Abortion Law Review Expert Group Minutes: April 2025

Attendees and apologies

• Professor Anna Glasier – Chair
• Sarah Wallage – Scottish Abortion Care Providers (NHS Grampian)
• Sinead Cook – Faculty of Sexual and Reproductive Health
• Professor Sally Sheldon – University of Bristol
• Dr Lynsey Mitchell – University of Strathclyde
• Professor Anne-Maree Farrell – University of Edinburgh
• Rachael Clarke – British Pregnancy Advisory Service
• Dr Alastair Campbell – Royal College of Obstetrics and Gynaecology
• Professor Sharon Cameron – Scottish Abortion Care Providers (NHS Lothian)
• Dr Carrie Purcell – The Open University
• Jill Wood – Engender – Representing Advisory Group of reproductive rights groups
• Professor Marion Bain – Deputy Chief Medical Officer

Apologies

• Andrew Lothian – Law Society of Scotland, Health and Medical Law Sub-Committee

Secretariat

• Sam Baker – Scottish Government
• Harriet Rogerson – Scottish Government
• Sean Reid – Scottish Government
• David McIlhinney – Scottish Government, Note of meeting

Items and actions

Welcome

• The Chair welcomed the attendees to the meeting.
• The Chair noted that the note of the previous meeting (March 2025) was agreed with the Group via email to enable it to be uploaded online promptly.
• Andrew Lothian’s apology was noted.

Recap of previous potential recommendations (Offences)

• The expert group noted the options for recommendations that were agreed at the previous meeting.
• The expert group noted that further information had been shared to answer their queries around existing regulations.

Discussion on views provided by stakeholders, evidence and international examples

• The advisory group was noted not to have changed it’s position since the previous meeting.
• The expert group discussed stakeholder submissions from a number of organisations.
• The expert group noted that many of the claims made in the submissions are opposed or refuted in NICE guidance and that all evidence received should be considered and balanced.
• There was a feeling in the submissions that the current law on abortion is unclear. The expert group noted that the WHO had published a number of articles on the consequences of criminal offences relating to abortion care.
• The expert group noted the view that criminal sanctions must be necessary and proportionate to the harms they aim to avoid.
• The expert group discussed the law in Iceland to add to the international examples they had previously considered.

Discussion on recommendations for Scottish models on offences

• The expert group considered input from gender-based violence leads. The expert group agreed that more engagement would need to be done before recommendations regarding coercion could be finalised.
• The expert group discussed a number of points around where existing legislation would provide a framework for offences, covering issues such as unlicenced medication and unqualified people supplying abortions.
• The expert group discussed professional sanctions from bodies such as the GMC that may apply to abortion provision. The group agreed to look for comments from professional bodies on this subject.
• The expert group considered signs of life in later abortion. The expert group noted professional guidance on this issue from a perinatal medicine perspective.

Review of previous potential recommendations on all topics

• The expert group considered a number of recommendations on each topic that had previously been discussed.
• The expert group various options around gestational age limits, including retaining the current 24-week limit, the evidence for moving the limit to 22 weeks and the WHO recommendation to remove gestational limits entirely.
• The expert group discussed removing grounds before any gestational age limit. The expert group also discussed preserving the language used in the 1967 Act and subsequent interpretation by the courts.
• The expert group discussed aligning any future legislation with current practice.
• The expert group discussed options around grounds for abortion over a gestational age limit. The group considered options around framing the discussions around abortions after any limit.
• The expert group discussed options around who should be able to provide abortion service.
• The expert group discussed options around requiring certification for abortions.
• The expert group discussed recommendations around places where abortion can take place.
• The expert group discussed recommendations around mandatory counselling.
• The expert group discussed recommendations around mandatory waiting periods.
• The expert group discussed recommendations conscientious objection.
• The expert group discussed recommendations around reporting of abortion statistics and related data.
• The expert group discussed recommendations around regulatory oversight.
• The expert group discussed recommendations around adults with incapacity and young patients.

AOB

• The expert group noted that the first draft of their final report was being drafted and agreed how the report should be structured.
• The next meeting will be on the 07 May 2025.