(2 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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I beg to move,
That this House has considered e-petition 700014 relating to decriminalising abortion.
It is always a pleasure to serve under your chairship, Mr Vickers. The petition creator is Gemma Clark, and this is what it says:
“I am calling on the UK government to remove abortion from criminal law so that no pregnant person can be criminalised for procuring their own abortion.”
Gemma became involved in campaigning on this issue during the pandemic. She was particularly alarmed by the tactics of some campaigners harassing women trying to access abortion in Scotland. She also has a friend who experienced a stillbirth but was investigated by the police.
Gemma is worried that there is a lot of misinformation about abortion, especially late-term ones, and that that is linked to the rise of extreme ideologies and misogyny. She is a primary school teacher and is fearful that the young girls she is educating now will have fewer rights when they grow up than she does. I thank Gemma and the more than 103,000 people from across the UK who signed her petition. That includes 152 from my constituency of Folkestone and Hythe. I also thank 55 of my constituents who emailed me to express their views on the issue. That has fed into this speech.
How is abortion criminalised in the UK? It depends on where we live. Abortion is, in effect, decriminalised in Northern Ireland, whereas long-standing laws maintain the criminalisation of abortion in England, Wales and Scotland with two main offences: procuring miscarriage under section 58 of the Offences against the Person Act 1861, and child destruction under section 1 of the Infant Life (Preservation) Act 1929.
The hon. and learned Gentleman is describing the law. One of the justifications for the Abortion Act 1967 was that it would end back-street abortions; indeed, whether we like it or not, we have abortion on demand in safe environments. If the proposals we are discussing go ahead and, de facto, it becomes possible to have an abortion at home up to birth, does he not think that could endanger women’s health? Is he not worried about that, or are the movers of the petition not worried about that?
I am not aware that following the decriminalisation of abortion in Northern Ireland there has been a strong current to re-criminalise it, which might be expected had a situation such as the right hon. Gentleman referred to actually occurred. It is not my understanding that that has happened.
For each of the two offences I described, sentences of up to life imprisonment apply. A person is guilty of the offence of child destruction when the pregnancy is of at least 28 weeks and they commit a wilful act to cause the child’s death; it is a defence if the act was done to preserve the mother’s life. The offence of procuring miscarriage can be committed at any stage of gestation when a person uses a poison or instrument to induce miscarriage. As the right hon. Member for Gainsborough (Sir Edward Leigh) said, there are defences, variously, under the Abortion Act when two registered medical practitioners authorise abortion in an approved clinic in broadly four situations. The first is when there is a risk of injury to the mother’s physical or mental health up to 24 weeks—that was the exception expanded during covid, so that women could access pills for medical abortions at home, following a consultation, for pregnancy of up to 10 weeks.
(2 months, 4 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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My hon. Friend is right to contrast the approach of the soundbites from the shadow Justice Secretary with the Justice Secretary’s approach of rolling up her sleeves and getting on with the job of sorting out the mess left in our prisons, Probation Service and courts.
Just to be constructive for a moment and to try to get a bit of consensus, surely no one is suggesting that anybody in Parliament wants to restrict the power of judges and their traditional right to sentence people according to their own lights. All we are questioning is whether a quango like the Sentencing Council should try to stack the deck against certain groups. All we are saying is that judges should impose sentences irrespective of people’s race, colour or whatever.
The Father of the House and my constituency neighbour brings a constructive note, and I agree with exactly what he says. We have an independent judiciary that we should let get on with the job.
(6 months ago)
Commons ChamberAbsolutely. The Minister with responsibility for courts, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), has already outlined the steps that the Government are taking to increase sentencing in our courts. We will of course consider what other action we can take. We know that the budgetary position that the Government face is incredibly tight, because of the inheritance that we received. However, it is vital that we make fiscally responsible decisions.
SDS40—the standard determinate sentences early release scheme—was an emergency measure that we had to take to avert the complete collapse of the criminal justice system following the shocking inheritance left to us by the previous Government. The emergency measure is not, of course, the solution to the crisis that we inherited. That is why we will build the 14,000 prison places that we need, and have launched the independent review of sentencing.
What concerns me is not the past but the future and how to protect the public. Will the Secretary of State assure me that the screening process is sufficiently robust to ensure that violent and dangerous criminals are not released into the community?
I gently say to the right hon. Gentleman that the past is relevant in so far as it sets the context for the crisis that we have inherited, which needs resolving. Given that we all but ran out of prison places—numbers had fallen to fewer than 100 in the summer—it is important that we recognise that the prison system is and has been on the point of collapse. That is why we had to take emergency measures. We have made exclusions to the SDS40 scheme that should take account of his concerns. It is of course important that offenders are monitored and supervised effectively when they are not in prison, and that is what we are trying to do now. Tech can play a bigger role there, and I have asked the independent review into sentencing to look into that.
(6 months, 2 weeks ago)
Commons ChamberI pay tribute to the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), and I want to follow her in talking about palliative care. Let me start by reading an email that was sent to me only yesterday by a personal friend and constituent:
“I apologise for adding to the thousands of emails you will be receiving. I just wanted to tell you why I oppose the right to die Bill. I know you are aware of the experience I had when my husband was dying. In hospital we had a dreadful experience because they had no end-of-life care and he suffered. Once in the Hospice it was a different story and he received the loving care he rightly deserved.
My argument is that, instead of assisted dying, we should be spending much more money on end-of-life care and funding the wonderful Hospice movement. Thank you for reading this.”
I will read another letter, from a doctor, which I think encapsulates some of the problems that we encounter in this issue:
“Only recently, I was giving my condolences to a grieving woman who had lost her husband in the early hours. He had been given a few small doses of pain relief and mild sedatives over the last few nights for symptom control and had passed away peacefully at her side. She asked me in all seriousness, ‘Doctor, did the nurses give him something to make him die quicker last night?’ This was an awful lingering doubt that she had. I was able to firmly reassure her that, no, the medication would not have sped up his passing.
For her, and the vast majority of other patients, doctors are there to prolong life and palliate symptoms. Were this to change, then we would not be doctors in the eyes of many, but bringers of death, agents of a state which counts its weakest members as expendable and worthy of nothing but an early grave.
I do not want to be a member of a profession which has that reputation or role”.
Those are two witnesses who have written to me. I have taken an increasing interest in this whole issue of palliative care, and the law frankly—
Will the hon. Gentleman forgive me if I do not? I know that many people want to speak. I just want to develop this argument, then I will finish.
The law is so unclear. I have talked to a number of palliative care specialists, and they say that we can give as much morphine as we want to a patient and we will not kill them, but there is real doubt in the minds of the public. A lot of the impetus around this debate, and the reason why people in opinion polls are apparently supportive of this measure, is that they are terrified of dying in pain. There is no need for this. When I talk to consultants and practitioners in palliative care, they say that they can manage pain. I was struck by a very touching email that was sent to me by a constituent, who actually supports the Bill on the grounds that when his wife was dying, and he was begging the doctor in a national health hospital to give her more morphine, the doctor said, “If I did that, I would be breaking the law.”
I can see the Health Secretary is sitting here, and I really think that if we are going to have a serious debate about this issue, we need to have something equivalent to a royal commission to determine what doctors can and cannot do. It is essential that we really reassure the public. There is tremendous interest in and huge doubt about this issue. Many people are conflicted, and we have heard many moving stories about people’s fear of dying in agony, but until we clear this up, I do not think that we can make the progress that this issue deserves. Yes, we have to fund our hospice movement seriously. It is very worrying that we are going to fund the NHS to fund death, but that we are not adequately funding our hospice movement.
Before we take this momentous decision, we have to be realistic about it: if the Bill were to pass at 2.30 pm, that would be it. I do not believe that a private Member’s Bill, which has only five hours of debate and on which many Members of Parliament will not be given time to speak, is the right mechanism. In the last Parliament, we discussed a certain subject that we all know about—it was a very different issue. We had hundreds of hours of debate, questions and scores of civil servants crawling over the issue. Surely this issue is even more important. Surely we should have had more than just two or three weeks to consider this Bill. We should be looking at the detail, because the devil is in the detail in respect of possible coercion, the facilities available to the hospice movement and the issues I have talked about, including the lack of clarity in the law as to how we can or cannot relieve pain. Can we not pause a moment? Those are the practical points that I want to make.
This is so important: the futures of so many vulnerable people are at stake. I was struck by the comment made earlier by the hon. Member for Brent West (Barry Gardiner) that we cannot consider this issue just in terms of individual hard cases. We must consider it in terms of society as a whole. What sort of society are we? Are we a society that loves our NHS, that loves life, that loves caring and that loves the hospice movement? Or are we a society that believes that there is despair? I will vote for hope at 2.30 and I will vote against the Bill.
(7 months, 1 week ago)
Commons ChamberAs I say, we are on track to remove more foreign offenders this year than in previous years. In fact, over the period when the shadow Justice Secretary was the Immigration Minister in the previous Government, the number returned was around 1,300. We have already returned more than 1,500 foreign offenders, utilising all the prisoner transfer agreements at our disposal. We are actively trying to negotiate more such agreements, so that we can continue to speed up removals from this country.
The previous Government negotiated a scheme by which we can deport Albanian prisoners back to Albania. It is an excellent scheme; Albania is a completely safe country, of course. Given that those crossing the channel are committing an illegal offence, is there anything legally to stop us arresting them and putting them on a flight straight to Albania? We do not even need to lock them up in Albania; they can just start their journey all over again—what a good deterrent.
As the right hon. Gentleman well knows, we have legal obligations to those who arrive in this country that have to play out. However, PTAs relate to those who have committed an offence, have been convicted and are being held in the prison estate. They can therefore be removed from this country under a prisoner transfer agreement. We are working with the Albanians to ensure that the PTA with Albania is as effective as possible.
(1 year, 3 months ago)
Commons ChamberI have visited Cookham Wood. I cannot remember the precise date, but the really important statistic to note is that in the period up to the end of September last year, we recruited an additional 1,400 prison officers. The numbers are going up, and the attrition rate is going down. [Interruption.] Hold on. That is because we have introduced measures such as the new colleague mentor scheme, rolled out £100 million on security and so on. We recognise that the safety of our prisons is in large measure down to the quality and quantity of our staff, and we are improving on both counts.
Order. Sir Edward, you should know better. This is topicals. You are a member of the Panel of Chairs as well; you are meant to set an example, not abuse your position.
(1 year, 11 months ago)
Commons ChamberI do not have plans to do so, I confess, but if the hon. Lady is to have those conversations, I invite her to consider writing to me afterwards; if there are matters we can take up, I would be happy to do so.
No one is a more doughty defender of the people in his constituency who are concerned about matters relating to Scampton than my right hon. Friend. This is principally a Home Office matter, as he knows, but the points he has made will have reverberated not just in this Chamber but, I am sure, all the way down the road to Marsham Street.
(2 years ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
May I say that that was dextrously done by the shadow Leader of the House? She makes valid points in her typically reasonable and measured tone. She is right to highlight that this was an extremely complex and emotive case. Again, I hope she will forgive me for not straying into commenting on the judgment or the decision taken in this case. There is a legal framework for safe abortions, which is set out in the Abortion Act 1967. It set out the conditions under which abortion is legal and is available.
On the hon. Lady’s comments about the CPS, I gently say that in considering any decision it has to look at both the evidential test and the public interest test. However, the CPS is independent and it makes those decisions; again, it would not be appropriate for a Minister to comment on CPS charging decisions. Similarly, the Sentencing Council is independent, and it determines what to review and how to review it. I suspect that it will have heard her comments, but, again, it would be inappropriate for me to seek to direct the Sentencing Council, given its independent function.
Like the right hon. Member for Kingston upon Hull North, the hon. Lady mentioned that there is a difference in the frameworks in Northern Ireland and in England and Wales. The House was cognisant of that difference when it chose to make that decision, and that decision must be respected. As for any future decisions made by this House, I simply reiterate that were the House to seek to change the law and come up with a different framework, the Government would of course work to implement the will of the House.
When the House debated whether it should be possible to receive an abortion pill through the post, we warned that there might be a tragic case such as this. Some people in the abortion industry are now using this tragic case to argue for some sort of legal right to abortion up to birth. Given that many babies are surviving at 24 weeks, that is an obscene and cruel proposal. Surely the solution, given that it is difficult to determine gestation without an in-person appointment, is to return to the system of in-person appointments, so that women can receive safe, legal abortions if they wish.
(2 years, 6 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Sir Graham. I apologise that I cannot stay until the end of this debate, but I have to chair a meeting upstairs.
MPs who want even wider laws on abortion recently hijacked the Government’s Public Order Bill in an attempt to introduce buffer or censorship zones, the aim of which is to restrict the fundamental freedoms of speech and expression. They are against people’s human rights and would deny and criminalise those volunteers who offer support to women going to abortion clinics who do not really want to have an abortion but are forced to, perhaps by abusive partners.
Now, many of the same MPs are seeking to hijack the Government’s Bill of Rights, also on the issue of abortion. The Government are introducing the Bill of Rights as they seek to remedy one of the worst mistakes made by previous Governments—namely, that on the undemocratic reach of European human rights laws. The Bill of Rights is intended to deal with situations such as illegal cross-channel migrants using human rights laws to evade justice, or terrorists hiding behind laws that were never meant to shield them from justice and scrutiny in the way that they have.
The Bill, which was in the manifesto that I and my Conservative colleagues stood on in 2019, will give supremacy to the UK Supreme Court—that is all it does—and make it explicit that courts in this country can disregard rulings from the European Court of Human Rights. By the way, those who favour more abortion should note that actually, whatever may be the letter of the law, in practice we have some of the most liberal abortion rights in Europe. I wonder just how many of those people would like to be under the control of the European Court of Human Rights, when many other countries in Europe have far more restrictive abortion laws. I think they may be shooting themselves in the foot.
For many women it is not about what happens anywhere else in the world. It is about protecting not a right for us personally—because I do not think that many of us would have an abortion—but the ability of other women, young women, to make that decision if necessary and if they feel it is right. The problem with a Bill of Rights Bill that does not include the right to an abortion is that those women are excluded from having that right.
The hon. Lady mentions a worry about what is happening in the rest of the world. We have heard a lot about the United States of America, but we are in an entirely different situation here: if anybody wants to change the effective right to abortion, they have to come to Parliament. Parliament is supreme in this matter, so I am not sure that women need to worry about what is happening in the United States. There is no way in which I or anybody else, or anybody in any court of law in this country, can restrict their effective right to abortion—a Bill has to go through Parliament.
It is disappointing that there are Members of this House, including even those who do not support the intentions behind the Bill of Rights, who see it as yet another opportunity to hijack flagship Government legislation to further weaken the few laws and safeguards that exist in the governance of abortion. It is up to Members of this House to vote to change the law on abortion, which we have a perfect right to do. Those of us who think the sheer scale of abortions represents a failure in how we treat women and how we value life at least know that the law was made by Parliament and so can be changed by Parliament. By making abortion a “right”, in contrast, the present laws would likely be enshrined, and so would be beyond correcting even when plainly needed.
Let me give one widely accepted example. The law was changed in 1990 because the previous limit of 28 weeks was considered too late a limit, given that the science on viability had changed. Now, science shows that babies can survive at 22 weeks or earlier, and there are a lot of people who believe that the present limit of 24 weeks is therefore too high. It is possible for an abortion to be taking place in one ward of a hospital while, in the next ward, huge amounts of public resources are quite rightly being used to save a baby of 22 weeks’ gestation. However, if a right were enshrined, the necessary change to stop the practice of late-term abortions would likely not be possible.
A very interesting point has also been made by my hon. Friend the Member for Bolton West (Chris Green) about gender selection. How would that issue be dealt with by Parliament through a Bill of Rights? The trouble is that we cannot frame legislation to cover every eventuality in a Bill of Rights. It is much better that Parliament considers every practice, every change of a law, and every advance of science on its merits.
Does the right hon. Gentleman agree that the hijacking of Bills just makes bad law? In Northern Ireland, we have seen just that: the law has been hijacked, and we have seen a change from life-affirming laws that the people of Northern Ireland support to some of the most liberal abortion laws in all of Europe.
I agree with the hon. Lady. It is a very dangerous parliamentary and legal practice for anyone to try to achieve their aims by piggybacking them on a Bill that is designed to deal with a completely different eventuality.
As we know, the law as it stands effectively allows abortion on demand. We have a record 200,000-plus abortions per year in this country—perhaps one in four pregnancies. That is beyond doubt, and in reality every woman who wants to have an abortion can attain one. We do not need to include it in a Bill of Rights; instead, we need to look at how the state has failed so many women that they feel abortion is the only option available to them, and to look at alternative modes of support. There is no real appetite to make abortion a right, aside from a vocal minority and various lobby groups, including the abortion providers themselves.
A right to abortion would be a very strange thing indeed. It would be the only right that we would regret using, and the only right that we would, ideally, actively seek to minimise. Nobody thinks that abortion is a good thing and wants more abortions—they may think it is necessary in certain circumstances, but it is not the sort of right that we want to extend. That stands in contrast to other fundamental rights that we do not seek to minimise, including freedom of speech, freedom of association and the right to privacy, to name a few. We cherish and value those rights and want to enframe them in a Bill of Rights. I hope that colleagues who want to drag this Bill to a very different place rethink their plans.
The right hon. Gentleman is being very generous in giving way. Could he clarify something for me? He talks passionately about the human right of freedom of speech, and I agree with him; I feel very strongly about defending it, and I notice that this Bill of Rights talks about protecting that right from interference. Can he explain how that is different from interfering in somebody’s womb, which is what the human right to have an abortion would address? Why is it that this legislation is right to protect one right, but not to protect another right? Why is it right that this legislation would bring in judges and give direction to courts on one issue, but not another issue?
That is an interesting point, but is the freedom to have an abortion at 24 weeks rather than 22 weeks the kind of fundamental right that we believe should be protected in a Bill of Rights? This is a matter for argument. A Bill of Rights is an unbelievably blunt instrument to deal with this particularly sensitive issue. I say to the hon. Lady that if any of us are dissatisfied with this law—and there are probably more Government Members than Opposition Members who are dissatisfied with the present law—we at least have to come to Parliament and convince our colleagues to change the law. I do not believe, and nor do many other people, that the Bill of Rights is the right way to do it.
The hon. Gentleman suggests that difficult cases are the unique preserve of abortion provision; there are difficult cases when it comes to freedom of speech and people’s motivation. What I do recognise is that right now there are women on trial for having a miscarriage or potentially being accused of seeking an abortion perhaps when they were further along in their pregnancy than they realised, and it is not right to see these cases as criminal matters when we are talking about a healthcare provision, in which case what we need to do is set out an alternative foundation for the law.
Many of us recognise that the Bill of Rights is not a good piece of legislation and that the things that it does will not achieve the outcomes that the Government hope for. However, it opens the door to a conversation about what rights women in this country should have. If the Government are determined that nobody from Europe should interfere with somebody’s freedom of speech, why do they deny the role of protecting women’s wombs from being interfered with and why not let women choose for themselves whether or not to have an abortion?
We would not be unique in making that choice; countless nations around the world already do it. Indeed, in the current criminal basis for abortion access, we are behind other countries such as Russia, Australia, South Africa, Vietnam, Germany and Argentina. Countries such as Canada have explicitly classified abortion as a human right; lawmakers in France have just agreed to write it into their constitution. Belgium, Denmark and Sweden are also considering constitutional amendments—
I will just finish my sentence, if I may. I am desperate to hear what the right hon. Gentleman has to say, but I want to be very clear that this is a debate that is happening around the world.
Roe v. Wade was the spark that reaffirmed that that fire needed to burn, because many of us have known that, even though we have access to abortion in this country, that access is not secure; it can be challenged. Indeed, I have spent 12 years in this place listening to people chipping away at that access and using the fact that abortion is not a legal right to do so.
The right hon. Member for Gainsborough (Sir Edward Leigh) and I are on different sides of this debate. I would love to hear why he believes he has a right to choose for a woman what happens to her body.
I would quite like to ask my own question, if the hon. Lady will forgive me. If the right to abortion is so restrictive in this country, why do we have one of the highest abortion rates in the world?
I did not say that it was restrictive; I said that it was patchy, because it is patchy. What we understand is that those who live in rural areas find it much harder to find the two doctors required to secure an abortion, and that is one of the reasons why many of us have fought for telemedicine to help with that process and to ensure that during the pandemic women’s rights were not left behind.
The right hon. Gentleman misses a fundamental point—a woman should be able to choose what happens to her body. If we have a Bill of Rights, surely it sets out those most fundamental basic rights.
(2 years, 7 months ago)
Commons ChamberThe court backlog is an important issue. As part of the deal done with the Criminal Bar Association, we are looking at giving better funding for cross-examination under section 28 of the Youth Justice and Criminal Evidence Act 1999 for victims of serious sexual violence, but the hon. Gentleman will know that the Government have put in place a catalogue of measures to tackle the backlog in the Crown court. We want to get on top of the backlog; we were getting on top of it until the Bar strike took place, and thanks to the deal that has been struck, we are now optimistic that it will start to come down.
We believe that our proposals to process people in Rwanda are compliant with not only the UN convention on refugees, but the European convention on human rights. We believe that our proposals are within not just international law but national law. There is nothing in those laws that prevent us from carrying out the policy we are proposing.