Family Planning Clinics: Public Order Legislation

Sandy Martin Excerpts

Tuesday 7th November 2017 Westminster Hall

[Sandy Martin (Ipswich) (Lab)]

On 27 October, I received a delegation at my Ipswich surgery from a rights of the unborn child group. I believed it was right for me, as the MP for Ipswich, to listen to what a section of my residents believe. Six women, with varying degrees of confidence, spoke to me about their reasons for opposing all abortions at all times. They wanted to know whether I shared their beliefs and I think I made it clear that I do not, but I am glad that I gave them the opportunity to speak and I listened carefully to what they had to say.

I agreed with them when they expressed their anxieties about very late terminations, but as soon as I suggested some of the ways that such late terminations might be prevented, they made it clear that they were opposed to almost all of those remedies. Their view appeared to be that all sex was wrong, except in the context of wishing to create a new life; that contraception was wrong because it enabled and encouraged sexual activity without such a purpose; that once conception had taken place, the life of the foetus was every bit as precious as the life of the woman in which it was growing; and that anything that interrupted that growing life—even on the morning after—constituted murder. They appeared unwilling to contemplate situations where a woman’s life depends on having a termination, and they claimed that a woman who has been raped can gain a sense of closure from giving birth to the baby that results from that rape.

I believe that there are good reasons for wanting to minimise abortions, and that the best ways to achieve that are providing good sex education in schools; ensuring that girls and women are confident about making decisions about their own bodies; educating boys and young men about treating women with respect and as equals; making various forms of contraception, including male contraception and the morning-after pill, freely and easily available; and ensuring that good-quality, non-judgmental and timely counselling is available to support women who are uncertain about whether to have an abortion.

I believe that if a woman decides to have an abortion, the swifter that abortion takes place, the less trauma it will cause to her or her relatives. However, it is also important that she feels confident in the decision she takes and knows that she has had the chance to change that decision, so she needs to know how to access immediate counselling. She also needs to know how swiftly after that counselling she will be able to receive a termination.

It is right that arguments and discussions should take place at hon. Members’ surgeries, at public meetings and in this place, so that all views can be aired and all issues can be explored in an objective and constructive manner. But all these difficult discussions and decisions are a world away from the binary arguments and confrontational persuasion techniques that demonstrators use with women who are usually in an emotionally traumatised state and have often come to one of the most difficult decisions of their lives. If we do nothing to protect those women at that sensitive time, we expose them to risks to their mental and physical health, and I believe that the time has come to act.

[Mr Nigel Evans (in the Chair)]

If no other Member wants to make a short contribution, I call Diane Abbott.

--- Later in debate ---

[Mr Hurd]

I totally understand that point, and I think I was sensitive to it in my remarks, but it is still the responsible thing to remind people that if we want the police to take action, they need information. This is absolutely not easy because of the context, but it is still a point worth making.

I would like to say a few words about the actions of pro-life groups, which have received criticism here. I should say that everything we have heard about accusations of intimidation and harassment is a million miles away from the experience I had, which was similar to that of the hon. Member for Ipswich (Sandy Martin). Three ladies came to talk to me in Harefield library in my constituency about their deeply held views on the other side of the argument—the pro-life side—which were rooted in their deep faith and conviction and presented with great calmness and dignity. That was a million miles from what we are talking about happening on the pavements of Ealing, and was rooted in faith that I am sure all Members would want to respect.

However, it seems that in recent years there has been an escalation in the adoption of extreme tactics by pro-life groups in the UK; the right hon. Member for Hackney North and Stoke Newington was right on that. Tactics such as those used by the American anti-abortion movement—displaying graphic images, the wearing of video equipment to film locations and direct engagement with individuals entering health clinics—are a feature of that. The police recently assessed that pro-life demonstrations do not ordinarily result in crime or disorder, and it is rare that police intervention has been called for. I am also aware that pro-life groups deny harassment and intimidation.

[Sandy Martin]

I thank the Minister for considering the point. However, whether or not a member of a pro-life demonstration intends to harass, the fact that they produce leaflets and push forward their views to women who are entering these clinics at a moment of extreme emotional vulnerability constitutes harassment. The only way to avoid such harassment is not to have demonstrations at such locations.

[Mr Hurd]

I understand the hon. Gentleman’s point. I simply place on record something he has already heard from my hon. Friend the Member for Gainsborough: pro-life groups deny harassment and intimidation and claim that they seek only to dissuade and offer support to those seeking the services of family planning clinics. There are clearly deeply held views on this. I have no doubt about the upset some of those actions can cause, which have been expressed powerfully, not least by the hon. Member for Ealing Central and Acton, but by other Opposition Members as well.

In terms of police powers and management of protests, the police have a duty to facilitate peaceful protests by providing a lawful and proportionate policing response that balances the needs and rights of protesters with those of people affected by the protest. Rightly, Ministers have no power to direct or control police operations, but I am absolutely clear that women seeking medical advice or interventions in such circumstances should not be harassed or intimidated by the illegal actions of protesters.

As I said before, we believe—but we are open to the arguments on this—that the law provides protection against such behaviour, and the hon. Lady referred to the legislation. Sections 4A and 5 of the Public Order Act 1986 make it an offence to display words or images that may intentionally or unintentionally cause harassment, alarm or offence. The Protection from Harassment Act 1997 includes criminal offences that protect individuals conducting lawful activities from harassment by protesters. That Act also allows for a person to take civil proceedings in respect of harassment.

The Anti-social Behaviour, Crime and Policing Act 2014 provides the police with dispersal powers in public places, which can be used to disperse individuals or groups who are causing others to feel harassed, alarmed or distressed. The police also have powers under the Public Order Act 1986 to place conditions on the location, duration or numbers attending a public assembly. They can use those powers if, in their professional judgment: the assembly will result in serious public disorder, serious damage to property, or serious disruption to the life of the community; or the organiser’s intention is to compel others to act against their own rights. How and when any of those powers is used is an operational judgment for the police; there is no getting round that. They will judge each case on its merits, and will ultimately decide whether to use the powers available to them.

However, as part of our work to ensure the existing powers are used to the full, I will ask the relevant national police leads to ensure that the most appropriate tactics and best practice are being used. I will go further than that and extend an invitation to the hon. Lady: if she has good arguments and good evidence to support the argument that that package of legislation, which reads robustly to me, is somehow not fit for purpose, I am open to listening to her and the right hon. Member for Hackney North and Stoke Newington, if they want to make a case.