Decriminalising Abortion Debate

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Department: Ministry of Justice

Decriminalising Abortion

Alex Brewer Excerpts
Monday 2nd June 2025

(4 days, 21 hours ago)

Westminster Hall
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Alex Brewer Portrait Alex Brewer (North East Hampshire) (LD)
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It is a pleasure to serve with you in the Chair, Mr Vickers. I thank the Petitions Committee for selecting this timely topic for debate.

From my experience running a women’s refuge and serving on the Women and Equalities Committee, I have seen how our criminal justice system disproportionately lets down vulnerable women. Since 2020, 100 women and girls have been investigated by police on suspicion of having illegal abortions. Very concerningly, that number is rising.

New guidance from the National Police Chiefs’ Council reminds police officers to search women’s houses for drugs related to ending pregnancy and to seize their digital devices to check internet search history and messages to friends and family, and even to access health data through their menstrual cycle and fertility tracking apps—subverting the very tools that are designed to keep us healthy. The guidance goes on to suggest how police officers could bypass the requirements of a court order to access NHS medical records. Who are the suspects that need such interrogation? Often, they are women who have suffered stillbirths, miscarriages and premature labours. Can we honestly say that it is right for police to be targeting women for criminal investigation at a point of such trauma?

That is what happened to Sammy. After a traumatic birth, she was resuscitating her newborn baby when seven police officers arrived at her house, ahead of any paramedics or medical staff. Her home became a crime scene, and she became a suspect. The police raided her bins, suspecting that she had illegally taken abortion medication. Her phone, computer and all communication with her partner were blocked by police. She provided forensic samples that did not show the presence of abortion drugs, but despite that, she remained under police investigation for a year, during which time she was allowed only limited supervised contact with her baby. To those in this debate who emphasise the life of the child, I ask, what benefit does such separation from a mother bring to a newborn?

Sammy’s story is not an isolated incident; it is part of a disturbing pattern that is creating a culture of fear around women’s reproductive rights. Sophie, a teenager, was arrested in the middle of the night following a police raid on her parents’ home. She was held in custody for 19 hours. Despite her age and vulnerability, she faced two trials, and it took six years for the charge that she ended her own pregnancy to be dropped. Sophie is not the last. We have already heard of the case of Nicola Packer.

Emily Darlington Portrait Emily Darlington
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I thank the hon. Member for her powerful speech and for reminding us about the mothers who are absolutely traumatised; often, they have other children, who are also traumatised. The tactics being used by the police are increasingly worrying, and I wonder whether the hon. Member shares my worry that the escalation we have seen in the last few years seems to mirror the escalation in the United States? We do not want to be in a position like the US, where women are literally dying because healthcare professionals are worried about intervening, given that they could lose their licence and be put in jail.

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Alex Brewer Portrait Alex Brewer
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I absolutely agree; that is a fear that I share.

Nicola went to hospital to seek care, but was instead passed to the police. She was charged with carrying out an illegal abortion, a nightmare that lasted four and half years before she was acquitted unanimously by a jury. These incidents reflect a system that increasingly criminalises women for seeking healthcare, and we cannot let it continue.

Carla Lockhart Portrait Carla Lockhart
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The hon. Lady referenced Nicola Packer. Would she not say that the solution in that case is not decriminalisation, but to reinstate the gestational age checks for pills by post?

Alex Brewer Portrait Alex Brewer
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I thank the hon. Member for her intervention, but I do not agree.

To overcome the fear and anxiety that many women face when seeking medical support, we must instead build a society rooted in compassion and centred on safe, supportive healthcare, where such healthcare is treated as part of women’s services, and not treated with suspicion or stigma.

One route to decriminalising abortion is through new clause 1, which has been tabled to the Crime and Policing Bill. New clause 1 would bring England and Wales in line with Northern Ireland and countries such as France, Ireland, Canada and Australia, where women are not criminalised for abortion. The new clause is backed by End Violence Against Women, Refuge, Rape Crisis England & Wales, and many others. It would not change time limits or legal safeguards, but would simply remove the threat of prosecution for women.

As 88% of abortions in England and Wales occur before 10 weeks, the idea that decriminalisation would lead to many more late-term abortions is simply not supported by evidence. At a time when reproductive rights are under threat globally, we must act. Decriminalising abortion is a necessary step towards equality, compassion and justice.