Abortion Act

Debate between David Burrowes and Mark Pritchard

Wednesday 9th October 2013 Westminster Hall

[Mr Burrowes]

My hon. Friend makes a good point. In cases of assisted suicide, the DPP has come forward with guidance to provide some clarity, and that was carefully worked through. One of my requests to the Attorney-General is to reflect on what has happened and, with the DPP, to come forward with clear guidance to ensure that confidence in the integrity of the law that many say has been lost. I also ask the Attorney-General to comment on the former DPP’s view. In addition, it must be in the public interest, in policy terms, for such cases, in which there has been an obvious abuse of abortion legislation—the cases are unusual and rarely see the light of day, because they are not readily detected—and in which the evidential threshold has been passed, to be seen in court.

The danger now is that the decision by the DPP, following on from the CPS, sets a precedent—no prosecutions under the Abortion Act without clearer evidence. Where will we get that clearer evidence? Do we now have a new evidential test for abortion-related offences, which can rarely be satisfied due to the lack of the different factors affecting this, not least the lack of professional guidance from doctors?

Another concern about the CPS decision not to find public interest to prosecute was the deferral to the GMC to enforce the breach of law. That was particularly apparent in the original decision of the CPS, which saw that as a key factor. The last time that I checked on enforcement of the Abortion Act, it was for the courts to do, and not for a disciplinary committee of GPs, which was never mentioned or even suggested in 1967. That option is certainly not in statute. This is specifically prescribed in statute as a contravention, and the law should be enforced. I trust that the Attorney-General will make it clear today that criminal sanctions cannot be avoided because of professional status—making a point about integrity—and that applies across the board with other instances of criminality involving the professions. Plainly, everyone is equal under the law, although some of us would say that that is not the case for an unborn child.

The CPS decision to drop the case and to leave it to the GMC highlights the gap between abortion law and practice. That must be filled somehow, at least by guidance through GPs, but also by reform of the legislation. I therefore welcome the assurance that I received from my hon. Friend the Member for Broxtowe, then an Under-Secretary of State for Health, that the Department of Health has requested that the chief medical officer issue guidance. I look forward to it, and hope that there will be proper consultation on it.

Such guidance is needed not only because of the cases involving GPs highlighted by The Daily Telegraph, but also because of the CQC investigation in July last year. Fourteen NHS hospitals throughout England failed inspections, all involving the photocopying of doctor’s signatures and other breaches. For example, Rochdale hospital’s regular routine was to pre-sign all abortion forms—not only in one case—and the Princess Alexandra hospital in Harlow used the photocopied signature of a doctor for so long that it was well beyond the time that he had been employed as a doctor or could have had any knowledge of the cases. Such is the extent of the abuse and breaches of the Abortion Act. Such malpractice would not be tolerated by patients or others in the prescription of antibiotics or common painkillers, for example, and yet a blind eye is being turned in abortion cases.

The scandal is not only about malpractice, however; those hospitals were not referred to the police for investigation, and no CQC investigation has resulted in any prosecution to date. Why is that? What is going on? Will the Attorney-General respond about the policy? The system is open to abuse, to dishonesty and to criminality, which, without reform, are going unchecked and unprosecuted.

Why was the DPP not more involved at an earlier stage in the initial CPS decision on whether to prosecute, given the significant public interest? Was the Attorney-General consulted on that decision, given the public policy considerations, and if not, why not? Will guidance be provided to the CPS for consideration of future contraventions of the Abortion Act? Will a review consider whether the safeguards set down by Parliament, in good faith, are being properly applied in 2013 and still have full force in law?

On the subject of public interest, which is what we are discussing today, I want to thank The Daily Telegraph, which has been acting in the public interest by investigating and exposing the problems with the Abortion Act, which are of concern to many, on all sides of the fence on the issue of abortion, in particular because such problems might have led to sex-selection abortion. Without such investigative reporting on behalf of the public interest, there would probably be no one to complain, and the issue would go by the bye. The reality is that the unborn child has no complaint process. There is a lack of transparent information, and no real safeguards. It is up to Parliament to deal with that, and we must seize on it in this debate and beyond by speaking up for the voiceless, ensuring that we respect life and at least to ensure that the Abortion Act contains safeguards with proper meaning and proper force.

[Mark Pritchard (in the Chair)]

Five hon. Members have indicated that they wish to speak, and I do not want to impose a time limit so I hope that colleagues will be mindful of others, given that I want the wind-ups to start at 3.40.

Scrap Metal Dealers Bill

Debate between David Burrowes and Mark Pritchard

Friday 9th November 2012 Commons Chamber

[Mark Pritchard (The Wrekin) (Con)]

I support the Bill on Third Reading and congratulate my hon. Friend the Member for Croydon South (Richard Ottaway) on the excellent work he has done throughout many weeks and months. I was pleased to hear from my hon. Friend the Member for Banbury (Sir Tony Baldry) that prayers will be said in Salisbury and Bradford cathedrals this weekend. As one who represents parts of the Hereford and Lichfield dioceses, let me say that I need all the prayers I can get and that any prayers are welcome. On behalf of my constituents who sit in churches within those dioceses, I thank my hon. Friend for all his work, and thank other Members who have contributed to the passage and, I hope, the passing of the Bill.

I trust that the Minister has noted the presence of my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), whose Desecration of War Memorials Bill encouraged the Government to designate metal theft from war memorials an aggravated offence. I hope that Members on both sides of the House will encourage the Government to ensure that the Sentencing Council takes the issue extremely seriously, and that, following the passing of my hon. Friend’s Bill, it will be guided by his work.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I am grateful to my hon. Friend for what he has said. Let me also convey my warm congratulations to my hon. Friend the Member for Croydon South (Richard Ottaway). Many of us, including our constituents, will be delighted by what he has done. The War Memorials Trust will be particularly delighted, recognising that the Bill is part of a wider campaign. The In Memoriam 2014 campaign is intended to ensure that, as we look forward to remembering the outbreak of the 1914 war, we ensure that we protect and preserve our war memorials by using methods such as SmartWater to identify and trace acts of desecration.

[Mark Pritchard]

My hon. Friend makes some valid points, as articulately as ever. I hope that the Minister will note what he says.

Let me end by again commending the excellent work of my hon. Friend the Member for Croydon South, and by urging all Members to encourage their churches to use SmartWater, especially given that it is developed in and sold out of Shropshire.