Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

Baroness Stroud Excerpts

Monday 15th June 2020 Lords Chamber

[Baroness Stroud (Con) [V]]

My Lords, I thank my noble friend the Minister for the way in which he has worked tirelessly throughout this crisis. Tonight, I want to draw attention to an issue that has arisen under the health protection and coronavirus restrictions legislation, amendments to which we are debating today. It is an issue that I had hoped to see addressed in the amendment that we are debating this evening.

During the passage of the original health protection legislation, two amendments were laid in this House. These amendments were to allow abortion-inducing medication to be self-administered by pregnant women, within their homes, after one virtual medical consultation—a departure from the need for two doctors. These provisions were initially firmly rejected in the other place, with a statement by the Secretary of State for Health that

“We have no proposals to change any abortion rules as part of the covid-19 response.”—[Official Report, Commons, 24/3/20; col. 244.]


Further remarks were made in this Chamber by the Minister, my noble friend Lord Bethell, that it is not right to rush through this type of change in a sensitive area such as abortion without adequate parliamentary scrutiny. The amendment to approve this procedure was therefore withdrawn by the Chamber.

However, a later response to questions I posed to the Department of Health said that the department had in fact taken the power and made this change. In doing so, the Government stated that the intention was to ease the pressure on health professionals during the Covid-19 pandemic by allowing registered medical practitioners to prescribe both pills for the treatment of early medical abortion, up to 10 weeks, from their own homes. This meant that women would be prescribed this medication without being seen by a doctor and without the gestation period of their child being verified.

The tragedy of this confusion is that it is women who have suffered. This confusion has led to poor health outcomes for vulnerable women, with known cases of complications, such as incomplete abortion and continued bleeding. This confusion has led not only to the suffering of women but to abuses and misadministration, with no way of knowing whether or not the gestation period was in fact under 10 weeks. There are nine known cases of women who were provided at-home abortion pills beyond the end of 10 weeks’ gestation, including one case where the unborn child was at 28 weeks’ gestation—four weeks past the legal limit, as set out in the Abortion Act 1967.

Does my noble friend the Minister agree that, with the reopening of non-essential shops and the resuming of normal medical services, it is now time that the care of women by two doctors is restored in person? Will he agree that the next time these regulations are reviewed, this will be included within them?