Peers Call for Abortion Review, England

Under legislation passed in 1990, abortions can be authorised up to and during birth on those who would otherwise be born with serious disabilities. The number of abortions performed under this definition --from 1,601 in 1990 to 1,863 in 2002.

A cross-bench coalition of Peers are calling on the Government to review current abortion law, and pushing for more stringent regulations to prevent the unnecessary loss of life.

Lord Alton of Liverpool, members of the House, expressed his serious concern over the growing number of abortions and the vague classification was being exploited. He worried about this provision was being abused.

Baroness Masham of Ilton, who is also anxious that there is no definition in law of what "serious handicap" means. "This situation is one which clearly discriminates on the grounds of physical or mental ability."

Last year, the Rev Joanna Jepson, a curate in Chester, won the chance to challenge in court the late abortion of a baby with cleft palate, a physical deformity that she argues should not be classified as "a serious handicap". The High Court agreed that she should be able to contest the refusal of West Mercia police to act after a woman was granted an abortion despite being past the legal limit of 24-weeks pregnant.

Lord Clement Jones (Lib Dem) said that the House should consider amending the Abortion Act following the outcome of the judicial review granted to Joanna Jepson.

Lord Tombs described the decision on late abortions as "hazardous", and largely dependent on the doctors?interpretation. “It is highly unsatisfactory that legislation offers so little guidance. The slippery slope therefore becomes inevitable."

While Earl Howe said that cleft lip and palate can be a marker for other congenital anomalies, such as serious heart defects, he questioned whether too much emphasis in decision-making on abortion was attributed to physical handicap.

On the other hand, Viscount Craigavon, who was the fiercest critic of Lord Alton’s moves for a review of the law, said that cleft palate and lip is not a simple syndrome, some of the more serious cases are not amenable to surgical repair.

The Junior Health Minister, Lord Warner said that the government would not consider reviewing the provisions of the Abortion Act until the decision was reached on the judicial review. The case begins on May 24.