Operation Soteria

Debate between Lord Stewart of Dirleton and Baroness Thornton

Thursday 13th July 2023 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, I am happy to say that my professional arc and that of the noble Lord have coincided, so he and I share experiences in this field. The point the noble Lord makes is—as the noble Lord is—an evergreen one. Certain essentials in relation to these matters exist and will always exist. On the specific matter the noble Lord raises, in my ministerial post I am very conscious of developments in Scotland and assure the noble Lord that, together with the England and Wales law officers—with whom I am in regular contact: we have a meeting once a week—we share with one another data and experiences and the work that we carry out in the field in order best to improve practices in all jurisdictions.

[Baroness Thornton (Lab)]

My Lords, of course, we all welcome any reversal of the catastrophic collapse of rape prosecutions since 2017. However, conviction rates seem to be flatlining. I know that the press release from the MoJ says that more rapists were put behind bars, but if you dig into those figures, that 3% increase meant 12 convictions—I think that is fewer than any year from 2010 to 2018. Will the noble and learned Lord the Minister tell the House when the backlog which leads to two-year waits—which are so corrosive with rape issues and the lack of making progress on rape—is going to be reduced and how?

Offences Against the Person Act: Section 58

Debate between Lord Stewart of Dirleton and Baroness Thornton

Thursday 15th June 2023 Lords Chamber

[Baroness Thornton]

To ask His Majesty’s Government what assessment they have made of the recent application of section 58 of the Offences Against the Person Act 1861.

[The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con)]

My Lords, the Government are committed to ensuring access to safe, regulated abortion for all women in England and Wales on the NHS. It would be inappropriate for me to comment on specific criminal cases, especially those which may—and I understand will—be subject to appeal proceedings, or on prosecution decisions made by the CPS independently of government. Abortion is a contentious issue on which the Government maintain a neutral position. It is, however, open to Parliament to propose changes to the law in this area, which, as a matter of conscience, would normally be subject to a free vote.

[Baroness Thornton (Lab)]

I thank the Minister for that Answer, and I thank the Government for decriminalising abortion in Northern Ireland in 2019 and repealing the effect of Sections 58 and 59 of the Offences Against the Person Act 1861 at that time, which brought Northern Ireland into compliance with our obligations under CEDAW. Like everyone else, I recognise how distressing and troubling the case is which prompted this Question. One of the effects of the changes in Northern Ireland is that since 2019, evidence suggests there has been an increase of 25% in referrals, but many of them from other parts of the United Kingdom, not including Northern Ireland. These are women and girls, particularly those in bad relationships, or young girls, who are unsure of time limits and are anxious about being investigated by the police and prosecuted. Does the Minister agree that this suggests that the issue to be addressed is ensuring a right to abortion advice and lawful treatment?

[Lord Stewart of Dirleton (Con)]

My Lords, the position is that all women have access to safe and legal abortions on the NHS in England and Wales. As I say, it would be inappropriate for me to comment on specific cases. I remind the House that abortion is a matter devolved to Northern Ireland and, indeed, to Scotland.