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| Version 1 | Version 2 |
|---|---|
| Judge throws out challenge to Scots abortion pill move | Judge throws out challenge to Scots abortion pill move |
| (about 1 hour later) | |
| Scottish women will still be allowed to take abortion pills at home after a legal challenge against the move was thrown out. | Scottish women will still be allowed to take abortion pills at home after a legal challenge against the move was thrown out. |
| Scotland became the first part of the UK to let women take the drug misoprostol at home last year. | Scotland became the first part of the UK to let women take the drug misoprostol at home last year. |
| The Society for the Protection of Unborn Children (SPUC) challenged the decision at the Court of Session. | The Society for the Protection of Unborn Children (SPUC) challenged the decision at the Court of Session. |
| However, judge Lady Wise has now ruled that the Scottish government's move was "not unlawful". | However, judge Lady Wise has now ruled that the Scottish government's move was "not unlawful". |
| SPUC said it was "extremely disappointed" with the decision and that it would appeal against the ruling. | SPUC said it was "extremely disappointed" with the decision and that it would appeal against the ruling. |
| The vast majority of abortions in Scotland take place at less than nine weeks gestation, and are medical rather than surgical procedures. | The vast majority of abortions in Scotland take place at less than nine weeks gestation, and are medical rather than surgical procedures. |
| The medical treatment involves taking two different drugs - first misfepristone, which blocks hormones which maintain the pregnancy, and then misoprostol, which can be taken on the same or following days. | The medical treatment involves taking two different drugs - first misfepristone, which blocks hormones which maintain the pregnancy, and then misoprostol, which can be taken on the same or following days. |
| Within an hour of taking the second tablet, women often experience heavy bleeding - usually on the way home from the clinic. | Within an hour of taking the second tablet, women often experience heavy bleeding - usually on the way home from the clinic. |
| Scottish ministers moved to let women take misoprostol at home, saying this would allow them to be "in control of their treatment and as comfortable as possible during this procedure". | Scottish ministers moved to let women take misoprostol at home, saying this would allow them to be "in control of their treatment and as comfortable as possible during this procedure". |
| This already happens in other countries such as France and Sweden, and the British Pregnancy Advisory Service has been lobbying for the law in the UK to be changed. | This already happens in other countries such as France and Sweden, and the British Pregnancy Advisory Service has been lobbying for the law in the UK to be changed. |
| Court ruling | Court ruling |
| However, pro-life group SPUC challenged the decision in Scotland's highest court, arguing that such a move contravenes the 1967 Abortion Act. | However, pro-life group SPUC challenged the decision in Scotland's highest court, arguing that such a move contravenes the 1967 Abortion Act. |
| It said abortions could only legally be carried out in a medical facility, and argued that allowing women to take the tablet at home could put their health at risk. | It said abortions could only legally be carried out in a medical facility, and argued that allowing women to take the tablet at home could put their health at risk. |
| However, Lady Wise rejected this, saying: "It seems to me that patients who self-administer medication at home may still be described as being treated by their medical practitioner, who remains in charge of that treatment." | However, Lady Wise rejected this, saying: "It seems to me that patients who self-administer medication at home may still be described as being treated by their medical practitioner, who remains in charge of that treatment." |
| Drawing an example to diabetics injecting themselves with insulin, she added: "Regardless of place, there is no need for a doctor to hand the medication to the woman personally." | Drawing an example to diabetics injecting themselves with insulin, she added: "Regardless of place, there is no need for a doctor to hand the medication to the woman personally." |
| 'Extremely disappointed' | |
| Dismissing the challenge, the judge wrote: "I have concluded that the decision of the respondents to approve a woman's home as a place where one stage of the termination of pregnancy can be carried out is not unlawful on either of the grounds contended for by the petitioner." | Dismissing the challenge, the judge wrote: "I have concluded that the decision of the respondents to approve a woman's home as a place where one stage of the termination of pregnancy can be carried out is not unlawful on either of the grounds contended for by the petitioner." |
| John Deighan, chief executive of SPUC Scotland, said he was "extremely disappointed" with the verdict. | John Deighan, chief executive of SPUC Scotland, said he was "extremely disappointed" with the verdict. |
| He said: "We maintain the belief that our arguments convincingly exposed the unlawfulness of the actions taken by the Scottish government, which are in contravention of the law. | He said: "We maintain the belief that our arguments convincingly exposed the unlawfulness of the actions taken by the Scottish government, which are in contravention of the law. |
| "We will give thorough consideration of the judgement but at the forefront of our thoughts is the expectation that we will appeal the decision." | "We will give thorough consideration of the judgement but at the forefront of our thoughts is the expectation that we will appeal the decision." |
| 'Distress and embarrassment' | 'Distress and embarrassment' |
| Prof Lesley Regan, president of the Royal College of Obstetricians and Gynaecologists, said the decision marked "a very significant step forward". | Prof Lesley Regan, president of the Royal College of Obstetricians and Gynaecologists, said the decision marked "a very significant step forward". |
| She urged UK Health Secretary Matt Hancock to replicate the move south of the border, saying he should "extend the same dignity and compassion to women in England". | She urged UK Health Secretary Matt Hancock to replicate the move south of the border, saying he should "extend the same dignity and compassion to women in England". |
| She said: "It will allow women to avoid the distress and embarrassment of bleeding and pain during their journey home from an unnecessary second visit to a clinic or hospital. | She said: "It will allow women to avoid the distress and embarrassment of bleeding and pain during their journey home from an unnecessary second visit to a clinic or hospital. |
| "Ultimately, it will help to improve women's access to safe and regulated abortion care and take pressure off NHS services." | "Ultimately, it will help to improve women's access to safe and regulated abortion care and take pressure off NHS services." |