LISA MAITH, RCN Parliamentary Officer, reports on the passage of the HFE Bill through Parliament.

Update on HFE Bill for England, Scotland and Wales

The passage of the Human Fertilisation and Embryology (HFE) Bill has opened the doors to the abortion debate in Parliament. The abortion law has not been amended since 1990 and many have argued that there have been significant changes since this time which necessitate a review.

Ahead of the HFE Bill entering Parliament, the Commons Science and Technology Committee launched an inquiry into scientific developments relating to the Abortion Act 1967. Following consultation with RCN members who work in this clinical field, the RCN chose to respond to the committee’s inquiry.

The inquiry was completely focused on scientific developments and did not look at ethical or moral arguments. While the RCN acknowledges and respects those nurses who have a conscientious objection to providing abortion care, it is committed to providing support to nurses who work in abortion to provide safe and quality care. The response to this inquiry has informed the RCN’s position on abortion services.

The HFE Bill provides for revised and updated legislation on assisted reproduction and for changes to the regulation and licensing of embryo use in research and therapy. However, as the HFE Bill amends the 1990 Act, which in turn amended the law on abortion, it was ruled that abortion could be debated during the Bill.

Shifting the focus to abortion

Nonetheless, during the passage of the Bill through the Lords, peers agreed not to discuss abortion and to leave the issue to the Commons. On the whole this policy was maintained and the Bill passed through the Lords with little mention of abortion.

The picture was greatly different in the Commons. Some MPs and media were drawing attention to the issue of abortion months ahead of the debate. By the time the Bill reached committee stage in May, attention had almost completely focused on the issue of whether to reduce the time limit for abortions.

Some argued that scientific advances since 1990 had improved the viability of babies born at 22 weeks or lower. However, the RCN, in conjunction with the British Medical Association, Royal College of Obstetricians and Gynaecologists, British Association of Perinatal Medicine and the Faculty of Sexual and Reproductive Healthcare, was very clear that there was no evidence of a significant improvement in the survival of pre-term infants below 24 weeks’ gestation in the UK in the last 18 years. MPs voted to maintain the time limit at 24 weeks.

Modernising abortion law

As the Bill progresses towards report stage, attention has now focused on measures to modernise abortion law. Amendments have been tabled to remove the need for two doctors to agree that a woman can have an abortion, to allow nurses and midwives to perform medical and surgical abortions, and to ease the restriction on the locations where abortions can take place so that women have the choice of completing the second stage of early medical abortion at home.

The RCN has supported these amendments as we believe they help our members working in abortion services to provide the very highest standards of care possible for their patients and clients.

Debate at report stage is likely to be intense with many arguing that the amendments to modernise the law will be better for women as they will improve care and allow for earlier access. Others will argue that it will lead to abortions being too easy and thus an increase in the number of abortions taking place.

With summer recess upon us the votes on the further abortion amendments will have to wait until Parliament returns in October. So, for now, the law on abortion remains unchanged and all eyes turn to the autumn for the debate to begin anew.

Follow the progress of the Human Fertilisation and Embryology Bill