Legal Rights to Access Abortion

Debate between Carla Lockhart and Edward Leigh

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.