Serious Crime Bill [Lords]

Debate between Fiona Bruce and Luciana Berger

Monday 23rd February 2015 Commons Chamber

[Luciana Berger]

I thank the right hon. and learned Gentleman for his intervention, but, as we have heard, many legal experts dispute that position. I refer to the specific text of the new clause, which says nothing about, and is in direct conflict with, paragraphs (a) to (d) of section 1(1) of the Abortion Act.

The Genetic Alliance has said that

“the consequences of this amendment could be devastating to women and couples at risk of having a child affected by a serious x-linked condition.”

I have heard from one family where two sisters were carriers of x-linked severe combined immunodeficiency, a disease that affects only boys. After years of thinking, one sister decided not to have any children, because she did not want to risk the chance of having to choose between having a very poorly son or a termination. Her sister decided—also after many years of consideration—to have children and went on to have three healthy daughters. Those were the choices that those women made after much consideration and deliberation with their families. How can Parliament take that decision away from them? I am sure that no one would wish to deprive their daughter, sister or partner of that choice. It is surely not for Parliament to rush this through in the short time available and deny families the opportunity to have children or a healthy baby.

Another serious concern is that new clause 1 is not just a clarification of the law, but a fundamental reform of the essential principles on which existing abortion law in this country been based for 47 years. The Abortion Act 1967 places the physical and mental health of the woman as the overriding concern of a doctor authorising abortion. Our current legislation refers to the foetus rather than the unborn child. That is because, across our legislation and common law, children are accorded a wide range of protections and rights that Parliament has previously agreed should not be accorded to the foetus.

Changing the language of the Abortion Act, as this new clause would do, would send a very different signal to the courts and open up different judicial interpretations of abortion or new consequences and restrictions that would go far beyond the issue of sex selection. For the first time since legislation in 1929, new clause 1, if passed, could afford the foetus rights that would be in conflict with those of the mother and it could seriously jeopardise the future of safe, legal abortion in the UK.

[Fiona Bruce]

Will the hon. Lady give way?

[Luciana Berger]

I am not going to give way. I am going to wrap up, because I am conscious of the time and Madam Deputy Speaker wants me to conclude.

There are many other points that I would have liked to address, particularly the issue of custom and practice and why new clause 25 addresses the issue of coercion in communities, which is something we all want to deal with.

Voting against new clause 1 is not an indication of support for sex-selective practices, but an acknowledgement that it would do nothing to address the causes or reduce the incidences of sex-selective abortion and that some serious negative unintended consequences would result from enacting this proposed change to the Serious Crime Bill.

Few people would support the idea that families should be able to have abortions on the grounds of gender alone. That is why it is illegal under our current law. New clause 1 represents a significant departure from the current principles on which abortion law in this country is based. Instead, new clause 25 would require a review of the evidence relating to abortion on the grounds of gender alone, to ensure that we have a full understanding of the practice and the extent of the problem, and for that to be followed by a Government strategy to tackle it accordingly, based on the evidence of what works. I sincerely hope that Members on both sides of the House will vote against new clause 1 and in support of new clause 25.