Current Petitions

The final petition, PE382, is from Mr Thomas Howe, and seeks legal recognition for the rights of the unborn child. We agreed at our meeting on 2 October that the Executive should be asked to comment on the petition and to provide clarification of the reserved provisions and details of its interest in the application of damages law. We have received a memorandum from the Executive that sets out in detail what it sees as the main points that arise from PE382.The law that relates to the unborn child is not reserved, but it is closely bound up with other reserved matters, such as abortion. Law governing reserved matters that concern abortion, embryology, surrogacy and genetics could be relevant if provisions were made in relation to unborn children.Petition PE382 relates only to civil law, but where there is a criminal offence, such as an assault, it is possible for any effect on an unborn child to be regarded as an aggravation of the crime. Consequences would be taken into account in sentencing. No action for damages is possible while a child remains unborn, but a claim can be made when a child is born alive.The Executive acknowledges the depth of feeling that surrounds the issue but points out the complexity of the law in this area. Any change to legislation would require a thorough review of relevant law. At this stage the Executive has no plans for such a review. Given the complexity of the law that surrounds the petition and the Executive's clarification of its position in relation to the petition, it is suggested that the committee should pass the Executive's response to the petitioner and take no further action.

The situation is difficult because there might be implications for the law on abortion if an unborn child that is killed in a car crash is allowed legal rights.

Should we consider sending the matter to Westminster? I accept that some of it relates to civil law, but it seems to be primarily a reserved matter, given the legal complexities about the unborn child and the issues that relate to abortion, embryology, surrogacy and genetics. It would not be the first time that the committee has sent a petition to Westminster.

No, but the clerk has reminded me that the petitioner's main concern is with civil law and obtaining an apology under that law. We could pass the Executive response and the petition to both justice committees—or the one that agrees to take it—and ask whether they are interested in pursuing the points raised in the petition. It is ultimately for them, not us, to handle the petition.

I agree, but what the petition suggests would require a change in civil law, which is a matter for one of the justice committees. Is it agreed that we refer the Executive's response and the petition to the justice committees, asking whether they are interested in taking up the issues involved?Members indicated agreement.