Emotionally-charged abortion debate begins

Friday 19 June 2020

With every month that passes, more women are having to make life-changing decisions on whether or not to have abortions "in a matter of days", HSC member Emilie McSwiggan told the States as Deputies rejected an attempt to delay a decision on reforming the Abortion Law until September next year.

Debate opened yesterday on Health & Social Care's proposals to reform Guernsey's current legislation, which has been in place since 1997.

HSC's proposals, which can be read in full HERE, include increasing the threshold for Category D abortions from 12 to 24 weeks, removing the 24 week time limit on Category C abortions, when the fetus has been found to have significant abnormalities, and decriminalising a woman ending or attempting to end her own pregnancy. 

Enraged by comments that the States could afford to "wait a few months" while further consultation about HSC's proposals is carried out, Deputy McSwiggan sought to put that time into context in her closing speech against the sursis. 

"Any pregnancy is just a few months," she said. "In the course of even HSC declaring it was going to start work on these proposals to the point of bringing them to the assembly, there are young women and women of all ages who have had to make life-changing decisions and have had life-changing experiences as a result of having to make a decision about having an abortion within a timeframe that forced them to make certain decisions that they perhaps would not otherwise have made."

This is especially true for Category D abortions, she said, where fetal abnormalities are often only detected and confirmed via ultrasound between 18-22 weeks. 

"Women are forced to act in matter of days in the news they have received," she said. "Buying women more time to think, reflect and talk to others, can result in outcomes in both directions and allow women to get the support they need in making that decision." 

Pictured: Deputies Jonathan Le Tocq and Jane Stephens led the sursis against HSC's proposals. 

Deputy Jane Stephens led the sursis, which called for a "broader and more inclusive public consultation" on any revisions to the law and research into any challenges on the disability, with a designated working party bringing back proposals to the States by September 2021.  

She said there had been minimal response to HSC's initial call for feedback, and that the 300 or so responses that have come from members of the public since have not influenced HSC's thinking for the very reason that they came after HSC published its proposals. 

She put the responsibility for this late engagement at HSC's door. 

"They say it has been around for months and that is true, they have had time to do more," she said. 

Sad we’re getting lobbied to delay abortion debate on basis not enough time to consider. It’s been 3 months since we published our policy letter. In the meantime the States have approved significant regs re COVID & we are going to be debating a recovery plan after a week’s notice

— Heidi Soulsby #ReviveandThrive (@HeidiSoulsby) June 17, 2020

Both Deputy Stephens and her seconder, Deputy Jonathan Le Tocq, pointed to misunderstandings of the current proposals as a result of that perceived lack of consultation. 

"After 14 weeks, [if the threshold for Category D is extended to 24] abortions will still have to take place in the UK, people will still have to travel and there has been a huge amount of misunderstanding about that. It is one example of where there is huge misunderstanding of what these proposals actually mean."

Deputy Barry Paint expressed a different view, saying that abortions are "horrific, barbaric and inhuman".

Deputy Andrea Dudley-Owen said HSC's approach to changing the law has not grappled with the "deep ethical implications" and, she alleged, reflects the committee’s view that abortion is “largely a medical matter”.

"Abortion is distinct in one special regard [from other medical matters] in that it involves the life of a human life apart from the woman," she said. "It’s not just about the woman it’s about the life developing inside the woman."

Deputy Matt Fallaize said he still had an open mind on the abortion debate, but felt that the sursis was the wrong way to go about it. 

"Kicking the can down the road may not be the intention, but it would be the effect." 

There was a contradiction, he said, from those who said in one breath that there had not been enough time and consultation to deal with the complexity of the proposals, and in another breath were prescribing their own abortion thresholds as amendments to HSC's proposals. 

He said the volume and breadth of submissions sent to Deputies ahead of debate was considerable and more than States members have received on many other high-profile matters. 

Pictured: A Past President of the Royal College of Obstetricians and Gynaecologists, Dame Lesley Regan, is one of the "many dozens" of people to write to Deputies expressing their views on updating the Abortion Law ahead of this week's debate. (Image supplied by Imperial College London.)

HSC President Heidi Soulsby said there are aspects of the current law that hit the most vulnerable and disadvantaged women the hardest. At present, HSC pointed to a two-tier system where people who can afford to pay can go to the UK to have an abortion after 12 weeks, while others cannot.

"There is often a presumption that the timing of an abortion is always within the control of a woman and that later abortions could be avoided, but there are many reasons, in addition to the current legal barriers, that can prevent women from accessing abortion services early on.

"A sudden change in circumstances, such as the death of a family member or relationship breakdown, may influence a woman’s decision as to whether she can continue with a pregnancy, even if the pregnancy had been planned.

"Poor health, whether through sudden onset, gradual deterioration or an exacerbation of symptoms due to pregnancy may also influence a woman’s decision as to whether she can continue with her pregnancy or not."

The States voted marginally against the sursis, which means that debate continues today on HSC's proposals and the many amendment that have been placed. The voting on the sursis can be found HERE. 

Pictured top: Deputy Emilie McSwiggan.