Serious Crime Bill [Lords]

Debate between Fiona Bruce and Glenda Jackson

Monday 23rd February 2015 Commons Chamber

[Fiona Bruce]

Not at all. We can trust our medical practitioners to be professional in that respect. It is quite clear that the ground for the abortion in such cases would be the genetic condition and not the sex of the child.

[Glenda Jackson (Hampstead and Kilburn) (Lab)]

Will the hon. Lady give way on that point?

[Fiona Bruce]

I will, but then I need to make progress.

[Glenda Jackson]

There are certain genetic diseases that are transmitted by the mother to a male foetus. They are not passed on to a female foetus. So the hon. Lady’s argument is invalid.

[Fiona Bruce]

That is exactly the point that I am making. If the handicap, or the condition, is diagnosed via the sex of the baby, in such cases the grounds for the abortion, through that diagnosis, is the risk of serious handicap, and on that ground the abortion can be legitimately carried out.

--- Later in debate ---

[Fiona Bruce]

rose—

[Glenda Jackson]

Will the hon. Lady give way?

[Fiona Bruce]

No, I am going to continue. I thank the former Attorney-General for making that point so lucidly.

We have also heard that the new clause could introduce racial profiling of expectant mothers, but has anyone argued that for female genital mutilation? The term “family balancing” goes wider than any one particular community.

Then there is the argument that the new clause will do nothing to help abused women. It will indeed. It will clarify the law and as Polly Harrar of Jeena International powerfully told me:

“What we’ve found with the Forced Marriage Act 2007 was that we were able to use that piece of legislation as a bargaining tool to negotiate with parents, so a young woman could say, ‘You do realise this is a criminal offence?’”

In the same way, Polly says,

“with sex-selective abortion: having clarity in the law means that women could use this clarification to protect themselves against pressure to have a sex-selection abortion.”

She continues that

“as with FGM having a higher profile, legislation does effect a step change in cultural attitudes. So while legislation alone is not enough, it has real power to change behaviour, and that’s what is needed.”

That addresses clearly the Royal College of Midwives’ objection that new clause 1 will do little to alleviate the external pressures or coercion that these women face. As Mandy Sanghera said:

“We also we hope this will act as a deterrent—it will enable women to have more control over their own decisions.”

Is that not what many objecting to the clause want?

What does not help women under pressure to have an abortion simply because they are carrying a girl or a boy, whether that pressure comes from violence or coercion or is more subtle, is allowing that abortion to take place and sending the woman back to an abusive situation. To do so is to condone the very culture behind the pressure for such abortions and to exacerbate such abuse. The new clause does nothing to diminish services for those suffering abuse. Indeed, if it is followed by sensitively crafted regulations it should certainly improve them.

Then the quite offensive point is made that there is no evidence for sex-selective abortions in the UK. That is offensive as it is insulting to women such as those I have mentioned who have been campaigning for many years to stop this practice. Yes, the numbers are small compared with those in China or India, but they are real. Should we have to wait until those numbers grow before we take action? Rani Bilkhu, who, incidentally, is pro-choice, says:

“I have been supporting women dealing with sex-selective abortions…for almost a decade. Saying that there is no evidence is tantamount to saying that the women we work with are lying and that my organisation”—

Jeena International—

“is making things up.”

Interestingly, Rani also says that “nobody is collecting data”, so it is no wonder that opponents of the new clause say that there is none.

I know of many examples of women who have suffered. One had one daughter, conceived a second girl, had an abortion and then could not conceive again. Another had three abortions on the basis of gender, including of twins. Another’s husband punched and kicked her in the stomach when he discovered she was having a girl. Yet another says that

“women suffer depression after these abortions. What is not always considered is the emotional and psychological impact.”

These women deserve our support in the manner that they say will really help—through legislation and by clarifying the law. That does not stop a review, but it is essential that we clear up the confusion, support these women and pass new clause 1. In doing so, we would reflect the overwhelming public mood. A recent ComRes poll showed that 84% of the public agree that aborting babies because of their gender should be explicitly banned by law. More than that, we should support new clause 1 because it is, quite simply, the right thing to do.