Offences Against the Person Act 1861

Peter Bottomley Excerpts

Tuesday 5th June 2018 Commons Chamber

[Sir Peter Bottomley (Worthing West) (Con)]

My understanding is that if sections 58 and 59 of the Offences Against the Person Act are repealed, it will be necessary to have some other civil law both for England and Wales and for Northern Ireland. Clearly, the abolition of sections 58 and 59 will happen, as that is what the majority in the House wants to happen. That will then provide an opportunity to the devolved Assemblies and Administrations to bring forward the laws that they think are appropriate in their own parts of the United Kingdom. As I understand it, the Offences Against the Person Act does not apply in Scotland in this regard, and that does not cause a problem. The question is how and when, and then what.

I would like to know who is the most senior person in the DUP who supports what is, to use the shorthand, a woman’s right to choose; and whether any DUP candidates in the previous general election spoke up for a view that is held quite widely in other political parties. I am not sure that I know the answer to those questions.

[Sir Jeffrey M. Donaldson]

rose—

[Sir Peter Bottomley]

There is no need to provide the answer now, but, at some stage, it would be interesting to know whether there is a debate and a variety of views in the DUP. That is important in Northern Ireland.

The second question is whether we can take out the idea that this is a rarity. I do not normally talk about personal circumstances, but I have been involved in about 10 conceptions, three of which brought children who were born alive. The other seven were aborted naturally—they were miscarriages. I have had people living in my house desperate to have children, who have gone through late miscarriages—incidentally, those who think that the heartbeat starts at three weeks are out by about 100%, because it is about six to eight weeks, but that is an unimportant detail. The question is clearly this: if there is going to be a deliberate termination, can it be as soon as possible rather than as late as it can be under the current procedures? That is one reason why we need to examine the need to have two doctors to approve a formal medical termination or whether one is sufficient, and what the protocols should be.

We need to approach this matter in this way: the world is not as we would like it to be. It is clearly wrong that, in this country, there are about 190,000 abortions a year. If we allow some people to come in from Spain, Ireland or Northern Ireland for abortions, that leaves about a 40% chance that someone in this country will be involved in a conception that is ended by a deliberate termination at some stage. It is common, and it is not something for the criminal law. It is about understanding how conception takes place, whether people want an extra child when they already have five children, whether they have conceived with someone to whom they have to say, “I’m sorry, what did you say your name was?”, or whether they say, “We have lived together for two years and we hadn’t planned this.” Those are the sorts of circumstances that require openness and open discussion.

[Mr John Hayes]

Any legal circumstances where abortion was not in some way limited or restricted would certainly be a rarity. We have heard in this debate that abortions cannot take place from a much lower age in most countries of the world. Would my hon. Friend support that kind of reform?

[Sir Peter Bottomley]

My right hon. Friend will have heard me say that if a deliberate abortion is going to take place, the sooner it takes place the better. It is better that people do not face those circumstances, but when they do, the earlier the better. That is clearly right. The civil law will need to replace the criminal law.

Members who have contributed, on both sides of the House, have earned the respect of those outside. If those who oppose change can respect those who want it, we can have a better debate.