Abortion Act

Margot James Excerpts

Wednesday 9th October 2013 Westminster Hall

[Sir Edward Leigh (Gainsborough) (Con)]

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) must be congratulated on securing this debate, which is extremely topical and follows a great deal of reporting on this very serious issue. It is virtually impossible to be prosecuted in this country for carrying out an illegal abortion. I have found out that between 2003 to 2007, for instance, only seven people were prosecuted. It would be interesting to have more up-to-date information from the Attorney-General when he responds.

The real issue for Parliament and for this debate is whether Parliament makes the laws, or whether the Crown Prosecution Service does. This Parliament makes the laws, and clearly when it framed the Abortion Act—whatever one’s views on the Act’s merit or otherwise—it never envisaged a situation where there would be gender selection in this country. In my view, it is outrageous that in Britain today the most dangerous position to be in is that of a female fetus. That is completely unacceptable. It should not be tolerated in a free society; we should not tolerate it.

The actions of the CPS have been extraordinary. It conducted a 19-month inquiry and has conceded that the evidence is sufficient to warrant a prosecution with a “realistic prospect of conviction.” Jenny Hopkins, deputy chief Crown prosecutor for London, said that

“on balance there is enough evidence to justify bringing proceedings…This is a case-specific decision on the individual facts; it is not a policy decision of general application”.

I think we need clarification from the Attorney-General. If Parliament has framed an Act, and there is enough evidence to prosecute under it, why has the Director of Public Prosecutions decided not to prosecute?

The decision not to prosecute the two doctors in question may not specifically be a

“policy decision of general application”—

that is what the CPS is talking about—but it certainly seems indicative to us of a pre-existing policy not to prosecute. Putting it simply, the CPS has found that we have an Act of Parliament, and there is enough evidence to prosecute, but it has decided that is not in the public interest to do so. Why is it up to the CPS to determine what is in the public interest?

I remind the Chamber what The Daily Telegraph found. One doctor said:

“I don’t ask questions. If you want a termination, you want a termination.”

Another doctor was also filmed agreeing to conduct the procedure, even though he told the woman:

“It’s like female infanticide, isn’t it?”

Do we want that sort of thing to go on in this country?

The CPS claims that prosecuting the two doctors in question was not “in the public interest”. I believe that the CPS is simply wrong. It is in the public interest that laws are enforced, and if a law is against the public interest, it must be changed through the normal legislative process. If we have not framed the Abortion Act in a sufficiently clear way, it should be looked at again.

[Margot James (Stourbridge) (Con)]

My hon. Friend is making a very good case about what is in the public interest. Is he aware that India has 37 million more men than women, and that what we are debating today is the cause of that? Does he agree that whether that arises from the abortion of female fetuses or female infanticide, and whether it takes place in Bombay, Beijing or Birmingham, it is wrong?

[Sir Edward Leigh]

Yes, I am grateful to my hon. Friend—it is quite wrong. India’s 2011 census shows 7.1 million fewer girls than boys under the age of six—a gap that has almost doubled over two decades. Rather than a function of villages being backward or poor, this is a phenomenon that grows more pronounced, apparently, as Indians grow richer. Studies show that wealthier, better-educated Indians are more likely to have boys, because they can afford the newish tools of ultrasound and gender-specific abortion. In Mumbai, some clinics market their services as cheaper than dowries:

“Better 500 rupees now than 500,000 later”,

as one advert put it. We all know that weddings are expensive, but it is a shocking statement. The message is abhorrent in our eyes, and our instinct is not to look at the issue at all, but this is going on, and we do not want it going on in our country.

The General Medical Council is being strong on the issue, and we must commend it for investigating the claims of illegal activity by doctors. We welcome the statements and strong words of GMC chief executive, Niall Dickson:

“Doctors who do not comply with the law relating to abortion are putting their registration and careers at risk”.

I put it to the Attorney-General that given the infinitesimally low rate of prosecutions for illegal abortions, and given what the director of the CPS has said, we live in a situation where doctors, frankly, can get away with it. My hon. Friend the Member for Enfield, Southgate, spoke most forcibly about pre-photocopied forms going out, but it goes further than that. We know, from The Daily Telegraph investigation, that doctors are specifically, personally cognisant that they are committing female infanticide. The issue for this House—for a liberal, western society—is whether that is tolerable. I believe that it is not, and that it is now up to Parliament and the Government to take action. I look forward to the Attorney-General’s response.