Legal Rights to Access Abortion

Sally-Ann Hart Excerpts

Monday 28th November 2022 Westminster Hall

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Sir Graham. I hope that this important debate will generate light, not heat—perhaps in the past we have had too few such debates. I congratulate my hon. Friend the Member for Gower (Tonia Antoniazzi) in setting that out so powerfully and making that argument. I also congratulate Caitlin on her incredibly powerful petition, which I think reflects the growing view—indeed, it is the majority view among women in this country—that in the 21st century, their right to healthcare needs to be not just protected but clarified.

Let me start by stating something that it is important for us all to recognise. When you ban abortion, you don’t stop abortion; you simply stop access to safe abortion. When we talk about having a human right to abortion, the alternative is not no abortion—it is unsafe abortion. There is no pro-life perspective on this. There are only those who recognise the need to ensure safe access in order to save lives by preventing those unsafe abortions, and those who are more comfortable with the risks that may come from not offering such a service.

Secondly, let me provide some clarification. I do not believe that the Government have put before us—perhaps the Minister will tell us whether alternative wording will be brought forward—a Bill of Rights, because it does not lay out a set of rights. I am sure that the right hon. Member for North East Somerset (Mr Rees-Mogg) will regale us with his stories about the American constitution—I am sure that he is more of a scholar on that than I am—but that sets out a series of rights. This Bill does not do that. As the right hon. Member for Gainsborough (Sir Edward Leigh) very clearly stated, it sets out which place of law should be supreme. That is a different argument from that on whether there are laws to protect our rights. Let us be very clear: we are talking not about a Bill of Rights, but about a Bill of clarity about where rights rest and who has the right to interpret them.

I wish to disappoint the right hon. Member for Gainsborough: we are still part of the European Court of Human Rights. We might have left the European Union but the European Court of Human Rights still applies in the UK. Some of us agree with Winston Churchill that that is quite a good thing and we should uphold it. Indeed, I believe that that is the Government’s current view.

Let us also put to bed the idea that passing a Bill of Rights—or a Bill clarifying where rights are being determined—would somehow mean that a particular right would be subject to judicial intervention and other rights would not. All rights set out in this piece of legislation would be subject to the courts, just like freedom of speech and the rights of those people seeking asylum in our country. Abortion would be no different in this legislation. It would simply be another right where we clarified where the balance of rights—

[Sally-Ann Hart (Hastings and Rye) (Con)]

Does the hon. Member agree that is very little disagreement on the right to protect freedom of speech? On the right to protect freedom of expression and freedom of religion, people can practice whatever they want. Does she agree, however, that the subject of abortion is much more nuanced? There are some people who would never take away a woman’s right for an abortion, but it is not a black and white issue and therefore cannot be compared to the right to freedom of speech, expression or religion. It simply cannot be compared to that.

[Stella Creasy]

I disagree with the hon. Lady, and I invite her to talk to campaigners in my community who feel very passionately about where the line about the right to religious freedom is drawn, or the right to freedom of speech. Those are not uncontested subjects. We all passionately believe that human rights are important, but how they are applied and what they mean in practice can often be a very different thing. I argue that a woman’s right to choose is something that the majority of people in this country—multiple public opinion surveys now back this up—believe should be a right for women. Right now, it is not a right for women. A woman does not have the right to choose to have an abortion in this country—we need to be very clear about that, because that is where this debate is coming from.

It is also why I agree with the right hon. Member for Gainsborough when he says that this should be a parliamentary matter. That is exactly what the petition is calling on us to do, as are those conversations about whether or not the Bill should include that. I simply say to the right hon. Gentleman that I do not know who in this place he means to be a hijacker, but I have never believed that the role of the Opposition is to sit on the sidelines for five years, cheering on the Government’s work. The role of the Opposition is to make progress on the issues that we are concerned about. If we can make progress on this very issue, I wager it will make a difference in many ways that he has not yet realised.

We do not have the right to an abortion. Even those women seeking abortions do not have a right to an abortion. They have to secure the support of two doctors who have to act in good faith to agree that a woman should have an abortion because the alternative would cause her mental distress or a physical threat to her life. That is not a right.