Lost in the Process? The impact of devolution on abortion law in the United Kingdom
| Author | David S Moon,Jennifer Thompson,Sophie Whiting |
| Date | 01 November 2019 |
| DOI | 10.1177/1369148119857591 |
| Published date | 01 November 2019 |
| Subject Matter | Original Articles |
https://doi.org/10.1177/1369148119857591
The British Journal of Politics and
International Relations
2019, Vol. 21(4) 728 –745
© The Author(s) 2019
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DOI: 10.1177/1369148119857591
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Lost in the Process?
The impact of devolution
on abortion law in the
United Kingdom
David S Moon, Jennifer Thompson
and Sophie Whiting
Abstract
Using the case study of abortion policy across the United Kingdom, this article takes a feminist
institutionalist approach to advance our understanding of state architecture and party competition
within decentralised political systems. Despite increasing divergences across the United Kingdom
in relation to abortion policy, contemporary debates around abortion access have rarely become
politicised. Moreover, as this article demonstrates, when they have, the subject has been framed by
politicians as a constitutional matter, relating to legislative competencies, rather than considered
in terms of women’s rights. This framing, we argue, is linked to the specific constitutional
arrangements of the post-devolution UK and the political strategies of the parties operating within
them. Drawing upon parliamentary debates and interviews with political representatives to map
the circumstances driving changes to abortion policy in the United Kingdom, this article introduces
important comparative lessons for other cases of political decentralisation on the discussions and
policies concerning women’s rights.
Keywords
abortion policy, devolution, federalism, feminist institutionalism, gender politics, multi-level
governance, UK politics
When it comes to accessing abortion in the United Kingdom (UK), the situation is anything
but united. A woman in England can access abortion services up to 24 weeks. A woman in
Northern Ireland cannot receive a taxpayer-funded abortion in her local hospital but can if
she travels to England or Scotland (or eventually, it is promised, to Wales). A woman in
Scotland having an early medical abortion can take the second part of her medication at
home, not at a medical facility, although England and Wales have now followed suit. A
woman in Wales will be subject to legislation made in Cardiff for all other aspects of her
medical treatment, but not abortion where policy remains in line with England.
University of Bath, Bath, UK
Corresponding author:
Sophie Whiting, University of Bath, Bath BA2 7AY, UK.
Email: s.whiting@bath.ac.uk
857591BPI0010.1177/1369148119857591The British Journal of Politics and International RelationsMoon et al.
research-article2019
Original Article
Moon et al. 729
Abortion is an emotive subject that has led to polarised debate in nations such as the
United States; however, despite increasing divergences across the UK, contemporary
debates around abortion access are rarely politicised. Moreover, as this article demon-
strates, when they have been, the subject has been framed by politicians as a constitu-
tional matter, relating to legislative competencies, rather than considered in terms of
women’s rights. This framing, we argue, is linked to the specific constitutional arrange-
ments of the post-devolution UK and the political strategies of the parties operating
within them.
Feminist analyses have generally viewed decentralised systems of governance as posi-
tive. They argue that such systems create new opportunities for women, particularly in
relation to descriptive representation, but also in the shape of new ‘venues’ wherein pol-
icy change can be affected. By focusing upon the example of abortion policy in the UK,
this article challenges this perspective. While post-devolution decentralisation has cre-
ated space for differentiation, we argue here that far from a ‘race to the top’ (Mackay,
2010) in policy terms, an analysis of divergences demonstrate that they have occurred on
an ad hoc basis, as reactions to specific pressures on politicians engendered by multi-level
system of governance themselves.
Subsequently, being born not from considered policymaking and/or an agreed party
line, political parties, legislatures and executives have demonstrated little institutional
ownership over the policies they themselves have enacted; instead, the devolved system
encourages a de-politicising language of national distinction and legislative competencies
to explain policy differences, rather than justifications based upon consistent, universalist
positions on the issue of women’s rights. In contrast to the positivity evident within some
of the feminist literature, the UK’s devolved system therefore demonstrates the risks that
come with legislative decentralisation, not only with regard to increased incoherence
across the nations, but also risks of backsliding (Amery, 2013, 2015). As a decentralised
political system it is unsurprising that variations in abortion policy exist across the UK;
however; what this article demonstrates is how constitutional preferences and party poli-
tics have come to overshadow the discussion on women’s reproductive rights. With a shift
in systems of governance across most Organisation for Economic Co-operation and
Development (OECD) states towards increasing regional authority (Hooght et al., 2008,
2010), these conclusions raise important considerations for feminist scholars and activists
around the impact of decentralisation.
This argument is developed in four parts. The first provides a brief overview of the
post-devolution UK system of governance. This discussion introduces and defines key
terminology, situating the system within the wider literature on multi-level governance
(MLG) and raising the strategic opportunities such systems introduce into political party
decision-making, both electorally and governmentally. Having outlined devolution and
the concept of MLG in general, the second part introduces feminist institutionalism, the
theoretical framework guiding this research analysis, placing specific emphasis on the
gendered impact of decentralised systems of governance.
The article then moves on to the specific situation with regard to abortion politics
in the UK, starting with the introduction of the 1967 Abortion Act and tracing the
different trajectories taken across the post-devolution UK. In doing so, it adopts a
nation-by-nation approach, outlining and identifying differences between abortion
policies in England, Scotland, Northern Ireland and Wales. The article concludes with
a broader discussion of the dynamics shaping abortion policy and services across the
devolved UK.
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