David Mundell hints abortion law could be devolved to Holyrood

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David Mundell
Image caption,

David Mundell was speaking during the closing minutes of a Commons debate on the Scotland Bill

The Scottish Secretary has hinted that the UK government may be willing to devolve abortion law to Holyrood.

David Mundell said discussions with the Scottish government were at an early stage but should not be pre-empted.

He was speaking in the closing minutes of the committee stage of the Scotland Bill, external which will transfer more powers.

A cross party group of pro-Life MPs who argued in favour of devolving the law won the backing of the SNP. Labour opposed the move.

Mr Mundell said that there was "no reason" why the Scottish Parliament should not be able to decide on "an issue of this significance".

But he said the government did not consider the amendments to the Scotland Bill legislation "appropriate at this moment."

This was the fourth and final day of line-by-line scrutiny of the Scotland Bill in the Commons, with MPs voting on a series of opposition amendments to the legislation.

Ministers have been criticised by opposition MPs for failing to accept any amendments so far, but Mr Mundell pledged to reflect and return with improvements to the bill at report stage.

The bill will give further control to the Scottish Parliament over areas including taxation, VAT revenues and welfare.

A cross-party amendment, signed by three Catholic MPs - Liberal Democrat John Pugh, Tory Fiona Bruce and Labour's Robert Flello - proposed that abortion law be transferred to Holyrood.

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Image caption,

This is the fourth day of line by line scrutiny of the Scotland Bill in the Commons

The move was considered by the Smith Commission on further devolution, but was not included in its final list of recommendations.

Veteran Tory Sir Edward Leigh, who sits alongside the three MPs on the all-party parliamentary pro-life group, said Scotland has its own point of view which should be reflected in the Scottish Parliament, particularly on "moral maze" issues such as abortion.

The Gainsborough MP, who moved a separate amendment which would devolve powers on abortion and surrogacy, genetics, embryology and other health areas, said any "self-respecting parliament" should be allowed to deal with such issues.

He said he tabled his own amendment because he wanted to know why Scotland could not have the power to change abortion law in the country.

Mr Pugh said the proposal to devolve abortion law was "modest and rational".

The Lib Dem said the Scottish Parliament had already proven it could debate moral issues of this scale rationally and based on evidence.

He said: "The Smith Commission was minded to make abortion a devolved matter and this proposal aligns the Bill with the original intentions of the Smith Commission.

"A similar level of devolution is already available in Northern Ireland and gives the Scottish Parliament the same rights as with regard to euthanasia and every other health matter."

Right to choose

Shadow Scotland secretary Ian Murray said Labour would oppose the devolution of abortion law.

He said: "We believe a woman's right to choose should be determined by robust medical evidence and not by where you live. There is no reason why a woman in Edinburgh should face a different experience to a woman in Exeter.

"Many would argue the system we currently have in place needs to be improved but this is best achieved within a UK framework and should be a debate separate from the constitution."

The SNP backed the proposal to devolve abortion law, with Glasgow South MP Stewart McDonald saying it would give Scotland the opportunity to strengthen a woman's right to choose.

He said: "I want this power not just because I want all powers to come to Scotland but I want to improve and protect a woman's right to choose and to access quality healthcare.

"I believe we can do that and I want to make progress on it at the earliest opportunity, that is my motivation."

Local management

Among other issues discussed during the Commons debate were powers over the Crown Estates.

Former Scottish secretary Alistair Carmichael called for powers over Crown Estate land to be devolved directly to local island communities so they could generate more income from them.

Scotland's foreshore, seabed, fishing rights and other urban and rural state assets are currently managed by the Crown Estate, accountable to Westminster with revenues sent to the UK Treasury.

The bill will devolve its revenues and accountability to the Scottish Parliament in Holyrood.

But Mr Carmichael said the land around islands would be better managed by local communities and so the powers should be devolved directly to them.

Moving his own amendments, the Liberal Democrat MP for Orkney and Shetland said: "It is I think manifestly the case that the seabed is a resource which is something which could be better managed and would be better managed if it were to be managed by the communities that were most directly affected.

"That would I think actually generate more income."

Scottish Secretary Mr Mundell gave an "absolute commitment" to reflect on "genuine amendments" proposed by opposition parties.

But he disagreed with Mr Carmichael's proposals, saying it would be wrong to dictate to the Scottish Parliament what it should devolve to local communities.

On the abortion proposals, he said: "Discussions are at an early stage and accepting this amendment would pre-empt those discussions but as has been said a number of times in this debate, there is no reason why the Scottish Parliament should not be able to decide an issue of this significance because it has demonstrated it's ability to do so on numerous other significant issues."

He went on: "Now we've got a series of amendments which have been laid before parliament over the four days.

"I'm giving an absolute commitment that we will reflect on those amendments and that we will come back at report stage to this House with amendments to the bill."