A law change aimed at decriminalising abortion will be debated in the House of Commons on Tuesday. Two Labour MPs, Tonia Antoniazzi and Stella Creasy, have tabled rival amendments to the Crime and Policing Bill.
The current law in England and Wales states that abortion is illegal but allowed up to the first 24 weeks of pregnancy and beyond that in certain circumstances such as if the woman’s life is in danger. Abortions have to be approved by two doctors, who check if one of a list of criteria have been met – for example, if the pregnancy poses a risk to the physical or mental health of the woman.
Recent law changes have allowed women to access pills to be taken at home to terminate their pregnancies under 10 weeks. In 2022, the most recent data available, 252,122 abortions were reported in England and Wales – the highest number since records began. Abortion providers have reported receiving 100 requests for medical records from police officers in relation to suspected abortion offences in the last five years.
Last year, abortion provider MSI told the BBC, it was aware of 60 criminal inquiries in England and Wales since 2018, compared to almost zero before. Six women have appeared in court in England charged with ending or attempting to end their own pregnancy outside abortion law, in the past three years.
Tonia Antoniazzi’s amendment aims to prevent women from being investigated, arrested, prosecuted or imprisoned for terminating their own pregnancies. She has argued that the investigations are “dehumanising and prolonged and the women forced to endure them are often extraordinarily vulnerable”.
Her amendment would maintain punishments for medical professionals and violent partners who end a pregnancy outside of the existing law. It has received the backing from 176 MPs and the main abortion providers. The Society for the Protection of Unborn Children has said the amendment is an “extreme and dangerous proposal” that would “effectively decriminalise abortions”.
Stella Creasy has put forward a rival amendment which would enshrine abortion access as a human right and also aims to prevent women who have terminated their own pregnancies from being investigated. Creasy has said her amendment goes further than her Labour colleague’s proposal, by offering “protection to all those involved in ensuring that women can access safe and legal abortions”.
Creasy has argued that Antoniazzi’s amendment would not stop the authorities investigating “the partners of people who had an abortion or the medics who provided the abortions and it would not prevent demands for women to give evidence as part of that process”. It is backed by 108 MPs but not abortion providers. Rachael Clarke from the British Pregnancy Advisory Service has said Creasy’s amendment is not the right way to achieve “generational change”.
The Society for the Protection of Unborn Children has described Creasy’s amendment as “even more extreme” than that of Antoniazzi’s adding: “There’s no way to bring an abusive partner who causes the death of an unborn baby to justice.”
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