Now Scotland to be given power to set own abortion laws

Agreement will allow Holyrood to consider lowering 24-week limit for ending pregnancies

SCOTLAND is to be handed the power to set different abortion laws from the rest of the UK.

A deal will be announced within weeks to transfer all powers relating to abortion law from Westminster to Holyrood, The Scottish Mail on Sunday has learned.

The agreement will allow MSPs to consider if radical changes such as lowering the 24-week limit for terminating pregnancies or even banning abortions should be introduced north of the Border.

It is understood that Tory Ministers have told the Scottish Government they are now prepared to add abortion law to the package of new powers being devolved as part of the Scotland Bill.

The UK Government is in the process of finalising a beefedup package of powers, due to be unveiled in the House of Commons next month.

But Ministers have refused to cave in to demands from the SNP for the handover of a wide range of additional powers.

The cross-party Smith Commission on devolution had said the parties were ‘strongly of the view to recommend the devolution of abortion’ to Scotland – but stopped short of backing the move after opposition from Labour. Instead, it concluded the issue should be given serious consideration.

Scottish Secretary David Mundell said: ‘We have had discussions over the summer and there will be an announcement before the Bill comes back in October. Detailed discussions have taken place and we will have an agreed position with the Scottish Government.

‘There is not a constitutional reason that it should not be devolved but there are a lot of other sensitive issues around it, as recognised by the Smith Commission.’

He added: ‘We are likely to be able to reach agreement on a position. The Scottish Government have said they want any additional powers on anything, so that is their position. An announcement on the future of abortion law will be made in the next few weeks.’

Senior insiders say an agreement is in the process of being finalised to add devolution of abortion law to the Scotland Bill.

The Scottish Government has demanded the power – as it points out that it already controls most other elements of the NHS and healthcare north of the Border. But it has insisted that it has no plans to push for any changes to the laws.

However, former Health Secretary Alex Neil previously said he would want to see the limit for terminating pregnancies being reduced from 24 weeks to 12 weeks. Former First Minister Alex Salmond suggested that the limit should be reduced to 20 weeks.

The Church of Scotland has voiced concern about the potential for cross-Border traffic for abortions if rules differ in Scotland and England.

Figures published last year showed that 120 babies born during week 23 of a pregnancy — the last week when abortions are usually permitted — have survived in the past four years.

As well as powers over abortion, the UK Government will propose a series of changes to the Scotland Bill, which will include the devolution of income tax on earnings, £2.5 billion of welfare, a proportion of VAT revenues, the Crown Estate and Air Passenger Duty.

It could include additional controls over welfare and the withdrawal of a Westminster ‘veto’ on Holyrood proposals to enhance existing benefits or top up others.

However, it will reject SNP calls for the devolution of control over corporation tax, the minimum wage and National Insurance.

Mr Mundell said: ‘We’ve gone through the amendments that have been put forward and looked at the arguments made by the Scottish Government and the Scottish parliament devolved powers committee and by third parties.

‘What we are not doing is considering amendments which relate to Smith Plus, like full fiscal autonomy, National Insurance contributions and the devolution of everything but defence and foreign affairs.’

Ministers want the Scotland Bill to be passed by MPs by March 2016 – then for Holyrood to be handed the new tax and welfare powers by 2018.

In relation to abortion powers, a Scottish Government spokesman said: ‘The Scottish Government is seeking the devolution of legislation on abortion, as the delivery of abortion services in Scotland are fully devolved – and discussions with the UK Government on this issue are ongoing.’

‘Announcement in the next few weeks’