Anti-abortion MPs propose giving Scotland power to set own laws

http://www.theguardian.com/uk-news/2015/jul/07/scotland-power-set-abortion-laws-devolution-proposal

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Scotland could get the power to set its own laws on abortion after the government indicated it was in favour of devolving the matter.

The idea is being pushed by a group of anti-abortion MPs who laid an amendment to the Scotland bill arguing for the transfer of competence over abortion to the Scottish parliament.

It is also supported by the Scottish National party on the grounds that it gives extra powers to Holyrood.

After a debate in the House of Commons, David Mundell, the Scotland secretary, said the government was still considering the issue but added that he saw no reason why the Scottish parliament should not be able to decide a question of such significance.

However, the move is opposed by Labour and a number of women’s groups, who fear that it would be an opportunity for anti-abortion groups to try to weaken termination laws north of the border.

A group of 17 individuals from organisations including Scottish Women’s Aid, Amnesty International and the Human Rights Consortium Scotland have signed a statement to MPs urging them not to meddle with the current legislation.

Related: Northern Irish woman launches legal bid to overturn abortion ban

It said: “We are already in the situation in the UK where different legal frameworks on abortion have resulted in a discriminatory impact against women and girls in Northern Ireland, for which the UK has been repeatedly criticised internationally.

“Our concern is that this strategy of hasty devolution is being used in order to argue for regressive measures and, in turn, a differential and discriminatory impact on women and girls in Scotland.”

Ian Murray, the shadow Scotland secretary, said Labour would oppose the devolution of further powers.

He said: “We believe a woman’s right to choose should be determined by robust medical evidence and not by where you live. There is no reason why a woman in Edinburgh should face a different experience to a woman in Exeter.

“Many would argue the system we currently have in place needs to be improved but this is best achieved within a UK framework and should be a debate separate from the constitution.”

The MPs who laid the amendment were Tory Fiona Bruce, Lib Dem John Pugh and Labour’s Robert Flello.

Pugh said the proposal was modest and rational as it had been recommended by the Smith commission.

He said: “A similar level of devolution is already available in Northern Ireland and gives the Scottish parliament the same rights as with regard to euthanasia and every other health matter.

“The Scottish parliament and Scottish politicians have proven themselves eminently capable of debating thorny, complex and controversial moral topics without acrimony, maturely, lucidly and in an evidence-based way. That was evident in the recent debate they had on euthanasia.

“I think we acknowledge that a Scottish life is worth no less than any other life, but regulating how and when life is terminated in Scotland can justifiably be done in my view in the Scottish parliament by a Scottish authority and is done throughout Europe differently by all nations.”

The SNP backed the proposal, with Stewart McDonald, one of its MPs, saying it would give Scotland the opportunity to strengthen a woman’s right to choose.

He said: “I can of course understand the concerns from the organisations who released the joint statement but I would also say that we’ve proven ourselves in Scotland, we’ve proven ourselves to understand the weight of these arguments and we’ve proven that we can indeed handle them in a sensitive fashion.

“It’s also been suggested that my friends in the SNP and I will be choosing between nationalism and feminism. I find that a false choice. I find it an offensive statement. It’s a reductionist analysis, it’s a crass comment.

“I want this power not just because I want all powers to come to Scotland but I want to improve and protect a woman’s right to choose and to access quality healthcare.”

Responding for the government, Mundell said it would not be right to accept the proposal just yet as the UK and Scottish governments were both considering the issue, but he raised no objection.

He said: “Discussions are at an early stage, and accepting this amendment would pre-empt those discussions, but as has been said a number of times in this debate, there is no reason why the Scottish parliament should not be able to decide an issue of this significance because it has demonstrated its ability to do so on numerous other significant issues.”