Abortion Act 1967: 50th Anniversary

Fiona Bruce Excerpts

Monday 6th November 2017 Commons Chamber

[Diana Johnson]

Clearly, 50 years ago Parliament took the view that it was going to allow abortions to take place in certain circumstances. It is right and proper that there is strict regulation around abortion. When I discussed decriminalisation earlier in the year, I talked about decriminalising, not deregulating. All providers have to provide the highest-quality care to women.

Successive British Governments have failed to act to improve abortion provision. They have sometimes hidden behind the false pretext that issues of provision are issues of conscience, thereby setting the issue aside as too difficult to tackle. In the months before and since I introduced my ten-minute rule Bill, yet more compelling evidence has demonstrated the need for long overdue changes to our abortion laws. Women, including desperate victims of domestic abuse, are increasingly ill-served by our current laws and criminalised for buying abortion pills online.

Waiting times for abortion services appear to be on the rise. Recently, figures obtained by investigative journalists at “The Debrief” showed that in 76% of the clinical commissioning groups and NHS trusts they surveyed, average abortion waiting times in 2016 were higher than they were in 2013. The Family Planning Association tells women that they should have to wait only 10 working days for an abortion, but a quarter of CCGs and trusts have average waiting times longer than that. In my local CCG in Hull, waiting times have jumped 6.7 days in just a year—one of the highest jumps identified.

The number of abortion pills seized by the Medicines and Healthcare Products Regulatory Agency posted to addresses in Britain has risen seventy-fivefold, from just five in 2013 to 375 in 2016. From November 2016 to February 2017, Women on Web, an international organisation that prescribes abortion pills in countries where abortion is illegal, monitored the number of British women who sought help on its website. In the space of just four months, the number seeking help had doubled.

Those figures point to this conclusion: there is a rising, and unmet, demand for better abortion provision in this country.

[Fiona Bruce (Congleton) (Con)]

Will the hon. Lady give way?

[Diana Johnson]

I am going to carry on, because I am conscious of time.

The personal cases of these women are often deeply moving. A recent study of Women on Web’s services, published in September, has provided unprecedented insight into the challenges that British women face in accessing abortion services. Of the women who approached its service, nearly one in five did so because of “controlling circumstances” at home—from abusive partners to intolerant families. As one woman told the service:

“I’m in a controlling relationship, he watches my every move. I’m so scared he will find out, I believe he’s trying to trap me and will hurt me. I can’t breathe. If he finds out, he wouldn’t let me go ahead, then I will be trapped forever. I cannot live my life like this.”

Another said:

“I’m never allowed to go anywhere without my husband or a member of his family escorting me. I don’t have a normal life since getting married. Abortion is against his family’s religion and I’m very worried what would happen if I was caught.”

For many women, making two trips to an abortion clinic, as is currently required, is simply not an option. A range of practical factors—the distance they live from a clinic, delays in accessing support, and childcare and work commitments—prevent them from making those trips. Yet each time these women purchase pills online, they are committing a criminal act, and because Women on Web does not prescribe pills in the UK, they are forced to turn to other providers, some of which may not be legitimate.

We are now in the position where the Royal College of Obstetricians and Gynaecologists, the British Medical Association and the Royal College of Midwives, plus the noble Lord Steel all agree that the law needs to be updated, and that abortion should be decriminalised. It is now time for Parliament to act on this. Shortly, I will be publishing the text of a Bill to decriminalise abortion in England and Wales. I am currently working on the Bill with legal experts and professional healthcare organisations. The Bill will contain the same safeguards and regulations as those that I set out in March this year.

Most importantly, it will take women out of the criminal law altogether. Healthcare professionals who assist in abortions before 24 weeks’ gestation will also be decriminalised, and they will receive further protections after 24 weeks. It will also allow us to make the best possible provision for the women who have early medical abortions. We need to look at the requirement to obtain two doctors’ signatures. We should also ask whether the second abortion pill could not be taken at home should women wish to do so, just as it is in the United States, France, Sweden and, as announced recently, Scotland.

[Fiona Bruce]

Will the hon. Lady give way?

[Diana Johnson]

I will carry on, because I am conscious that the Minister has to respond.

I want to make the point that decriminalisation will not mean deregulation. The 24-week time limit will not be changed, and the conditions for accessing abortions post-24 weeks will not change either, but I do want to see stronger protection for women from non-consensual abortions—whether by assaulting pregnant women, or deceiving women into taking abortion medication.

I have a few requests for the Minister. It is time that we acknowledged that abortion provision is not a conscience issue. Access to abortion services is a core part of women’s healthcare. It should be debated in a grown-up way, and Health Ministers should be held accountable for the quality of our abortion services. First, will the Department of Health look into the problems that women are facing in accessing abortions? The Department should be regularly assessing the problem of abortion waiting times. It should be looking to identify local areas where there is poor provision. The problems that extremely vulnerable women face in accessing abortion care should also be investigated.

Secondly, what concrete steps will the Government take to improve abortion provision? A court judgment in 2011 established that the Health Secretary could allow home use of the second abortion pill without the need for new legislation. In the light of that and of what has happened in Scotland, what are the Government planning to do? Furthermore, an increasing number of experts have questioned the two doctor requirement for early stage abortion. Will the Minister comment on that?

Thirdly, how will the Government respond to the calls to decriminalise abortion, supported by three professional medical bodies? Will the Government consider acting on these calls? Finally, we must also recognise the situation in a country where the Abortion Act does not apply. In Northern Ireland, abortion is highly restricted and criminal, even in cases of rape, incest or fatal foetal abnormality. The ongoing Supreme Court case raises the prospect that this may soon go beyond a devolved matter and become a broader human rights matter. What steps are the Government taking for that to be dealt with by the Secretary of State for Northern Ireland?

In conclusion, the House should mark the anniversary of the Abortion Act—not just because of what we have achieved, but to look forward to what we need now. In the face of threats to women’s reproductive rights at home and abroad, the answer is not to become timid and to remain defensive. The answer is to be bolder, to go beyond merely defending what we currently have, and to make a positive case for stronger rights and better women-centred provision. The ’67 Act made Britain a world leader in women’s reproductive rights, but it is time that we took the steps now to ensure that, once again, Britain reassumes this world-leading position.

[The Parliamentary Under-Secretary of State for Health (Jackie Doyle-Price)]

I congratulate the hon. Member for Kingston upon Hull North (Diana Johnson) on securing this debate to mark an historic occasion: the fiftieth anniversary of the passing of the Abortion Act 1967. As the hon. Lady explained, the Act was introduced as a private Member’s Bill by the then hon. Member for Roxburgh, Selkirk and Peebles—now the right hon. the Lord Steel of Aikwood—and clearly defines the grounds under which an abortion may be carried out in England.

With the exception of emergencies, when it is necessary to perform an abortion to save the life of the woman, two doctors must certify that, in their opinion, which must be formed in good faith, a request for an abortion meets at least one ground set out in the Act, and they should be in agreement as to which ground this is. The hon. Lady asked whether it should remain the case that the opinions of two doctors are required. Well, as long as that remains the law—clearly it is—my emphasis, from a Minister’s perspective, is on delivering the safest possible treatment for women in accordance with that law. The hon. Lady also raised some important issues regarding waiting times, which I would like to go away and reflect on. I am sure that everyone in this House agrees that no woman undertakes a termination lightly. For many, it is extremely traumatic, so it is incumbent on all of us to make that experience the least painful and least traumatic it can be, and as safe as possible. Central to being as safe as possible is that it takes place as early as possible.

[Fiona Bruce]

The Minister is talking about the requirement for two medical practitioners to give their agreement. A ComRes poll of 2,000 adults last week showed that 72% of the public think that abortions should continue to be subject to that legal requirement, because it ensures protection for women, particularly for those in an abusive relationship. It might be the opportunity they have to talk to someone in a safe environment about the pressure that they might be being put under to have an abortion.