Legal Rights to Access Abortion

Carla Lockhart Excerpts

Monday 28th November 2022 Westminster Hall

[Sir Edward Leigh]

The hon. Lady mentions a worry about what is happening in the rest of the world. We have heard a lot about the United States of America, but we are in an entirely different situation here: if anybody wants to change the effective right to abortion, they have to come to Parliament. Parliament is supreme in this matter, so I am not sure that women need to worry about what is happening in the United States. There is no way in which I or anybody else, or anybody in any court of law in this country, can restrict their effective right to abortion—a Bill has to go through Parliament.

It is disappointing that there are Members of this House, including even those who do not support the intentions behind the Bill of Rights, who see it as yet another opportunity to hijack flagship Government legislation to further weaken the few laws and safeguards that exist in the governance of abortion. It is up to Members of this House to vote to change the law on abortion, which we have a perfect right to do. Those of us who think the sheer scale of abortions represents a failure in how we treat women and how we value life at least know that the law was made by Parliament and so can be changed by Parliament. By making abortion a “right”, in contrast, the present laws would likely be enshrined, and so would be beyond correcting even when plainly needed.

Let me give one widely accepted example. The law was changed in 1990 because the previous limit of 28 weeks was considered too late a limit, given that the science on viability had changed. Now, science shows that babies can survive at 22 weeks or earlier, and there are a lot of people who believe that the present limit of 24 weeks is therefore too high. It is possible for an abortion to be taking place in one ward of a hospital while, in the next ward, huge amounts of public resources are quite rightly being used to save a baby of 22 weeks’ gestation. However, if a right were enshrined, the necessary change to stop the practice of late-term abortions would likely not be possible.

A very interesting point has also been made by my hon. Friend the Member for Bolton West (Chris Green) about gender selection. How would that issue be dealt with by Parliament through a Bill of Rights? The trouble is that we cannot frame legislation to cover every eventuality in a Bill of Rights. It is much better that Parliament considers every practice, every change of a law, and every advance of science on its merits.

[Carla Lockhart (Upper Bann) (DUP)]

Does the right hon. Gentleman agree that the hijacking of Bills just makes bad law? In Northern Ireland, we have seen just that: the law has been hijacked, and we have seen a change from life-affirming laws that the people of Northern Ireland support to some of the most liberal abortion laws in all of Europe.

[Sir Edward Leigh]

I agree with the hon. Lady. It is a very dangerous parliamentary and legal practice for anyone to try to achieve their aims by piggybacking them on a Bill that is designed to deal with a completely different eventuality.

As we know, the law as it stands effectively allows abortion on demand. We have a record 200,000-plus abortions per year in this country—perhaps one in four pregnancies. That is beyond doubt, and in reality every woman who wants to have an abortion can attain one. We do not need to include it in a Bill of Rights; instead, we need to look at how the state has failed so many women that they feel abortion is the only option available to them, and to look at alternative modes of support. There is no real appetite to make abortion a right, aside from a vocal minority and various lobby groups, including the abortion providers themselves.

A right to abortion would be a very strange thing indeed. It would be the only right that we would regret using, and the only right that we would, ideally, actively seek to minimise. Nobody thinks that abortion is a good thing and wants more abortions—they may think it is necessary in certain circumstances, but it is not the sort of right that we want to extend. That stands in contrast to other fundamental rights that we do not seek to minimise, including freedom of speech, freedom of association and the right to privacy, to name a few. We cherish and value those rights and want to enframe them in a Bill of Rights. I hope that colleagues who want to drag this Bill to a very different place rethink their plans.

--- Later in debate ---

[Ian Paisley]

I am sorry that the right hon. Gentleman feels it is a dialogue of the deaf; I do not think that is the case. It is important that we are, for the first time in a long time, actually having a sensible debate on this matter, because in numerous debates on abortion in the past, people—principally male Members of the House—have been silenced. They have been called out, heckled and told not to speak on an issue that does not concern them. Indeed, we heard the comment earlier in the debate that behind every abortion is a woman—full stop. No, no, no: behind every pregnancy is not only a woman but the life of the unborn and the male who was involved in that pregnancy. Until we have full engagement and an educational process that addresses those issues and gets this nation into a proper debate on this matter—not in a climate of fear and of, “I’d better not speak out because we’re not allowed to say these things any more; they are too difficult to say if you’re a man”—I am afraid this will be a debate of the deaf, but it does not have to be. That is the point.

[Carla Lockhart]

My hon. Friend is making a powerful speech. Men do matter and he is absolutely right to say so. Some 82% of all abortions last year were for women whose marital status was given as single. I commend the men who support their partners and children, and we need more men to do the same. This House is at risk of silencing those men who do stand up and take responsibility for pregnancies.

[Ian Paisley]

I thank my hon. Friend for that point.

In 2022, there were double the number of abortions in Northern Ireland than there were in the previous year. The number doubles each year, and will continue to double, because of the very liberal legislation that is now in place in Northern Ireland. The hon. Member for Blackpool South (Scott Benton) put on the record that one in four of all pregnancies in the United Kingdom end in abortion. In England and Wales, abortions can take place up to the extreme limit of six months, whereas the European median time limit is three months. We need to have a debate about why we have an extreme time limit and why some people wish to drive it even further, to the point of birth, as a right. I just think that is wrong.

We certainly need to have a debate about why there is so much abortion in the United Kingdom. To go back to the point made by the right hon. Member for New Forest East (Dr Lewis), why are second and third-time pregnancies leading to abortion? Why are older women having abortions? Those questions need to be asked. It cannot all be ectopic, it cannot all be rape, it cannot all be incest and it cannot all be miscarriage.

--- Later in debate ---

[Carla Lockhart (Upper Bann) (DUP)]

It is a pleasure to serve under your chairmanship, Sir Charles. I would like to begin by making the following observation. Over the debate, it has become very clear that Members lobbying to repeal the UK’s abortion laws say that they speak for all women, and that they are on their side. Of course, I want to make it very clear that they do not speak for all women, and they certainly do not speak for the unborn. In fact, we hear little to no mention of the unborn. If not for those of us who are champions of both lives in pregnancies, we would hear nothing of the unborn from the lips of those who pursue their pro-choice agenda.

[Tonia Antoniazzi]

Will the hon. Member give way?

[Carla Lockhart]

I have just started, so I am going to continue. I will give way later.

I want to make it clear that those Members do not speak for all women. I will focus on the women who I do not believe they speak for. One young woman, Malorie Bantala, refused to have an abortion and was violently assaulted by her ex-boyfriend, Kevin Wilson. When she returned home from her baby shower, she suffered life-threatening injuries, and her son was stillborn as a result.

Caroline Craft had been in a relationship with Matthew Cherry, a former police officer, but they broke up when she refused to have an abortion. When she was six months pregnant, Miss Craft opened her front door to find an attacker—who turned out to be Mr Cherry—who punched her repeatedly in her stomach and back, in a way that targeted her unborn baby to cause miscarriage. At sentencing, the judge remarked that it was an “evil attack” involving

“a high degree of planning”.

Fortunately, Caroline recovered from her injuries and gave birth to a healthy baby boy. A jury convicted Mr Cherry of attempting to cause grievous bodily harm, with intent, and he was sentenced to 10 years’ imprisonment.

Finally, when Lauren Oliver was 34 weeks pregnant, her ex-partner, Nicholas Leaning, a professional cage fighter, stabbed her five times in the stomach in an attempt to kill her unborn child. Again, the details of the case are chilling. Ms Oliver and Mr Leaning had just broken up when Ms Oliver learned she was pregnant with his child. When she refused to get an abortion, he said he would kick it out of her if he had to—he did not wanting anything to do with the baby. An emergency caesarean section delivered her baby six weeks early, who, astonishingly, was unharmed in the attack. A jury found Mr Leaning guilty of wounding Ms Oliver and attempting to destroy the life of a child. He was sentenced to 19 years’ imprisonment.

As those cases demonstrate, the laws in place are being used to prosecute often violent men and protect women from serious forms of violence. This new dispensation would take away those protections for Caroline, Lauren and Malorie, which ensure that the Kevin Wilsons, the Matthew Cherrys and the Nicholas Leanings of the world are punished for their despicable crimes. How can Members who seek to repeal the UK’s abortion laws claim to be on the side of women, yet stand in opposition to those women who have suffered life-threatening injuries at the hands of those violent men?

According to the charity Best Beginnings, over a third of domestic violence starts or gets worse when a woman is pregnant. Some 40% to 60% of women experiencing domestic violence are abused while pregnant, while 15% of women report violence during their pregnancy. Those are worrying figures. If we contemplate removing legal protections for those women, we would be profoundly letting them down when they are at their most vulnerable. We cannot let rhetoric replace the real protections in place for women.

Throughout the debate, we have heard many people mention Northern Ireland and the laws that were forced on the people of Northern Ireland. Those laws do not represent the people and the views of Northern Ireland

[Tonia Antoniazzi]

The hon. Lady will understand that, in this debate, it has been important to choose one’s words carefully. We do think about all women, including the women in Northern Ireland. The Women and Equalities Committee heard evidence from them in the last Parliament. We must choose our words more carefully, because we are responsible—we are legislators—and we need to realise that we all care for all women. That is why we are here.

[Carla Lockhart]

Certainly, I can relate to that. I do care for all women, and I want to see a society that helps women to choose life. I want to see a society that wraps its arms around women who find themselves in a situation where they feel they have no other option. I want to see services improved for women who find themselves in that situation, but the laws that have been forced on the people of Northern Ireland are not what people in Northern Ireland want. The consultation results were very clear: 79% of respondents to the consultation on the legislation opposed the introduction of these laws, which are some of the most liberal abortion laws in all of Europe, so it is just wrong to say that the people of Northern Ireland support them. It has absolutely undermined the devolution process that is in place. Health is a devolved issue and should therefore be left to the people of Northern Ireland.

I do choose my words carefully. I am from Northern Ireland, so I know exactly where people are at, and I know the views and the concerns that have been expressed about those abortion laws. We see continual attempts to interfere in Northern Ireland’s abortion laws, and we are going to see that again tomorrow through the Northern Ireland (Executive Formation etc) Bill. I say respectfully that the legislators in Northern Ireland should be allowed to do what they need to do on this issue, because it is a devolved issue.

When talking about statistics, it is important to note the ComRes data, which has been mentioned a couple of times in the debate. Only 1% of people surveyed want the abortion time limit raised to birth; 70% of women would like the current abortion time limit to be reduced; and 59% of women would like that time limit lowered to 16 weeks. It is wrong to say that the overwhelming view of women in Northern Ireland is in favour of this decriminalisation, which basically allows for abortion until birth for any reason.

[Paul Girvan (South Antrim) (DUP)]

In relation to the decriminalisation of abortion, murder—I term it as murder—has been an issue. We had the Omagh bombing, where the lives of the two unborn are included in the numbers of those who were killed, and those who will be convicted will be charged with the murder of the two unborn babies as well.

[Carla Lockhart]

That is a very powerful point well made by my hon. Friend.

We have heard in today’s debate that behind every abortion is a woman who deserves a choice. I think those were the words used; I may be paraphrasing, but it was something to that effect. Respectfully, I say that behind every abortion, there are two lives: the life of the woman, and the life of the unborn. Unfortunately, the unborn does not have a voice. They cannot speak up for themselves; they cannot articulate the fact that they would choose life—I know the unborn would choose life, because ultimately, life is precious. I respectfully ask all of those who are involved in this debate, and those who will be involved in tomorrow’s debate, to respect the unborn. I will continue to be a voice for the voiceless, as many in the Chamber today have articulated. In every pregnancy, the most basic human right is the right to life.