United Kingdom
Protection of Conscience Laws
 

Abortion Act

Human Fertilisation & Embryology Act

Comments and responses by ministers of the government in the House of Commons may assist in determining government policy and the direction likely to be taken in the interpretation of the law.  Note the this response includes reference to mandatory referral under National Health Service (General Medical Services Contracts) Regulations 2004, which is a policy many conscientious objectors would find unacceptable.

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HEALTH

Abortion

Mr. Amess: To ask the Secretary of State for Health

(1) what recent discussions she has had with the leaders of the medical profession about interpretation by them of section 4 of the Abortion Act 1967; and if she will make a statement; [9964]

(2) what guidelines her Department (a) has issued and (b) plans to issue to NHS primary care trusts setting out the rights of (i) general practitioners and (ii) nurses under section 4 of the Abortion Act 1967; and if she will make a statement; [10529]

(3) what guidance her Department has issued to doctors about their right of conscientious objection to taking part in abortion; [10597]

(4) whether it is her policy to require (a) general practitioners and (b) nurses to sign a declaration that they have no conscientious objection to performing or assisting at an abortion; and if she will make a statement; [10882]

(5) what guidance her Department issues to doctors with a conscientious objection to abortion regarding transfer of patients to other doctors; [10884]

(6) when it became a requirement for a physician who intends to rely on section 4 of the Abortion Act 1967 to refer a patient to another physician who does not have a conscientious objection; and if she will make a statement; [10893]

(7) if she will introduce legislation to amend section 4 of the Abortion Act 1967 to remove the duty on a physician with a conscientious objection to treatment [21 Jul 2005 : Column 2141W] under the Act from referring a patient to another physician who does not have such a conscientious objection; and if she will make a statement; [10894]

(8) if she will introduce legislation to remove the Proviso in Section 4 of the Abortion Act 1967; and if she will make a statement. [12721]

Caroline Flint: Section 4 of the Abortion Act 1967, as amended, states that except where treatment is necessary to save the life of or prevent grave permanent injury to the pregnant woman:

"no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection".

The House of Lords ruled in 1988 that this exemption does not extend to giving advice, performing the preparatory steps to arrange an abortion where the request meets legal requirements and undertaking administration connected with abortion procedures. Doctors with a conscientious objection to abortion should make their views known to the patient and enable the patient to see another doctor without delay if that is the patient's wish. No recent discussion have taken place between the Secretary of State for Health and leaders of the medical profession on the interpretation of this ruling.

The General Medical Council's (GMC) booklet, "Good Medical Practice", states that general practitioners' views about a patient's lifestyle or beliefs must not prejudice the treatment they provide or arrange. If they feel their beliefs might affect the treatment, this must be explained to the patient, who should be told of their right to see another doctor. Breach of this guidance may expose a doctor to a charge of serious professional misconduct and disciplinary action by the GMC.

The Department has issued guidance on best practice where there are ethical objections to abortion, through the "Recommended Standards for Sexual Health Services", produced for the Department by the Medical Foundation for AIDS and Sexual Health.

The National Health Service (General Medical Services Contracts) Regulations 2004 include details of additional services, including contraceptive services, which states that:

"where the contractor has a conscientious objection to the termination of pregnancy, prompt referral to another provider of primary medical services who does not have such conscientious objections".

It is accepted Parliamentary practice that proposals for changes in the law on abortion have come from back-bench members and that decisions are made on the basis of free votes. The Government has no plans to change the law on abortion.

http://www.publications.parliament.uk/pa/cm200506/cmhansrd/cm050721/text/50721w57.htm  Accessed 2005-10-31