Oral Answers to Questions Debate

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Department: Cabinet Office

Oral Answers to Questions

Edward Leigh Excerpts
Tuesday 19th November 2013

(10 years, 5 months ago)

Commons Chamber
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Dominic Grieve Portrait The Attorney-General
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Yes, we have discussed that, and we will continue to discuss it. Advocacy lies at the heart of court presentation, and advocacy that is provided in-house within the CPS must be of a high quality. There are fairly rigorous internal review mechanisms, and I think that they have contributed to a raising of standards, but I entirely agree with the right hon. Gentleman that there is more to be done.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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5. What recent discussions he has had with the Crown Prosecution Service on prosecution of offences under the Abortion Act 1967.

Dominic Grieve Portrait The Attorney-General (Mr Dominic Grieve)
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The former Director of Public Prosecutions and I have had various discussions relating to the Act. On 7 October 2013, he published detailed reasons explaining why the CPS had decided not to proceed in the recent cases involving two doctors.

Edward Leigh Portrait Sir Edward Leigh
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Will the Attorney-General confirm that it is the settled will of Parliament that sex-selection abortion is morally wrong and illegal, end of story? How does he explain the fact that, although Operation Monto revealed that such abortions were taking place on a considerable scale, a derisory number of prosecutions have taken place—only seven in four years? Indeed, Keir Starmer, the former head of the CPS, decided not to prosecute when there was clear evidence on the basis of which he could have done so. Will the Attorney-General now take action to ensure that the settled will of Parliament is abided by?

Dominic Grieve Portrait The Attorney-General
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As I think my hon. Friend will know, the Abortion Act 1967 does not outlaw abortion on the basis of gender. It provides a mechanism whereby lawful abortion may take place, subject to medical diagnosis and scrutiny. No prosecution was brought because, when the case was examined, it was apparent that there was no

“considered medical guidance setting out, in clear terms, an agreed and proper approach to assessing the risks to the patient’s physical or mental health”,

no guidance on where the threshold of risk lay, and no guidance on the proper process for recording that the assessment had been carried out. It is for those reasons that I have raised the issue with my right hon. Friend the Secretary of State for Health, and I am delighted that he is reviewing it to ensure that it does not arise in future.