Scottish abortion law ‘not fit for purpose’, says expert group

Scotland’s abortion laws are “not fit for purpose”, according to a group of experts, who have called for legal recognition of a woman’s right to choose.

Currently, an abortion is only legal before 24 weeks when two doctors agree that certain grounds are met, such as a risk to the mother’s physical or mental health.

An independent report recommends that these grounds be dropped and that doctors’ consent be required only for late-term abortions after 24 weeks.

The Scottish Government said it would carefully consider the proposals and women would continue to receive support to access “safe and timely” services.

The Abortion Law Expert Group, chaired by Professor Anna Glasier, was commissioned by the Scottish Government to review the existing law.

He said the current system requiring approval from two doctors was “anachronistic, paternalistic and did not reflect modern best practice”.

He said: “The group unanimously agreed that Scotland’s current abortion law is not fit for purpose and that alternative models should be considered.

“A woman’s right to make her own decision about whether to continue or terminate a pregnancy should be legally recognized, and abortion should be available on request, at least within the limits of gestation.”

After 24 weeks, an abortion is only possible in very limited circumstances, for example to save the life of the mother or in the event of a fatal abnormality in the fetus.

The group said it considered clinical practice, international examples, academic research and a range of views from across Scotland.

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

“The report demonstrates the group’s view that it is time to pass abortion legislation that reflects the reality of current clinical practice, where abortions are performed safely in the best interests of women.”

Christian campaign group Care for Scotland urged ministers to reject the report’s “extreme proposals”.

Advocacy and policy director Caroline Ansell said: “If passed, we believe they would have heartbreaking consequences for women and babies, including exposing more women to the dangers and harms of late-term abortions. »

The Scottish Government said it would begin its own period of evidence gathering and “engagement with a range of stakeholders”.

Scottish Public Health Minister Jenni Minto said: “It is right that we continue to ensure that abortion is treated as a healthcare issue and that women are supported to access safe and timely abortion services.

“The recommendations contained in the report represent the views of the expert panel – they are only part of this review process.

“We will take the time to carefully review all findings and respond in a timely manner.”

This is an important report which could pave the way for a major change in the way abortion is viewed and administered in Scotland. But that change is unlikely to happen anytime soon, given how close the legislature is to the end.

Scottish ministers have a fairly clear view on the issue: they clearly talk about abortion as a health problem and not a criminal problem.

However, they will also need time to carry out their own evidence-gathering, and any changes would require primary legislation that would take months to pass through Parliament.

We’ll see if the promised response comes to fruition before Holyrood breaks up for the election – which, curiously, is in 24 weeks.

But in reality, what will tell us the most about the future of abortion care is what is in the party platforms for this poll – because it will be MPs in the next Scottish Parliament who ultimately make the decision.