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<p>The Smith Commission considered the issue of the devolution of abortion carefully
and was ‘strongly of the view to recommend the devolution of abortion' and regarded
it as an 'anomalous health reservation.' The Smith Agreement said that ‘further serious
consideration should be given to its devolution and a process should be established
immediately to consider the matter further.’ That process took place between the UK
and Scottish Governments and resulted in an amendment to the Scotland Bill to devolve
responsibility for abortion law to the Scottish Parliament. Since laying that amendment
the Government has been engaging with interested parties about how the process of
devolution will work and it will be for the Scottish Government to set out what approach
it will take once responsibility for abortion law rests with the Scottish Parliament.
The 1967 Act will continue to apply in Scotland unless and until the Scottish Parliament
chooses to legislate in this area, and the First Minister recently confirmed that
the Scottish Government have no plans to do so.</p>
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