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Devolving abortion a chance to reframe Scottish law, campaigners say Devolving abortion a chance to reframe Scottish law, campaigners say
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Women’s groups in Scotland believe devolving abortion could be a chance to “completely reframe” legislation north of the border, despite concerns about the way Westminster is rushing through the transfer of such a contested power. Women’s groups in Scotland believe devolving abortion law could be a chance to “completely reframe” the legislation north of the border, despite concerns about the way Westminster is rushing through the transfer of such a contested power.
The Scottish first minister, Nicola Sturgeon, said the SNP government had no plans to amend current abortion law as soon as the Scottish secretary, David Mundell, announced the move as part of the Scotland bill, which reaches its final stage in the Commons on Monday. Scotland allows for terminations in certain circumstances up to 24 weeks. When the Scottish secretary, David Mundell, announced the move as part of the Scotland bill, which reached its final stage in the Commons on Monday, Nicola Sturgeon, the first minister, said the SNP government had no plans to amend the current law, which allows for terminations in certain circumstances up to 24 weeks.
Related: Anti-abortion MPs propose giving Scotland power to set own laws But many pro-choice campaigners say privately that there is an opportunity for “permanent and progressive” change, including the removal of the requirement for two doctors’ signatures before a termination and, potentially, complete decriminalisation.
But many pro-choice campaigners say privatelythere is an opportunity for “permanent and progressive” change, including the removal of the requirement for two doctors’ signatures before a termination and, potentially, complete decriminalisation.
They are also keen to counter assumptions that Scottish social attitudes, influenced by strong religious traditions, are more anti-choice than elsewhere in the UK.They are also keen to counter assumptions that Scottish social attitudes, influenced by strong religious traditions, are more anti-choice than elsewhere in the UK.
Naomi McAuliffe, Scotland director for Amnesty International, pointed to recent opinion polling for her organisation that found attitudes to abortion in Scotland are no more repressive, and sometimes more progressive, than in England and Wales. Naomi McAuliffe, Scotland director for Amnesty International, pointed to recent opinion polling for her organisation which found that attitudes towards abortion in Scotland were no more repressive, and sometimes more progressive, than in England and Wales.
She said: “From conversations we have had with MSPs we are again not concerned in principle, although we would like to brief them on the tactics used by anti-choice groups. One thing we will be monitoring very closely are the activities of these mainly US-funded groups in Scotland because we have recently seen an upswing in their aggressive and intimidating campaigning in the rest of the UK.”She said: “From conversations we have had with MSPs we are again not concerned in principle, although we would like to brief them on the tactics used by anti-choice groups. One thing we will be monitoring very closely are the activities of these mainly US-funded groups in Scotland because we have recently seen an upswing in their aggressive and intimidating campaigning in the rest of the UK.”
McAuliffe added: “We do have the opportunity now to completely reframe abortion law in a more permanent and progressive way so that we don’t have to constantly fight to defend provision as we do now. That will also allow us to move on from this constant debate that is manufactured by a tiny proportion of the population.”McAuliffe added: “We do have the opportunity now to completely reframe abortion law in a more permanent and progressive way so that we don’t have to constantly fight to defend provision as we do now. That will also allow us to move on from this constant debate that is manufactured by a tiny proportion of the population.”
Last year, the Smith commission on devolution for Scotland – which formed the basis of the Scotland bill – said further serious consideration should be given to handing over responsibility for abortion laws. Related: Anti-abortion MPs propose giving Scotland power to set own laws
An amendment to devolve abortion was initially proposed by a group of backbench MPs who publicly oppose abortion before David Mundell announced a similar government measure in October, prompting criticism from Scottish Labour’s equalities spokeswoman, Jenny Marra, for taking the decision “behind closed doors without any consultation with women’s groups across Scotland”. Last year the Smith commission on devolution for Scotland, whose recommendations formed the basis of the Scotland bill, said further serious consideration should be given to handing over responsibility for abortion laws.
Earlier this year, representatives of organisations including Scottish Women’s Aid, Amnesty International and the Human Rights Consortium Scotland signed a statement to MPs urging them not to change current legislation on the basis that Smith’s recommended consultation had not happened and that there was a risk of anti-abortion groups exploiting cross-border differences. An amendment to devolve abortion was initially proposed by a group of backbench MPs who publicly oppose abortion, before Mundell announced a similar government measure in October. Scottish Labour’s equalities spokeswoman, Jenny Marra, complained that the decision had been taken “behind closed doors without any consultation with women’s groups across Scotland”.
This year representatives of organisations including Scottish Women’s Aid, Amnesty International and the Human Rights Consortium Scotland signed a letter to MPs urging them not to change current legislation on the basis that Smith’s recommended consultation had not happened and that there was a risk of anti-abortion groups exploiting cross-border differences.
Emma Ritch, executive director of Engender, who led the signing of the letter, said: “Our members have different views on whether abortion should be devolved, but we do see the possibility for a more progressive law in Scotland. If abortion is devolved, as seems likely, then we will continue to work with other women’s, equalities and human rights organisations in Scotland to campaign for a law that enables women to access terminations when they need them.
“We have had concerns about the lack of consultation on devolution and the hasty progress of the Scotland bill that has crowded out women’s voices on this important issue. We hope that [the] Scottish government’s commitment to women’s equality, and its bold, world-leading approach to gender equality issues like ending violence against women, will be reflected in future discussions about abortion healthcare.”
Writing in the Observer at the weekend, the former Labour leadership candidate Yvette Cooper said devolution of abortion law “could open the door to a new round of intensive, targeted pressure for restrictions both north and south of the border, and the fragmentation of important healthcare rights, which won’t be good for women in Scotland or England and Wales”.
Related: Catholic midwives win right to object over abortion planning in ScotlandRelated: Catholic midwives win right to object over abortion planning in Scotland
Emma Ritch, executive director of Engender who led the signing of the statement, is cautiously optimistic. She said: “Our members have different views on whether abortion should be devolved, but we do see the possibility for a more progressive law in Scotland. If abortion is devolved, as seems likely, then we will continue to work with other women’s, equalities, and human rights organisations in Scotland to campaign for a law that enables women to access terminations when they need them. Carolyn Leckie, an MSP, former midwife and campaigner for Women for Independence, described Cooper’s stance as “extremely patronising”. Leckie said the surge in political engagement, particularly among women, brought about by last year’s independence referendum campaign would boost any forthcoming drive to extend abortion rights in Scotland.
“We have had concerns about the lack of consultation on devolution and the hasty progress of the Scotland bill that has crowded out women’s voices on this important issue. We hope that [the] Scottish government’s commitment to women’s equality, and its bold world-leading approach to gender equality issues like ending violence against women, will be reflected in future discussions about abortion healthcare.” “The activism generated by the referendum means that there are now thousands of women actively campaigning on women’s issues. There is a mood now that this is an opportunity to improve access and go on the offensive rather than defensive. In my view, we’ve been too defensive over abortion rights for too long,” she said.
Writing in the Observer at the weekend, former Labour leadership candidate Yvette Cooper warned that devolution of abortion “could open the door to a new round of intensive, targeted pressure for restrictions both north and south of the border, and the fragmentation of important healthcare rights, which won’t be good for women in Scotland or England and Wales”. Others campaigners have already used the expected devolution to push for change. Under close questioning from activists at the STUC women’s conference at the beginning of November, the Scottish health secretary, Shona Robison, assured delegates that the chief medical officer was investigating why provision for late-term abortions was so poor in Scotland. A recent study found that abortion for non-medical reasons was not usually accessible after 18-20 weeks.
Carolyn Leckie, an MSP, former midwife and campaigner for Women for Independence, described Cooper’s stance as “extremely patronising”. Leckie believes the surge in political engagement, particularly among women, brought about by last year’s independence referendum campaign will boost any forthcoming drive to extend abortion rights in Scotland.
“The activism generated by the referendum means that there are now thousands of women actively campaigning on women’s issues. There is a mood now that this is an opportunity to improve access and go on the offensive rather than defensive. In my view, we’ve been too defensive over abortion rights for too long.”
Others campaigners have already used the expected devolution to push for change. Under close questioning from activists at the STUC women’s conference at the beginning of November, the Scottish health secretary, Shona Robison, assured delegates that the chief medical officer was investigating why provision for late-term abortions is so poor in Scotland, with a recent study finding that abortion for non-medical reasons is not usually accessible after 18-20 weeks.
Ann Henderson, of Abortion Rights Scotland, argued that more needed to be done to ensure the Scottish government better enforces existing legislation.Ann Henderson, of Abortion Rights Scotland, argued that more needed to be done to ensure the Scottish government better enforces existing legislation.
There are also concerns about the lack of clarity regarding how abortion devolution will progress technically, and whether it will involve more than a “cut and paste” of the 1967 Abortion Act.There are also concerns about the lack of clarity regarding how abortion devolution will progress technically, and whether it will involve more than a “cut and paste” of the 1967 Abortion Act.
Henderson warns: “This opens up a space for discussion in Scotland, but on whose terms? We don’t want to put women at risk on create uncertainty.” Henderson said: “This opens up a space for discussion in Scotland, but on whose terms? We don’t want to put women at risk or create uncertainty.”