Family Planning Clinics: Public Order Legislation

Debate between Rupa Huq and Nigel Evans

Tuesday 7th November 2017 Westminster Hall

[Dr Huq]

I am interested to hear that. I have seen the story on social media—although I have not seen the detail—and like my hon. Friend, I am waiting to hear what the Minister says about that anomaly.

Ealing has been talked about as a test case, yet local government has suffered in the past 10 years. Ealing Council has had a cut of £168 million—half its operating budget—since 2010. Everyone is trying to do more and more with less and less. That is why we need a national solution at a time of unprecedented austerity in local government. The attacks on the budgets of police and local government make me think that the best solution is a national one, with new legislation to tackle this ongoing gendered street harassment—that is what it is. It is about shaming women for choices they have made. No outside person can know why they made that choice; it may be for myriad circumstances. It is about controlling women in a horrible, public, misogynistic fashion.

Other criticisms I have heard of PSPOs is that they involve an arduous process. The burden is on the council to introduce the order and the police to enforce it. The conditions must be clear and well worded, so some direction from the top would be ideal.

The weight of expert opinion is substantial, even for a Government some of whose members have at times said they have had enough of experts. The law journal Legal Action concluded:

“Speaking to both sides on this issue, it is apparent that there is little or no common ground…The vote by Ealing Council, though, is one clear indicator of how out of step with mainstream…public opinion”

the anti-abortion protesters are. It cites precedent from Victoria in Australia, where there is a 150-metre radius zone around such clinics. There are also examples from 14 American states, France and Canada.

The BMA wrote to me only today to raise its concerns about intimidation of patients and staff outside facilities. That is the British Medical Association, not the Socialist Workers Party or anyone like that. It says that it has raised the issue with the Home Office and the police, but continues:

“Unfortunately, their responses have not reassured us that the situation is being adequately addressed.”

It talks about the “intimidating manner” in which views are professed outside abortion services, especially as women may feel vulnerable already. It says that the staff are providing a “lawful and necessary service” and continues:

“We are…pleased…that you have secured the debate this afternoon, and we hope it will provide an opportunity”

to address the issues.

Other groups that support the campaign include the Royal College of Obstetricians and Gynaecologists, the Royal College of Midwives, the End Violence Against Women Coalition, Women’s Aid, Mumsnet, the Family Planning Association and, as might be expected, Marie Stopes International. In fact, in a YouGov poll released today, 57% of MPs supported the Ealing approach to exploring the options for introducing a buffer zone, and only 24% were against. Petitions need to have 1,500 signatures to be brought to the council and debated; this one had an unprecedented 4,000 signatures, which shows the weight of public opinion in Ealing.

As a civilian in Ealing I have witnessed the situation for 43 years, and since becoming an MP, many people have contacted me. One said, “These protestors have become a permanent and unwelcome intrusion into our close knit, diverse and tolerant community.” Cars hoot their horns in support of Sister Supporter. Someone from a house opposite said, “I’m trying to put my baby to sleep”—we do not necessarily think about such things. People now swerve to avoid that road—that is what it has turned into. People do not want to go there because of this ugly situation. How are we doing for time?

[Mr Nigel Evans (in the Chair)]

I will assist the hon. Lady. Two people have indicated that they would like to speak. The wind-up speeches will start at 5.08 pm with Diane Abbott and ten minutes later the Minister will speak. You will have two minutes to conclude, so perhaps you could give enough time for the other two speakers.

--- Later in debate ---

[Dr Huq]

I listened carefully to the Minister and was encouraged by the way he is on side regarding tactics and practice. We have had a good debate. I am grateful for contributions from my hon. Friend the Member for Dewsbury (Paula Sherriff), who was very thoughtful, and my hon. Friend the Member for Ipswich (Sandy Martin), who described a real-life case in which the other side came to visit. The hon. Member for Gainsborough (Sir Edward Leigh) asked me whether I had spoken to the other side. I took a leaflet from them the other day and I was horrified by the factual inaccuracies in it. If that advice is lying leaflets, I do not think it is useful or constructive. I have also been pitted against the other side in TV studios several times. I think that they peddle emotion. It is an emotive subject, with strong feelings on both sides, but we need some factual basis to arguments here, and that is often lacking.

We are conflating different things. We should take out the wrongs and rights of abortion, which has been legal for 50 years, as my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) pointed out. The debate is about the safety of women; surely we can all agree that women should be able to access confidential, NHS-provided facilities without loads of people in their face, annoying them. It should not be about the nuances of the number of weeks or about abortion, because that is legal. It is a given, and by the time those women get to the clinic they have made that decision. They have been through the agonising other stuff, maybe at the GP’s surgery or somewhere else. As my beat police officer said, weaponising rosary beads at the 11th hour is not really useful or constructive. I think there is a bit of a myth about the number of women who have been “saved”; figures show that this only delays their going to the clinic, and that they come back on another day, although there may be some cases where it happens.

I have spoken to both sides, because I am MP for both sides and represent both. I do not think these women are protesting; they are trying to impose their view on the women who are trying to access services, and are trying to stop a termination at any price. We do not know why those women are there; they may have been raped. No outside observer can know those things.

This has been done in America, Australia, Canada and France. I have enormous respect for Sister Supporter, so I do not want to diss the organisation, or want what I am about to say to be misinterpreted, but as the police officer said, “In some ways, the sides are both as bad as each other.” The thing is that one side feels that it should not have to be there at all. It is the pro-life people who will not budge, and do not accept that their actions are harassment. Harassment is in the eye of the beholder, and if someone is made to feel uncomfortable, then it is harassment; these things are legally drawn up.

In summary, I ask the Government to bring forward legislation to introduce buffer zones outside clinics and pregnancy advisory bureaux, not to stop protest. The protesters can take their protest elsewhere: there are Speaker’s Corner, the House of Commons and other places. The women accessing clinics are not seeking debate. They are just trying to have a medical procedure done. Any other procedure would be done in complete anonymity, but they are filmed on Facebook livestreams, or their ex-partners are told, “This is what she’s up to.” There are some horrible, threatening examples that I do not want to go into the details of here.

Religion is often dragged into the debate. I bumped into the vicar of St Mary’s church, Acton, the Reverend Nick Jones—Nick the Vic—in the street on Sunday, and he said, “Good on you for the stuff you’re doing.” He reminded me that David Steel—Lord Steel as he is now—is a devout Christian. There is nothing Christian about the way the anti-abortion lot have spoken about me on social media and elsewhere. They are anti-abortion, yet they keep saying about me, “I wish her mum had had one.” But I am a big person and quite robust—sticks and stones and all that.

The Government should look at what further action can be taken to ensure that women can attend sensitive healthcare appointments, and that healthcare workers can do their jobs without fear of harassment or abuse towards patients or staff; my right hon. Friend the Member for Hackney North and Stoke Newington put it very well. In particular, I believe the Government should consider the experience of other countries; this issue is not unheard of.

Returning to section 10 of the Human Rights Act 1998, it is unclear whether we will remain subject to that; I think some on the other side do not want us to. A legal opinion that I have says:

“if the evidence collected by Sister Supporter about the distress caused to women using their clinics stands up to scrutiny, this could persuade a court that the anti-abortion activists’ rights under articles 10 and 11 are outweighed by those of the users of the clinic”,

oddly under article 8, the right to a private and family life. Privacy has gone out of the window when protests are livestreamed on the internet. The Government should consider examples from elsewhere and consult with health service providers, patients and police about the potential to offer buffer zones around clinics.

I was a little disappointed that the Minister did not really address the points about the savage cuts to police and local government budgets. He will probably say that that is for another Department and not him, but I hope he has heard those words.

The courage of Sister Supporter and the queen of the suburbs, my home borough, where I have been for 45 years, have led the way. Let Her Majesty’s Government and the nation follow by finishing the job. Whatever happened to “Thou shalt not judge”? That is where I will end.

[Mr Nigel Evans (in the Chair)]

I thank hon. Members for the common courtesy and moderation shown throughout the debate, and I thank everyone attending.

Question put and agreed to.

Resolved,

That this House has considered public order legislation relating to family planning clinics.