Fresh bid to 'decriminalise' abortion

MPs are expected to launch a fresh attempt to decriminalise abortion in the coming weeks by trying to amend the Crime and Policing Bill.

Speaking during the Second Reading debate on the Bill, Labour MP Tonia Antoniazzi said "The law underpinning abortion dates to 1861, before women even had the right to vote. Under this cruel and outdated law, around 100 women have been investigated by the police in the last five years alone. Another woman is set to go on trial in April this year."

In 2019, MPs voted to decriminalise abortion in Northern Ireland despite the fact that abortion is a devolved to the Northern Ireland Assembly.

Last year, MPs tabled an amendment to the Conservative Government's Criminal Justice Bill but the legislation fell because Rishi Sunak called a General Election.

Ms Antoniazzi went on to say "I hope that this Bill will provide us with the same opportunity to revisit this issue in the same collegiate way.”

To understand what the decriminalisation of abortion is about, you need to start with the Infant Preservation Act of 1861. This law offered strong safeguards and protections for preborn babies and their mums.

In 1967, the Abortion Act set out a range of exceptions to the IPA. It said that abortion could be given if certain criteria were met up to 28 weeks. By contrast the European average time limit is 12 weeks.

Then in 1990, MPs voted to reduce the time limit to 24 weeks, where it has remained ever since despite the huge advances in medical science and ultrasound technology since then. MPs also voted to allow abortion to term for 'serious disability'. This has been loosely interpreted to include treatable conditions like club foot.

We could say that at present, the law across England and Wales still offers some very minor and modest safeguards for preborn babies and women. For example, there have been a few prosecutions in instances where abortion has been procured beyond 24 weeks.

Decriminalisation aims to repeal sections from the IPA and thereby remove the final remaining safeguards that still exist in law.

CARE's view is that this approach is not right, for women or for babies.