The real abortion scandal? That two doctors must testify a woman's sanity

Andrew Lansley is "shocked and appalled" at doctors pre-signing consent forms -- but the medical pro

The Care Quality Commission (CQC), ordered to perform spot-checks at abortion clinics, revealed yesterday that up to one fifth of clinics have been breaking the law by allegedly allowing doctors to pre-sign consent forms, presumably before they are assigned to a specific patient. Health Secretary Andrew Lansley is reportedly "shocked and appalled" by the findings.

I am shocked and appalled that in 2012 we still require two doctors to testify not to the physical fitness and consent of the woman in question but to the indomitable risk a continued pregnancy poses to her physical and mental health.

Assessed from that perspective, being pro-choice is actually nothing of the sort. Presuming you are bodily healthy, what you are actually consenting to is the notion that to be refused an abortion would make you just a baby away from barmy.

Thankfully, the medical profession is more pragmatic than the law; it's not too often you meet a glassy-eyed new mother lugging a child about, lamenting, "Oh, you know, there just wasn't enough chance of me having a breakdown so they wouldn't let me not have her." And doctors have had to be -- they are working with a piece of legislation that has only been updated once since 1967, an era where women couldn't get a mortgage without a male guarantor. Is it any wonder then that some doctors may think the double-signing about as anachronistic and inappropriate? And what about the thousands of women, myself included, that have ever had an abortion? It's time the law acknowledged that women can safely -- and sanely -- consent to abortion, with full awareness of the implications as they do so, and that one informed medical opinion is enough to guide that.

For a government that claims to want to give people more control over their own lives, the coalition has done a neat job of allowing the paternalist, Conservative backbenchers the steer of the abortion debate. The CQC investigation, the circumstances of which are politically suspect according to BPAS chief executive Ann Furedi, comes just a little too soon after Nadine Dorries' failed Bill proposing independent abortion counselling. It also conveniently distracts from the berating Lansley has faced over NHS reforms. Nothing like an abortion brouhaha to make people forget about the mismanagement of the health service -- except perhaps setting the already overstretched CQC to investigating procedural signatures rather than the abuse of old people or children isn't the slickest way of doing it.

The recent furore relating to illegal sex selective abortion has made the matter of women's "choice" even more inflammatory. But neither doing away with the need for the two-doctor signature rule nor changing the emphasis of the law to give women the right to opt out of motherhood rather than out of madness would automatically legitimise the right to sex selection. (Surely not revealing the sex of the foetus, except in circumstances where disability necessitated it, would circumvent that pretty easily?) Nor would it see the number of abortions rise exponentially. What anti-abortionists never seem to grasp is that, whatever the circumstances, nobody seeks a termination lightly. While not necessarily traumatic, it is a grave decision you do not forget making. And neither one, nor two, nor a thousand doctors' signatures can affect that -- unless the government makes it harder to seek abortion in the first place.

Nichi Hodgson is a 28-year-old freelance journalist specialising in sexual politics, law and culture.

Nichi Hodgson is a writer and broadcaster specialising in sexual politics, censorship, and  human rights. Her first book, Bound To You, published by Hodder & Stoughton, is out now. She tweets @NichiHodgson.

Photo: André Spicer
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“It’s scary to do it again”: the five-year-old fined £150 for running a lemonade stand

Enforcement officers penalised a child selling home-made lemonade in the street. Her father tells the full story. 

It was a lively Saturday afternoon in east London’s Mile End. Groups of people streamed through residential streets on their way to a music festival in the local park; booming bass could be heard from the surrounding houses.

One five-year-old girl who lived in the area had an idea. She had been to her school’s summer fête recently and looked longingly at the stalls. She loved the idea of setting up her own stall, and today was a good day for it.

“She eventually came round to the idea of selling lemonade,” her father André Spicer tells me. So he and his daughter went to their local shop to buy some lemons. They mixed a few jugs of lemonade, the girl made a fetching A4 sign with some lemons drawn on it – 50p for a small cup, £1 for a large – and they carried a table from home to the end of their road. 

“People suddenly started coming up and buying stuff, pretty quickly, and they were very happy,” Spicer recalls. “People looked overjoyed at this cute little girl on the side of the road – community feel and all that sort of stuff.”

But the heart-warming scene was soon interrupted. After about half an hour of what Spicer describes as “brisk” trade – his daughter’s recipe secret was some mint and a little bit of cucumber, for a “bit of a British touch” – four enforcement officers came striding up to the stand.

Three were in uniform, and one was in plain clothes. One uniformed officer turned the camera on his vest on, and began reciting a legal script at the weeping five-year-old.

“You’re trading without a licence, pursuant to x, y, z act and blah dah dah dah, really going through a script,” Spicer tells me, saying they showed no compassion for his daughter. “This is my job, I’m doing it and that’s it, basically.”

The girl burst into tears the moment they arrived.

“Officials have some degree of intimidation. I’m a grown adult, so I wasn’t super intimidated, but I was a bit shocked,” says Spicer. “But my daughter was intimidated. She started crying straight away.”

As they continued to recite their legalese, her father picked her up to try to comfort her – but that didn’t stop the officers giving her stall a £150 fine and handing them a penalty notice. “TRADING WITHOUT LICENCE,” it screamed.


Picture: André Spicer

“She was crying and repeating, ‘I’ve done a bad thing’,” says Spicer. “As we walked home, I had to try and convince her that it wasn’t her, it wasn’t her fault. It wasn’t her who had done something bad.”

She cried all the way home, and it wasn’t until she watched her favourite film, Brave, that she calmed down. It was then that Spicer suggested next time they would “do it all correctly”, get a permit, and set up another stand.

“No, I don’t want to, it’s a bit scary to do it again,” she replied. Her father hopes that “she’ll be able to get over it”, and that her enterprising spirit will return.

The Council has since apologised and cancelled the fine, and called on its officials to “show common sense and to use their powers sensibly”.

But Spicer felt “there’s a bigger principle here”, and wrote a piece for the Telegraph arguing that children in modern Britain are too restricted.

He would “absolutely” encourage his daughter to set up another stall, and “I’d encourage other people to go and do it as well. It’s a great way to spend a bit of time with the kids in the holidays, and they might learn something.”

A fitting reminder of the great life lesson: when life gives you a fixed penalty notice, make lemonade.

Anoosh Chakelian is senior writer at the New Statesman.