(3 years, 5 months ago)
Commons ChamberI wish to address new clauses 55 and 42 and, if time permits, new clause 90. Hon. Members will agree that clarity is crucial when talking about the proper functioning of the House, particularly when we cover immensely sensitive subjects such as abortion and the ending of human life. I want to clarify something that was earlier in dispute, which is whether the decriminalisation of abortion, as sought by new clause 55, also means its deregulation and the loss of all legal safeguards. Changing the law means changing regulations. The central and implacable legal fact of new clause 55 is that repealing the relevant sections of the Offences Against the Person Act 1861, and relevant offences under the Infant Life (Preservation) Act 1929, will immediately undo all the safeguards provided by the Abortion Act 1967.
As my hon. Friend the Member for Congleton (Fiona Bruce) so soberly and succinctly stated in the first part of this debate, new clause 55 would sweep away all current legal safeguards and protections, not only for the unborn child, but many that protect women. The 1967 Act would, in effect, be void, leaving England and Wales with one of the most extreme abortion laws in the world.
Let me briefly remind Members what those safeguards involve. They are not obstructions by opponents of abortion; they are crucial and vital protections against clear and present dangers. The safeguards prevent abortion simply on the basis of sex and because the baby will be born a girl, or indeed a boy. They ensure that the freedom of health professionals to conscientiously object is protected, and they prevent abortion right up until birth, even though many premature babies are born and survive and thrive, every week.
The right hon. Member for Kingston upon Hull North (Dame Diana Johnson) failed to explain how any of those serious threats to our society and culture would remain illegal. Never once has she denied that her new clause would allow abortion up to birth—something many of my constituents have rallied against in recent days, as is true of constituents across the country. I have received more emails and calls about new clause 55 than I have about any other measure since I was elected to the House 11 years ago. The right hon. Lady may argue that abortion will remain regulated by different medical bodies in the country, but those bodies cannot make legislation. They cannot pass laws or send the crucial messages that our current abortion law sends, namely that sex selective abortion is wrong, that conscientious objection is valid, and that abortion without any time limit would be a gross injustice in a humane society. Abortion under the regulation of changeable medical bodies that issue only guidelines and never laws can never be recommended.
I am grateful to contribute to this debate. On Second Reading I highlighted that the Bill, large as it is, contains about five clauses that apply to Northern Ireland, and we are supportive of them. Considering that we just heard from the Health and Social Care Secretary, who outlined our roadmap to freedom, I am disappointed that after Committee, the Bill is not in a better place when it comes to protest. For a party that prides itself on libertarian values and freedom in our country to curtail protests because they are noisy, inconvenient or impact on those around them, shows that the right balance has not yet been struck.
I wish to speak in favour of new clauses 44 to 50, tabled by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson). Indeed, I commend her for tabling them. The law has operated successfully in Northern Ireland for four years. Those important provisions were brought forward by my colleague in the other place, Lord Morrow. They are working in Northern Ireland, and I hope that after the conclusion of Report, they are brought forward again. I encourage the Minister to look at those provisions. I understand she is engaging with the right hon. Lady, and I hope we can pick up this conversation again.
I have mentioned to the right hon. Member for Kingston upon Hull North that I have considered some ire, having signed her new clauses on human trafficking and sexual exploitation, given the amendment that rests in new clause 55; she knows that I could never support new clause 55. I do see the dichotomy between bringing forward—[Interruption.] I wave back, Madam Deputy Speaker. New clauses 44 to 50 would take away the power from the powerful in support of the most vulnerable, and that is why I struggle with new clause 55: it would do the reverse.