled status holder as soon as they meet the relevant conditions, even if they have not applied for settled status under the EUSS.

Information on the cost to the public purse is not held in a reportable format and could only be obtained at disproportionate cost.

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Found: Q52 Lord Jackson of Peterborough: I was intrigued by Ms Boardman’s comments on subject access requests

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