Midwives: Law on breastfeeding must be widened

Midwives and maternity groups are urging the Government to extend a new law to give mothers the legal right to breastfeed babies more than six months old in public.

Women already have some protection to breastfeed in places such as stations, restaurants and bars, but there are still cases of mothers being thrown out when staff complain that they are embarrassing other customers.

Harriet Harman, the minister for Women and Equalities, plans to make the law on breastfeeding more explicit in her forthcoming Equality Bill, so that mothers avoid being harassed by overzealous waiters or police.

She said the Bill would make clear that "it is not acceptable for women who are breastfeeding their babies to be shooed out of restaurants, public galleries or other public places".

The legislation would also cover public areas at the Palace of Westminster, although it is unclear whether it would legally extend to restricted areas used by MPs.

However, supporters of the law are worried that the extra protection for women to breastfeed in public will be limited to a child's first six months, which is written into existing laws covering maternity.

Janet Fyle, of the Royal College of Midwives, said: "All the evidence from the World Health Organisation and others points to the fact that breastfeeding for two years gives health benefits. We don't believe people can determine whether the child is six months or nine months old, or that you can't have a right to breastfeed in a restaurant if a child looks 11 months old. It really should be open-ended. We are trying to get the Government to clarify it."

Belinda Phipps, chief executive of the National Childbirth Trust, said: "We think having a six-month limit is utterly ridiculous. In Scotland, there is a two-year limit. We have said there is no need to put a limit on it."

Under existing laws, women who breastfeed in places such as restaurants or bars can be charged under public order or indecency legislation. Ms Harman is concerned that Britain has the lowest breastfeeding rate in Europe, despite a Department of Health campaign called "Breast is Best". Seventy-five per cent of mothers give a newborn baby breast milk but the proportion falls to 25 per cent after six months.

Dr Geoff Lawson, a paediatrician at Sunderland Royal Hospital, said: "Among the benefits [of breastfeeding] are immunity, optimal brain development and optimal growth – not to mention the social benefits of bonding between mother and baby. No one ever says breastfeeding is easy but it is so very, very worthwhile because of a huge number of proven benefits."

A cross-party group of MPs led by Sir Nicholas Winterton, the honorary vice-president of the Royal College of Midwives, have tabled a Commons motion calling for mothers to be given a legal right to breastfeed in public "with no limit on that right".

Ms Harman's spokeswoman said yesterday: "There is already implicit protection for maternity in a provision on the supply of goods and services. We are tweaking the legislation to make it explicit that it protects breastfeeding."

She said the limit of six months was already enshrined in existing laws covering maternity and the Department of Health was considering whether to extend it beyond six months.

Scotland passed the Breastfeeding (Scotland) Bill in 2004. Anyone who prevents a mother from breastfeeding is breaking the law and liable to a fine of up to £2,000.

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