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Human Fertilisation and Embryology Bill [HL]

My Lords, I am sorry to have to do it, but I rise again to oppose this amendment. I do so as someone who has been firmly committed all her life to equality. Although one respects the noble Baroness’s deeply held beliefs on this matter, I think that she is wrong. It is essential that we listen to the long-held views of the medical community and to the very opposing views of those within the disabled community, such as the National Disabled Students Union, which is deeply opposed to this amendment. In 2006, less than 1 per cent of abortions carried out in England and Wales took place on these grounds. If this amendment is passed, should women still be offered antenatal screening and diagnostic testing at all? Under the law, they would not be able to end the pregnancy. So it would appear to be a futile exercise and a retrograde step. The issues around detection of abnormalities and the timing of antenatal screenings are complex. It is unfortunate that it remains impossible to diagnose many foetal abnormalities before the mid-pregnancy anomaly scan, which is usually at 21 or 22 weeks’ gestation. Even then some foetal malformations are not apparent but visualise beyond 24 weeks if there is a need for a further scan. Identification of a problem at this scan would almost certainly mean that further tests are required. Those tests take time. The law currently allows time for counselling and time for the women to be able to choose—to make a choice. These are desperate cases. There needs to be time for the woman to have the counselling and to make the choice where an abnormality is discovered very late. Putting those few women under pressure to make a painful decision without having the time they may need to do so is unthinkable and inhumane. Medical professionals also support the current situation whereby the Act does not list how serious handicap should be defined. I believe that flexibility is essential. The Government supported this flexible approach in their response to the recent report on abortion by the Science and Technology Committee in the other place. In their response, the Government stated that, "““an exhaustive list of abnormalities is neither feasible nor desirable on the face of the Act””." I welcome that defence of the current law. In Committee, and again today, the noble Baroness, Lady Masham, has mentioned abortions for minor disabilities, saying that these could be rectifiable. But we cannot ignore the fact that these conditions can sometimes be indicators of an underlying genetic syndrome or serious defect, as the noble Lord, Lord Steel, mentioned. This amendment is also opposed by the Genetic Interest Group, a national alliance of patients’ organisations which supports children, families and individuals affected by genetic disorders. Passing this amendment would particularly affect the reproductive choices of those parents who know they are carriers of a genetic disorder and risk having a baby with the condition. It has also been suggested that women are coerced into an abortion by doctors who are prejudiced against people with disabilities. The evidence suggests the reverse. Clinicians are reluctant to be directive and these difficult and complex decisions are taken in partnership between the parents and the professionals providing the care. The noble Lord, Lord Low, who unfortunately cannot be in the House today due to a longstanding commitment, has asked me to say that he is in full agreement with the points I have made. In particular, he asked me to say that there is a range of views on this question to be found among disabled people and that in comparing foetuses which have the potential to be a disabled person with non-disabled persons, the noble Baroness, Lady Masham, is not comparing like with like. Arguments based on equality are just not appropriate. Finally, no woman ever makes the decision to have an abortion lightly. It is a particularly heartbreaking dilemma in cases where the pregnancy has been very much wanted and a foetal abnormality is diagnosed. Those who make that painful choice to end a pregnancy do so after much careful consideration, advice and counselling of what the diagnosis may mean for their baby, the child’s quality of life and what it might mean for themselves and their family’s future. They should be supported to make the reproductive choice which is best for them rather than facing condemnation. I ask the House not to support this amendment.