The open debate on decriminalising abortion law will take place this week after Labour MP for Gower Tonia Antoniazzi tabled an amendment to the Crime and Policing Bill to decriminalise the process without ‘changing anything about provision of abortion care.’
The debate had been due to take place last year but the general election meant Parliament was dissolved before it could take place.
The existing law around abortion is 164 years old and currently criminalises abortion taking place before 24 weeks into the pregnancy without the approval of two doctors. It is estimated by campaigners police have prosecuted more than 100 women in recent years. Antoniazzi said the current situation was “unacceptable” and led to police prosecuting vulnerable women. MPs from across the political spectrum have put their names to the amendment ahead of the free vote.
Abortion is illegal in England and Wales under the Offences Against the Person Act of 1861. But it is allowed up to 24 weeks and in certain other circumstances under the terms of the 1967 Abortion Act. The amendment would decriminalise abortion at any stage by a woman acting in relation to her own pregnancy provided the current process of sign off by two doctors if the procedure takes place in a hospital or other healthcare setting, is followed.
“The police cannot be trusted with abortion law – nor can the CPS or the wider criminal justice system. My amendment to the crime and policing bill will give us the urgent change we need to protect women.”
said Antoniazzi.
A similar amendment by Labour MP Stella Creasey would make accessing an abortion a human right has been back by a cross section of MPs. MPs are likely to be given the option to vote for one or the other of the amendments.
The prime minister’s official spokesperson said the issue was a ‘matter of conscience’ and declined to day which way Sir Keir Starmer would votes
“It is important that women have access to safe and legal abortions on the NHS and this now includes taking abortion pills at home. This is an extremely sensitive issue and we recognise there are strongly held views on all sides of the discussion and by longstanding convention any change to the law in this area would be a matter of conscience for individual MPs rather than the government.”
The 1967 Abortion Act initially allowed abortions to take place up to 28 weeks in England and Wales. This was reduced to 24 weeks in 1990. Abortions after 24 weeks are allowed only if:
- the woman’s life is in danger
- there is a severe foetal abnormality
- the woman is at risk of grave physical and mental injury
