DOCTORS have prescribed the contraceptive pill to girls as young as 10, according to research that will reignite the debate over the spread of underage sex in Scotland.

At least two 10-year-olds are among 23 girls under 13 who have been given the pill by GPs in Scotland. It is the first time such data have been disclosed and provoked criticism that doctors may be condoning underage sex or even abuse.

The disclosure has prompted demands for an investigation that could lead to the doctors being charged with breaking the law. In Scotland, having sex with a girl under 13 is classified as statutory rape because they are not considered old enough to consent. The offence carries a maximum life sentence.

The British Medical Association and General Medical Council tell doctors they can prescribe the pill to girls of any age if they are deemed mature enough to make the decision. If they are aged under 13, the doctors are expected to report it to the police or social workers responsible for children at risk. It is not known whether this happened in the 23 cases or whether the children’s parents were informed.

“One of the worries that we clearly have is that these people who are under 13 on the oral contraceptive should be reported to social workers because they are being subjected to rape,” said Dr James McLay, a clinical pharmacologist at Aberdeen University who led a study on the issue.

Andy Kerr, the health minister, is under pressure to conduct an immediate investigation. “I am astounded by this, I can’t understand for the life of me why any child of this age would be prescribed contraception. It is highly unethical,” said Shona Robison, health spokeswoman for the Scottish National party.

“The health minister should make sure that clear guidance is issued by health boards to ensure this practice ceases. The legality of prescribing contraceptives to girls who are underage and therefore not able to consent to sex is something that the the Scottish executive must also examine.”

The study, to be published in the Archives of Disease in Childhood medical journal, involved an analysis of the prescribing records of every family planning clinic in Scotland as well as 161 GP practices, covering more than 35,000 girls. It showed that nine girls under 13 had been prescribed the pill at family planning clinics and 14 at GP surgeries in the past year.

Family planning clinics refused to provide a breakdown of the girls’ ages, but GPs’ records showed oral contraceptives were given to two 10-year-olds, three 11-year-olds nine 12-year-olds and 35 13-year olds. In total, 1,376 girls aged under 16 were given the pill.

Paul McBride, vice-chairman of the Criminal Bar Association, said there is serious concern that GPs are acting illegally. “If a doctor was to provide a girl aged 12 or under with a contraceptive pill he would be complicit in the fact that she is having sexual intercourse,” he said.

Dr Mary Church, joint chair of the BMA’s Scottish GPs’ committee, said: “I am confident that GPs will not have taken the decision lightly. There could be abuse or child prostitution involved.”

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