Give women ‘right to abortion’, expert group review says

Women should be given the “right to an abortion”, with ministers and health boards having a duty to provide services, the Scottish Government has been told.

The abortion law expert group – chaired by Professor Anna Glasier – published its final report on Friday following its review of the existing legislation.

The 165-page document – commissioned by former first minister Humza Yousaf – recommended a number of changes to the existing law.

New updated legislation should scrap the requirement for two doctors to sign off on an abortion before 24 weeks, with medical backing only needed after that point, the group said.

Two licensed medical professionals should be allowed to decide, the group said, taking into account the age of the foetus, the medical situation of mother and baby, and the “physical, psychological and social circumstances” facing the woman.

The report also recommended a “right to abortion” be enshrined in law.

“The Scottish Government should include a duty to provide abortion services – or a ‘right to abortion’ – with said duty being on Scottish ministers and health boards,” the group concluded.

Common law offences criminalising abortion should be repealed, the group concluded.

Current offences for health workers who breach abortion legislation should be repealed, the group added, with the Government urged to consider if current laws would be sufficient, or creating an offence where the maximum sentence would be a fine.

Women’s health minister Jenni Minto said the recommendations were one part of a wider review of existing legislation.

“I thank Professor Glasier and all the members of the expert group for their work and for their robust consideration of current clinical practice and research,” she said.

“I also welcome the time they have taken to consider a broad range of views from stakeholders across Scotland.

“It is right that we continue to ensure that abortion is treated as a healthcare matter and that women are supported to access safe and timely abortion services.

“The recommendations within the report represent the views of the expert group – it is only one part of this review process and the Scottish Government will now begin its own period of evidence-gathering and engagement with a range of stakeholders.

“We will take time to carefully consider all the findings and respond in due course.”

Prof Glasier said: “The group worked incredibly hard and benefited greatly from the input and expertise of a wide range of stakeholders to develop evidence-based, balanced recommendations.

“The report demonstrates the group’s view that it is time for an abortion law that reflects the reality of current clinical practice where abortions are safely provided in the best interests of women.

“It is now for the Scottish Government to consider these recommendations and carry out the further engagement required to come to a decision on legislative proposals. I look forward to hearing the Government’s views in due course.”

Opponents have criticised the report, with Joanna Timm, senior public affairs officer at the Christian Institute, saying evidence was not taken from a “wide range of stakeholders”.

She said: “The proposal to allow doctors to approve abortions after 24 weeks on the vaguest of grounds is especially alarming.

“The group’s conscious refusal to act on sex-selective abortion, which undoubtedly terminates more girls than boys, is shocking.

“The group also recommends downgrading the criminal law for healthcare professionals who perform illegal abortions in favour of a politicised system of prosecution which depends on the personal stance of the Attorney General.

“The public does not agree with these extreme agendas. The report’s recommendations are reckless and must be rejected.”