§ Jim DobbinTo ask the Secretary of State for Health (1) if he will make a statement on the application of section 1(1)(d) of the Abortion Act 1967 (as amended); [143172]
(2) if he will make a statement on whether cleft palate or cleft lip are regarded as serious handicaps for the purpose of section 1(1)(d) if the Abortion Act 1967 (as amended). [143173]
§ Miss Melanie JohnsonParliament decided in 1967 that a pregnancy could be terminated by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped. The term "seriously handicapped" has not been interpreted by any court decisions.
Permission to proceed to a judicial review on these matters was granted on 1 December 2003 and will be considered by the courts at a hearing starting on 24 May 2004. The claimant is also seeking a declaration as to the incompatibility of section 1(1)(d) of the Abortion Act 1967 with Articles 2, 3, 8 and 14 of the European Convention on Human Rights. A Minister of the Crown is entitled to join any proceedings where the Court is considering whether to make a declaration of incompatibility. The Secretary of State for Health has now given formal notice of his intention to join the proceedings to assist the court on these matters.