Scottish Catholic Observer

With under a hundred days to go until Scotland votes on independence, the Scotland Office has said whether to devolve ’the highly sensitive issues is a ‘live’ question and they could feature in high-level talks on more powers if Scots choose to keep the union.

Although the NHS is devolved to Holyrood, abortion, human fertility and embryology, surrogacy and the transplanting of living cells and organs between species remain under Westminster’s authority.

Tony Blair’s Labour Government opted not to devolve the issues when it created the Scottish Parliament in the late 1990s, while the Calman Commission of 2009 said there was an ‘absence of compelling evidence’ for devolving them.

In response to a recent Freedom of Information request, a Scotland Office spokesperson said it was possible the issues could still be devolved in the event of a no vote. “The issue of whether the law relating to abortion and other sensitive medical areas should be devolved was considered in 1997,” the spokesperson said. “It was discussed by the Calman Commission in 2009. It remains possible that it may be considered again when further devolution is taken forward in the event of a ‘no’ vote in the referendum.”

John Deighan, parliamentary officer for Scotland’s bishops, said it did ‘appear to be an anomaly’ that abortion had not be devolved so it made sense ‘it and other similar issues on the borderline would appear in any discussion over more powers.’

Peter Kearney, director of the Scottish Catholic Media Office, added that ‘the Church in Scotland is primarily concerned with the composition of the legislation rather than the venue for it.’

“There are concerns about legislation at the European level from the moral and ethical perspective, at Westminster and at Holyrood,” he said. “We always seek to remind policy makers and law-makers of the dignity and sanctity of human life when they legislate in these areas.”

If abortion was devolved to the Scottish Parliament, First Minister Alex Salmond has previously said he favours cutting the time limit for terminations from 24 to 20 weeks. Health Secretary Alex Neil also favours lowering the limit in Scotland.

“I do think there is a case to be had for a reduction from 24 weeks,” Mr Neil said last year. “I do think there is now a case, given the state of medical science and the fact that babies do survive from a much earlier stage in the pregnancy.”

However, Deputy First Minister Nicola Sturgeon is against lowering the limit below 24 weeks. In 2012, she claimed it would risk ‘sending abortions back to the back streets, making them less safe for women.’

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