Decriminalisation of Abortion

Debate between Jackie Doyle-Price and Diana Johnson

Tuesday 23rd July 2019 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

(Urgent Question): To ask the Home Secretary to make a statement on the repeal of sections 58 and 59 of the Offences Against the Person Act 1861 in England and Wales, in consequence of the decriminalisation of abortion in Northern Ireland.

[The Parliamentary Under-Secretary of State for Health and Social Care (Jackie Doyle-Price)]

I have been asked to answer this question. As with other matters of conscience, abortion is an issue on which the Government adopt a neutral stance and allow Members to vote according to their moral, ethical or religious beliefs. As the Secretary of State for Health and Social Care has responsibility for abortion policy, I am an instrument of the House in that regard and I will discharge the instructions of the House in the best interests of patient safety.

The Government have a duty to see that the provisions of the Abortion Act 1967 are properly applied until, and unless, Parliament chooses further to amend that law. The hon. Lady will be aware that the Abortion Act—the legislation affecting England and Wales—is an amendment to the Offences Against the Person Act 1861. Notwithstanding the issues in Northern Ireland, the Government currently have no plans to amend sections 58 and 59 of the 1861 Act in England and Wales.

Abortion is an extremely sensitive issue, and there are very strongly held views on all sides of the debate. Given this, any significant changes to the law require careful consideration and full consultation with the medical profession and others. Moreover, it is right that MPs and peers—or the devolved legislatures, as the case may be—have adequate opportunity to scrutinise any legislation fully. The Joint Committee on the draft Domestic Abuse Bill has also made it clear that abortion is not a matter for the Domestic Abuse Bill, which the House will consider shortly.

The question of potential reform to Northern Ireland’s abortion laws, through the Northern Ireland (Executive Formation) Bill, if no restored Government are in place, should not be cause to reform the system in England and Wales. Abortion in England and Wales is already accessible and serves the needs of women seeking to access such services. The law also provides protection for the medical profession in carrying out its functions and duty of care to women.

As abortion is a devolved matter in Northern Ireland, the Government’s preference remains that a restored Executive and a functioning Assembly take forward any reforms to the law and policy on this issue. It is our hope that devolved government will be restored at the earliest opportunity through the current talks process.

We do, however, recognise the strength of feeling expressed by the House in the amendments to the Northern Ireland (Executive Formation) Bill, which place a duty on the Government to make regulations to reform Northern Ireland’s abortion laws if there is no restored Executive by 21 October 2019. The Government will work expeditiously to take forward this work, should that duty come into effect in the absence of devolved government.

The Government will also work with service providers to ensure that, in the meantime, the scheme provided in England for women from Northern Ireland continues to be fully accessible and that appropriate information is provided to those seeking to access those services. It remains my priority to provide safe access to abortion services under the law, as set by Parliament.

I appreciate this is an emotive issue, on which there are strongly held views, and I am sure it is something we will continue to debate in Parliament over the coming months, but I end by reminding the House that, over the past 50 years, the Abortion Act has ensured that women have access to legal safe abortion, which has contributed to a significant reduction in maternal mortality and has helped to empower women to make informed choices at what can be a very sensitive and difficult time in their lives.

[Diana Johnson]

I thank the Minister for her response, although it is a very disappointing response that does not address the subject of my question: England and Wales. I am also disappointed that we do not have a Minister from the Home Office, because this is a matter of criminal law.

The Northern Ireland (Executive Formation) Bill, which repeals sections 58 and 59 of the Offences Against the Person Act 1861 in Northern Ireland, completed its parliamentary passage yesterday, but those sections still apply in England and Wales, meaning that any woman who ends a pregnancy without the permission of two doctors faces up to life imprisonment. That includes women who obtain pills online, and they might be women in abusive, coercive or controlling relationships, women living in rural areas and women who have childcare responsibilities who cannot access services in clinics.

Despite legal access to abortion in Great Britain, two women a day seek online help on abortion from Women on Web. The Medicines and Healthcare Products Regulatory Agency, the medicines watchdog, has over three years seized almost 10,000 sets of abortion pills headed to British addresses.

The House will be pleased to know that there are no arguments about jurisdiction on repealing these provisions for England and Wales, and we are the competent body to do so. We have voted to decriminalise abortion on two recent occasions, 13 March 2017 and 23 October 2018, which alongside last week’s vote on the Northern Ireland (Executive Formation) Bill clearly shows the will of this House that abortion should no longer be part of our criminal law but should be a regulated health decision between a woman and her doctor. I must stress again that decriminalisation does not mean deregulation, and a whole range of legal and professional regulation would still apply, just as it does to other healthcare procedures.

The situation in which we now find ourselves is unjust, irrational and confusing. The British Pregnancy Advisory Service released polling this morning showing that only 14% of people are aware of the current law and that 65% of British adults and 70% of women do not support the current criminal sanction.

Decriminalisation is supported by the Royal College of Obstetricians and Gynaecologists, the Royal College of General Practitioners, the Royal College of Midwives, the British Medical Association and the Royal College of Nursing, so I ask the Minister again. When will the Government act to repeal sections 58 and 59 of the Offences Against the Person Act, and will there be a moratorium on any prosecutions under these sections in the meantime?

[Jackie Doyle-Price]

I know I will disappoint the hon. Lady, and I know she has been a passionate campaigner on these issues for many years, with the welfare of women at her heart. I answer this question with great respect for her desire, but it remains the case that the Government are not minded to repeal the provisions of the 1861 Act in England and Wales, recognising that we have an Abortion Act that provides for access to abortion services.

From the perspective of the safety of women accessing abortion services, the issues raised by the hon. Lady do concern me. It is not good for the welfare of women that pills are being accessed online. I also observe that the Abortion Act is more than 50 years old and was the product of a very different time. Abortions were then entirely surgical, and the medical abortions to which we now have access are clearly far safer.

This is very much a personal view, and I am not speaking for the Government in advancing this view, but I think that making provision for early abortion and for recognising medical abortion in law will get us much further. We need to make sure we have a safe regime that enables women to access abortion services as safely as possible.

Oral Answers to Questions

Debate between Jackie Doyle-Price and Diana Johnson

Tuesday 27th November 2018 Commons Chamber

[Jackie Doyle-Price]

The evidence I have is that sexually transmitted infection rates are stable, that rates of teen pregnancy are falling, that rates of abortion are stable and that rates of HIV testing are increasing. However, the hon. Gentleman raises an important point, and I will look into it. The most important thing is not necessarily where or how people access their services, because we want to make tests and long-term contraception available online too. We will keep the issue under review.

[Diana Johnson (Kingston upon Hull North) (Lab)]

Does the Minister agree with the chief medical officer, who said in her evidence to the Health and Social Care Committee that she thought the cuts to sexual health services had gone too far?

[Jackie Doyle-Price]

As I said in my previous answer, the important thing is to look at outcomes. We can see that levels of teen pregnancy and sexual infection are stable and that more people are accessing contraception. We need to ensure that people can access contraception in the most convenient way for them, and we can see that rates of access are on the increase.

Social Care

Debate between Jackie Doyle-Price and Diana Johnson

Thursday 7th December 2017 Commons Chamber

[Jackie Doyle-Price]

I absolutely give my hon. Friend that assurance. If I may, I will suggest to my hon. Friends in the Department for Education that they respond to him on those points.

[Diana Johnson (Kingston upon Hull North) (Lab)]

May I say how nice it is to see my hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) back in her rightful place on the Front Bench? I endorse what the Chair of the Health Committee, the hon. Member for Totnes (Dr Wollaston), has said to the Minister. Does the Minister regret that the Chancellor failed to mention social care at all in the Budget?

[Jackie Doyle-Price]

I think we are in danger of getting into a false debate. When I talk about social care, I do not talk about it to the exclusion of health but automatically include it. When people talk about the failure of the Chancellor to mention social care, the reality is that more money was made available to the NHS, which will benefit the social care system.

Contaminated Blood

Debate between Jackie Doyle-Price and Diana Johnson

Thursday 20th July 2017 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

(Urgent Question): To ask the Secretary of State for Health if he will make a statement on the responsibility for establishing an inquiry into the contaminated blood scandal.

[The Parliamentary Under-Secretary of State for Health (Jackie Doyle-Price)]

I begin by adding my personal apology to those who have previously spoken in this House about the tragedy of contaminated blood, and by reiterating that the Government recognise the terrible impact contaminated blood has had on many thousands of lives.

The Government recognise that previous inquiries into the events that led to thousands of people being infected with HIV and/or hepatitis C through NHS-supplied blood or blood products did not go far enough. That is why, on Tuesday 11 July 2017, the Prime Minister committed to establishing a further inquiry so that the causes of this tragedy can be fully understood.

Once established, we want the inquiry to be fully independent. Before it is established, however, there is a need to define its scope and format so that terms of reference may be set by the relevant Secretary of State. Given the tragedy’s impact on so many lives, it is vital that we get this right and that we get it right from the start. I am aware of the concerns that have been raised this week by those affected, by campaign groups and by Members of this House. Indeed, I spoke to the hon. Member for Kingston upon Hull North (Diana Johnson) on Tuesday about this very issue.

I reassure the House that the Government have as yet made no final decisions on the scope and format of an inquiry, or on its leadership. I have newly taken on this policy area, and I am keen to make sure that all those affected are given an opportunity to give us their thoughts and opinions. I understand it is normal practice for public inquiries to be sponsored by the relevant Department. However, we are keen to listen to the concerns that have been raised and ensure that they are addressed, which is why we are in discussions with the Cabinet Office and colleagues across Government to ensure that this inquiry does its job, and does it well, under appropriate leadership.

That is why an early consultative meeting was scheduled for today, hosted at the Cabinet Office, and the Secretary of State and Ministers hope to understand further the important views of those affected on the shape and establishment of an inquiry. This is the first of several meetings that the Government would like to offer over the coming weeks. I strongly encourage anyone affected to give us their views. Our door is open to anyone who wants to discuss the inquiry or raise any concerns they may have.

It is important to note that, whatever arrangements are agreed for this independent inquiry, safeguards will be put in place to ensure independence—for instance, by ensuring that the secretary to the inquiry has never worked at the Department of Health or any of its agencies. I reiterate that we are absolutely committed to a thorough and transparent inquiry, and we want to establish the best format and remit. That is why we want to hear as many opinions as possible, and we will work with those affected and Members of this House to do so.

--- Later in debate ---

[Diana Johnson]

Thank you for granting this urgent question, Mr Speaker.

Although I welcome last week’s announcement of an inquiry into the contaminated blood scandal, the vast majority of people affected by this scandal, their families, campaign groups and legal representatives, plus many cross-party parliamentarians, are, like me, dismayed to see the Department of Health leading on the establishment of this inquiry. The Department of Health, an implicated party at the heart of so much that has gone wrong over the past 45 years, must have no role in how this inquiry is established—in my view, it is akin to asking South Yorkshire police to lead an inquiry into the Hillsborough disaster. I regret that the Government have not been able to understand that putting the Department of Health in charge at this time immediately undermines their excellent decision to call a public inquiry last week. In consequence, contaminated blood campaigners boycotted a meeting organised by the Department of Health at 10 am today in protest. Another Department must surely now take over the responsibility for consulting on the remit of this inquiry.

I am pleased that the Government acknowledge the overwhelming and unanimous opposition to the Department of Health consulting on the inquiry, including from more than 250 campaigners and 10 campaign groups, the Haemophilia Society, and the law firms Collins Law and Leigh Day, which together represent 716 claimants. Nevertheless, the Minister needs to address two questions urgently. Why, on Tuesday 18 July, did the Department of Health call a meeting for 10 am today, with just two days’ notice, in central London, and at a time that is most difficult, inconvenient and expensive for people affected to attend? When I spoke to the Minister, she told me that the Government plan to update the House by September and get the inquiry up and running as soon as possible. That had not been made clear to campaigners or MPs, and I wondered why.

I still believe that the case is even more pressing for another Department to take over the work of establishing this inquiry now. That Department must then have a true and meaningful consultation with everyone affected, so that they can be fully involved and have confidence in this public inquiry.

[Jackie Doyle-Price]

As I mentioned, no firm view has been taken as to which Department will run the inquiry, but as the Minister with responsibility for this area the House would consider it amiss if I were not having meetings and discussions with those affected about the inquiry’s remit. When the Minister of State, my hon. Friend the Member for Ludlow (Mr Dunne), made the statement to the House about the inquiry, we made it clear that we wanted to progress as soon as possible. The Secretary of State called this meeting because we want to hear directly from the victims about what they want from the inquiry. We are very much in listening mode. A decision has not yet been taken as to which Department will run the inquiry but ultimately, as a Minister, I am accountable to Parliament for what happens in the Department of Health in those areas for which I have responsibility, and I want to be leading from the front, having those discussions.