Reproductive Health (Access to Terminations)

Proposed by Diana Johnson

I beg to move, That leave be given to bring in a Bill to regulate the termination of pregnancies by medical practitioners and to repeal certain criminal offences relating to such terminations; and for connected purposes. In England and Wales, women have a legal route to an abortion through the Abort… I beg to move, That leave be given to bring in a Bill to regulate the termination of pregnancies by medical practitioners and to repeal certain criminal offences relating to such terminations; and for connected purposes. In England and Wales, women have a legal route to an abortion through the Abortion Act 1967, introduced by David Steel as a private Member’s Bill, but 50 years on it is right that the House has the chance to address one fundamental issue that the Act did not address. Abortion remains a criminal offence in this country, even if it is carried out early in the term, for the woman who has the abortion and anyone who assists her. Under sections 58 and 59 of the Offences Against the Persons Act 1861 and other legislation, termination of a pregnancy carries the maximum sentence of life imprisonment. That is the harshest criminal penalty of any country in Europe, underpinned by a Victorian criminal law passed before women even had the right to vote, let alone sit in this place. The Abortion Act 1967 did not change the fundamental fact: it merely set out circumstances under which abortion could be legal—for example, the need for two doctors’ signatures that specified conditions have been met, including a time limit now set at 24 weeks and, in exceptional circumstances, the conditions for abortions post-24 weeks. Unlike in other countries, that means that abortion remains illegal except in the limited circumstances in the Act. No other medical procedure is governed by legislation that old or that out of step with clinical developments and changing attitudes. I want the House to reflect on the following comments from women who have sought help from online organisations to buy abortion tablets—something that no one would have imagined in 1967, let alone 1861—as, in so doing, they are committing criminal offences under the 1861 Act. The first woman says: “I live in rural England and have no friends and the relatives I have I am not close to. I was hoping to have a termination in the comfort of my own home without judgmental eyes and without worrying about my husband knowing. I fear what would happen if he did. I have 3 children and my 3rd is 11 months old. I considered an abortion when he was conceived and had a terrible pregnancy and am still suffering from post natal depression. I will try to seek help, anonymously if possible. I’m in great need of help.” Another woman says: “I have visited my GP last week and he referred me to my local NHS service. They can only offer me a medical abortion with three visits to the hospital on separate days. On the second visit I am expected to stay there all day. I work full time and have two young sons so getting all that time off and childcare is going to be very difficult, probably impossible.” Dr Rebecca Gomperts, the director of Women on Web, said about English women seeking help online: “Yes, we get them all the time. We had an Islamic girl forbidden from leaving the house without a chaperone. How is she going to get to an abortion clinic? She can’t. For her, her only option might be that she could get the medicine sent to her by post.” Due to the accessibility of medication now available online, women are more than ever before at risk of breaking the law, and a few prosecutions have already happened. I wonder if any of us truly believe that those women, in such difficult circumstances, really should be seen as criminals. Let me be clear that decriminalisation will not mean deregulation. Parliament can decide to retain existing safeguards within a decriminalised environment, including the existing time limit of 24 weeks. Abortion would remain subject to the same complex mass of general, criminal, civil, administrative and other legal provisions that govern all medical procedures. I ask that hon. Members also consider the fact that Poland, a traditionally Catholic country, does not criminalise women for having an abortion, and even the United States has not criminalised women for h

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