Forty years old and creaking

The foundations of the abortion act should be left alone, but it needs more than a lick of paint, wr

The 1967 Abortion Act is like a house. A shelter for the hundreds of thousands of women in this country who would otherwise be faced with the chill winds of unwanted pregnancy or the night in the blizzard represented by a backstreet abortion.

It has done great work but it is in real need of repair. After all the decorators have been in only once – at the age of 23 – and that was to just to reduce its capacity and to pledge to make it more comfortable. In 1990 the Human Fertilisation and Embryology Act reduced the legal time limit for most abortions from 28 weeks to 24 weeks in line with the generally agreed view that babies born before this point did not have a reasonable chance of surviving – even with intensive care – without significant impairment.

In addition, Parliament gave the Government the power to classify women’s own homes as a suitable place where, in an early medical abortion, the second pill or pessary could be taken instead of women having to stay in hospital or rush home after hospital administration. Seventeen years later, those regulations have still not been implemented so British women – unlike their US counterparts - have to make two trips into the hospital and risk the miscarriage taking place on the bus home.

The forthcoming Human Tissue and Embryo Bill appears to be an appropriate parliamentary opportunity for the 1967 Act to be updated. On the question of time limits the British Association of Peri-natal Medicine (the experts in foetal viability) have told the Science and Technology Select Committee that emerging findings from a 2006 national multi-centre study suggested that while survival at 24 weeks had improved there were no significant increases in outcomes for premature babies born below that time.

In other words that age of viability had not reduced since 1990. The BMA and the Royal College of Obstetrics and Gynaecology share this view. The Government and most MPs will take medical advice on this one, surely.

The BMA now believe that the need for a woman to get the “permission” of two doctors before having an abortion is unnecessary and fails to respect the autonomy of the woman, and should be abolished – at least for first trimester abortions. The RCOG agree.

That requirement was symbolic of the era when the Abortion Act was drafted. Presumably the feeling was that pregnant women were more irrational and needed the protection of doctors from themselves or perhaps David (now Lord) Steel saw the move as the only way to get the men in Parliament to pass the law. What was then a pragmatic perceived safeguard is now an throw back to a time when informed consent of autonomous adults in health care decisions was revolutionary talk.

In 1967 nurses were handmaidens to doctors and the idea that they would – forty years later – be operating in theatre or prescribing medication was unthinkable. The RCOG now agrees with the Royal College of Nursing that appropriate training will enable nurses to perform early medical and early surgical abortions. The statutory restriction in the 1967 Act to doctors surely can not survive new Parliamentary scrutiny.

The Government have just reminded the political leadership of a devolved part of the UK that abortion law is a matter reserved to the Westminster and told him firmly that it would be preposterous to have different abortion laws across different parts of the NHS or the country. Alex Salmond was suitably chastened. The Government have said nothing similar to Ian Paisley.

The 1967 Act was never extended to Northern Ireland. Women there have to come to the mainland. They have to pay their airfare and their medical costs as the NHS will not pay. That means they come later pregnancy and that the poor, young and vulnerable do not come at all. One female Labour MP bravely advocated extension to Northern Ireland in 1990 but was frustrated by a conservative House of Commons. Presumably, after 17 more years of inequity and denial of health rights to women in the province, that MP will support another attempt. After all Harriet Harman is now Leader of that less conservative House.

It looks like the refurbishment of the Act will take place next year. It’s foundations should be left alone but it needs more than a lick of paint.

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The New Times: Brexit, globalisation, the crisis in Labour and the future of the left

With essays by David Miliband, Paul Mason, John Harris, Lisa Nandy, Vince Cable and more.

Once again the “new times” are associated with the ascendancy of the right. The financial crash of 2007-2008 – and the Great Recession and sovereign debt crises that were a consequence of it – were meant to have marked the end of an era of runaway “turbocapitalism”. It never came close to happening. The crash was a crisis of capitalism but not the crisis of capitalism. As Lenin observed, there is “no such thing as an absolutely hopeless situation” for capitalism, and so we discovered again. Instead, the greatest burden of the period of fiscal retrenchment that followed the crash was carried by the poorest in society, those most directly affected by austerity, and this in turn has contributed to a deepening distrust of elites and a wider crisis of governance.

Where are we now and in which direction are we heading?

Some of the contributors to this special issue believe that we have reached the end of the “neoliberal” era. I am more sceptical. In any event, the end of neoliberalism, however you define it, will not lead to a social-democratic revival: it looks as if, in many Western countries, we are entering an age in which centre-left parties cannot form ruling majorities, having leaked support to nationalists, populists and more radical alternatives.

Certainly the British Labour Party, riven by a war between its parliamentary representatives and much of its membership, is in a critical condition. At the same time, Jeremy Corbyn’s leadership has inspired a remarkable re-engagement with left-wing politics, even as his party slumps in the polls. His own views may seem frozen in time, but hundreds of thousands of people, many of them young graduates, have responded to his anti-austerity rhetoric, his candour and his shambolic, unspun style.

The EU referendum, in which as much as one-third of Labour supporters voted for Brexit, exposed another chasm in Labour – this time between educated metropolitan liberals and the more socially conservative white working class on whose loyalty the party has long depended. This no longer looks like a viable election-winning coalition, especially after the collapse of Labour in Scotland and the concomitant rise of nationalism in England.

In Marxism Today’s “New Times” issue of October 1988, Stuart Hall wrote: “The left seems not just displaced by Thatcherism, but disabled, flattened, becalmed by the very prospect of change; afraid of rooting itself in ‘the new’ and unable to make the leap of imagination required to engage the future.” Something similar could be said of the left today as it confronts Brexit, the disunities within the United Kingdom, and, in Theresa May, a prime minister who has indicated that she might be prepared to break with the orthodoxies of the past three decades.

The Labour leadership contest between Corbyn and Owen Smith was largely an exercise in nostalgia, both candidates seeking to revive policies that defined an era of mass production and working-class solidarity when Labour was strong. On matters such as immigration, digital disruption, the new gig economy or the power of networks, they had little to say. They proposed a politics of opposition – against austerity, against grammar schools. But what were they for? Neither man seemed capable of embracing the “leading edge of change” or of making the imaginative leap necessary to engage the future.

So is there a politics of the left that will allow us to ride with the currents of these turbulent “new times” and thus shape rather than be flattened by them? Over the next 34 pages 18 writers, offering many perspectives, attempt to answer this and related questions as they analyse the forces shaping a world in which power is shifting to the East, wars rage unchecked in the Middle East, refugees drown en masse in the Mediterranean, technology is outstripping our capacity to understand it, and globalisation begins to fragment.

— Jason Cowley, Editor 

Tom Kibasi on what the left fails to see

Philip Collins on why it's time for Labour to end its crisis

John Harris on why Labour is losing its heartland

Lisa Nandy on how Labour has been halted and hollowed out

David Runciman on networks and the digital revolution

John Gray on why the right, not the left, has grasped the new times

Mariana Mazzucato on why it's time for progressives to rethink capitalism

Robert Ford on why the left must reckon with the anger of those left behind

Ros Wynne-Jones on the people who need a Labour government most

Gary Gerstle on Corbyn, Sanders and the populist surge

Nick Pearce on why the left is haunted by the ghosts of the 1930s

Paul Mason on why the left must be ready to cause a commotion

Neal Lawson on what the new, 21st-century left needs now

Charles Leadbeater explains why we are all existentialists now

John Bew mourns the lost left

Marc Stears on why democracy is a long, hard, slow business

Vince Cable on how a financial crisis empowered the right

David Miliband on why the left needs to move forward, not back

This article first appeared in the 22 September 2016 issue of the New Statesman, The New Times