MANY Scots may be surprised to discover that abortion in Scotland is still a crime - because the law hasn’t been updated since the 1960s.
The National's campaign Give Us Space is calling for the speedy introduction of safe access zones, also known as buffer zones, outside of abortion clinics and hospitals after an increase in pro-life protesters harassing and intimidating women.
On the final day of the campaign, we want to focus on what access women in Scotland have to abortion provisions, as well as what campaigners hope will come after buffer zones are in place.
We spoke to Dr Lyndsey Mitchell from Abortion Rights Scotland to set out the existing provisions, and what campaigners hope decriminalisation could look like.
READ MORE: Give Us Space: The National's campaign backing buffer zones
Why is abortion still a crime in Scotland?
The existing law, which currently applies to Scotland, England, and Wales, was passed in 1967 and still has the same provisions. Prior to this, abortion was a common law issue.
The Abortion Act 1967 was introduced as a private members bill by Scottish LibDem MP David Steel and faced opposition from Conservative Scottish MPs as it made its way through the UK Parliament.
It was introduced to render certain activities in the Offences Against the Persons Act 1861 legal. The legislation made it a crime for a woman to “procure a miscarriage” or for another person to help her do so.
The 1960s law, while allowing for abortion to take place, did so in very limited circumstances. There were numerous attempts to change abortion law through Commons private members’ bills in the 70s, 80s, and 90s, but all failed.
“Because abortion remains a crime there's a very onerous legal regime in place,” Mitchell explained.
“So if you need an abortion it has to adhere to procedures set down in 1967.
“The 1967 law simply created a set of circumstances that are exemptions to the wider criminal system.
“Also, there is no automatic right to an abortion, abortion on demand, in Scotland, like there is in some countries.”
What are the requirements to be granted an abortion in Scotland?
“Ultimately the law requires two doctors to sign off and agree that you can have an abortion and fit the very narrow grounds set out in law 1967,” Mitchell explained.
The two medical professionals can provide a legal abortion if, in “good faith”, a number of requirements are met.
This includes that the pregnancy has not exceeded its 24th week, and continuing the pregnancy would involve a greater risk of injury to the physical or mental health of the pregnant woman, than if the pregnancy were terminated.
It can also be granted if doctors find the termination is necessary to prevent “grave permanent injury” to the physical and mental health of the pregnant woman, or if it would risk her life.
And, if there is a substantial risk the child would be born with physical or mental abnormalities which would leave them “seriously handicapped”.
Mitchell added: “There are no other medical procedures as far as we’re aware, where those needing health care would have to gain the permission of two doctors to do this.
“In reality, abortion care in Scotland is provided by the NHS and there is generally good coverage. Many doctors are happy to provide reproductive health care.”
READ MORE: Who are 40 Days for Life and what does pro-life mean?
However, Mitchell warned, abortion care can vary between urban and rural communities. While doctors in cities are more likely to be involved in abortion care regularly, rural health care providers might not.
Doctors are still allowed to conscientiously object to providing abortion care, however, they are required to refer the patient to another.
When was abortion law devolved to the Scottish parliament?
Under Section 53 of the Scotland Act 2016, abortion law was devolved to Scotland, but has remained in the same form since then.
Asked why she believes reforms haven’t been made to abortion law since it was devolved, Mitchell said: “Our position along with a lot of international human rights organisations is that abortion is healthcare and procedures should be decided on medical evidence.
READ MORE: 'Evil and vindictive': MSP reveals abuse from anti-abortion activists
“However, that's not historically how politicians in the UK have approached abortion.
“There remains a stigma around talking about abortion in politics. That needs to change. “Especially when there is so much movement internationally on recognising abortion care as healthcare.”
During the pandemic, weren’t women allowed to take the “abortion pill” at home?
Yes, there are two types of abortion, medical and surgical.
“Prior to the pandemic, doctors could not simply prescribe abortion pills for women to take home,” Mitchell said. “The Scottish Government temporarily lessened that restriction and allowed women to take both pills at home.
“All the evidence suggests this process, known as telemedical abortion, is safer and welcomed by patients. The scientific evidence says this is better, safer, and quicker.”
Mitchell pointed out that there are no other medical procedures where the public are consulted on best practice.
“Especially when the scientific evidence is conclusive,” she added.
What would decriminalisation look like?
There are various views and discussions around what decriminalisation would look like, but essentially it would remove any form of criminality from a woman seeking a termination.
Mitchell says the whole system needs to be “overhauled”, but noted that the focus was currently on securing the legislation for buffer zones.
READ MORE: What are buffer zones and when will they be introduced in Scotland?
“There are various views on this,” Mitchell said, “but for full decriminalisation, you would need to amend the common law, which criminalises abortion in Scotland.
“This would also likely go together with the repeal of the 1967 Act, which would remove the requirement for two doctors’ signatures, and allow abortion to be regulated like any other piece of healthcare.
“To be clear, decriminalisation doesn’t mean deregulation, it’s simply the removal of the threat of criminality for women.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel