HL Deb 07 November 2002 vol 640 c139WA
Baroness Masham of Ilton

asked Her Majesty's Government:

Whether a General Practitioner with a conscientious objection to abortion is still required to give advice to patients and perform the preparatory steps to arrange an abortion; and, if so, whether this is:

(a) consistent with the original aims of the conscience clause included in the Abortion Act 1967; and

(b) consistent with the advice provided by the Ministry of Health when Parliament was debating the conscience clause that such a clause was not necessary. [HL6139]

Lord Hunt of Kings Heath:

Section 4 of the Abortion Act 1967, which was agreed on a free vote by both Houses, allows doctors with a conscientious objection to abortion not to participate in treatment. The scope of the clause was clarified by the House of Lords' decision in the case of Janaway v. Salford Health Authority in 1988, which stated that in order to claim conscientious exemption under Section 4 of the Act, the objector had to be required to take part in administering treatment in a hospital or approved centre. Practitioners cannot claim exemption from giving advice or performing the preparatory steps to arrange an abortion where the request meets legal requirements. If a general practitioner has a conscientious objection to abortion, the patient should be advised and referred to another doctor if that is the patient's wish. Refusal to participate in the paperwork or administration connected with abortion procedures also lies outside the terms of the conscience clause.

The General Medical Council (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 British Medical Association has also issued guidance to its colleagues on this issue.