The Right to Choose

Published on Sunday 23 September 2007 00:04

FIRST Minister Alex Salmond has called for a national debate on handing powers over abortion law in Scotland from Westminster to Holyrood.

The First Minister - who personally supports a reduction in the abortion time limit from 24 weeks to 20 weeks - says his "national conversation" about Scotland's constitutional future should include a review of the laws on terminations.

Control over abortion law north of the Border was controversially retained by Westminster when the Holyrood Parliament was set up. UK ministers argued that the same laws should be applied in England and Scotland.

But now Salmond has openly declared he wants to see renewed discussions about where the power should lie. The First Minister has ruled out the SNP Government pressing ahead with reform, insisting he does not want to create an "arm wrestle" with Westminster over such a controversial issue.

Aides have made it clear they would not start moves for change until there was a cross-party consensus.

But the SNP says that if they and other parties can agree, an independent commission should be set up in Scotland to consider the law, and whether it should be devolved.

A spokesman for Salmond said: "His personal view, which [public health minister] Shona Robison first advanced before the election, is that an expert commission would be the best way to examine the issue.

"A commission would also reflect the consensual approach we are taking to Government, developing the debate about the powers of the Parliament on different issues within the national conversation."

Last night the Liberal Democrats indicated they also supported discussions about devolving the abortion laws to Scotland.

A party spokesman said: "Given all the discussion about more powers that are ongoing, I am sure abortion could be part of that."

The moves come as the bitterly controversial issue of abortion is set to return to the political agenda when the Human Tissue and Embryos Bill is discussed at Westminster.

Pro-abortion groups are calling for the abolition of the law which compels women wanting an abortion to have the approval of two doctors. Anti-abortion groups, meanwhile, want to see the age limit for abortions reduced.

In Scotland, the number of abortions soared to a record 13,081 in 2006, compared with 12,603 in 2005. The latest Scottish Government figures show 62 women had terminations between 20 and 24 weeks into their pregnancies last year, up from 46 in 2001, a rise of 35%.

Salmond has previously explained he backs a lower age limit following advances in medical science which have reduced the age at which a foetus is 'viable'.

He told Scotland on Sunday: "My own position on abortion, which I believe must be an issue of conscience for members of Parliament, is that I would probably vote to tighten the time limit in accordance with recent advances in medical science.

"I believe the issue should be kept well away from party politics, and, indeed, party instruction. Shona's suggestion to have an independent commission is a sensible and constructive possible way forward."

His spokesman added: "Alex was at Westminster the last two times abortion was addressed, and was very disappointed by the chaotic and ill-informed nature of much of the debate, based on a series of amendments, and the conclusion did not necessarily reflect what people were trying to vote for. A more studied view would be a better way forward."

The move last night immediately raised claims that Salmond was acting under 'pressure' from religious leaders. Salmond met Catholic leader Cardinal Keith O'Brien and discussed the issue over the summer.

He is also close to party donor Brian Souter, the tycoon who led the campaign to keep Section 28, the law banning the promotion of homosexuality, and bankrolled the SNP's election victory earlier this year.

Professor Bernard Crick, an honorary fellow of Edinburgh University's politics department, said: "In proposing an independent commission, I suspect that the SNP are playing for time because of pressure from the cardinal."

However, Salmond said he is highlighting what he sees as the constitutional anomaly of Britain's abortion laws, pointing to how, in the 1970s, political leaders had envisaged that abortion would be controlled by a Scottish Parliament.

In an interview with the Scottish Catholic Observer this summer, he said: "Abortion is one of the issues - the only issue I can think of - which was in the legislation of '79, but not '97."

A spokesman for the Scottish Conservatives did not rule out keeping abortion in Westminster last night, saying the party wanted to see a general discussion about the future powers of the Scottish Parliament, without separating individual issues such as abortion.

A spokesman for the Scotland Office said: "The Government takes the view that it would be wrong for different policies to apply north and south of the Border and that the balance of the argument favours consistency on this sensitive issue."