Oral Answers to Questions

Fiona Bruce Excerpts

Tuesday 13th May 2014 Commons Chamber

[The Solicitor-General]

As the hon. Lady may know, the Crown Prosecution Service has had staff in Nigeria and has worked hard on capacity building. The response to the Boko Haram outrage is being dealt with by other Departments, but I know that right across the House there will be very great concern for those girls and their families, and that is certainly something I share.

[Fiona Bruce (Congleton) (Con)]

2. What steps he is taking to ensure that cases of non-compliance with the law on abortion by practitioners and providers are prosecuted.

[The Attorney-General (Mr Dominic Grieve)]

The Crown Prosecution Service will review any cases referred to it by the police, in accordance with the two-stage test set out in the code for Crown prosecutors. Following observations by the former Director of Public Prosecutions, the Department of Health is developing further guidance for practitioners on the procedures to be followed when a woman requests an abortion, and that will be taken into account when future decisions are made about prosecutions.

[Fiona Bruce]

My right hon. and learned Friend will have seen reports arising from recent freedom of information releases about 67 doctors who pre-signed abortion certificates effectively authorising abortions without ever having seen or had any knowledge of the women involved. He will also be aware that the General Medical Council failed to report those cases to the police. Will he assure the House that they will now be dealt with by means of a thorough investigation and on a case-by-case basis? No one should be above the law, particularly in such cases.

[The Attorney-General]

I fully understand my hon. Friend’s concerns. She will appreciate that, in the first instance, this is a matter for investigation by the Metropolitan police, not the CPS, which, obviously, has no investigative capacity. Should the matter come to the CPS, it will indeed be considered on a case-by-case basis. She will be aware that when this matter has been before the House in the past, it has been pointed out that the essential ingredient is that a doctor has to act in good faith in the advice and opinion they give. If there is evidence that a doctor has not acted in good faith, that will clearly be one of the important evidential components taken into account when deciding whether any prosecution should be brought.