Decriminalising Abortion

Alice Macdonald Excerpts

Monday 2nd June 2025 Westminster Hall

[Tony Vaughan]

I thank my hon. Friend for that statistic, which I was not aware of. Criminalisation involves traumatisation from the moment of investigation to charge, arrest and all the way through the system.

The time has come to abandon these outdated practices. I struggle to see how it can be a good use of the scarce resources in our criminal justice system to prosecute and imprison women in these situations. Our laws cannot be fixed relics of the past, but must reflect social attitudes and societal norms. A YouGov poll of 2,098 adults in September 2023 found that 52% of respondents believed that women should not face prosecution for having an abortion, while only 21% of respondents believed that prosecution was appropriate.

At the international level, and as the petition creator, Gemma Clark, has rightly reminded me, the World Health Organisation’s 2022 guidelines on safe abortion recommend removing medically unnecessary policy barriers to safe abortion, such as criminalisation. More than 30 organisations representing medical practitioners in this country support decriminalising abortion, including the British Medical Association, the Royal College of Nursing, the Faculty of Public Health, the Centre for Reproductive Rights, the Royal College of Midwives and the Royal College of Obstetricians and Gynaecologists. Dr Ranee Thakar, the president of the Royal College of Obstetricians and Gynaecologists, has said:

“Abortion that happens outside of the current law generally involves very vulnerable women—including those facing domestic abuse, mental health challenges or barriers to accessing NHS care. Yet alarmingly, prosecutions of women have been increasing in recent years…Abortion is an essential form of healthcare and should be subject to regulatory and professional standards like other medical procedures, not criminal sanctions.”

As I mentioned, Northern Ireland repealed provisions criminalising abortion. Similarly, my hon. Friends the Members for Gower (Tonia Antoniazzi) and for Walthamstow (Ms Creasy) have tabled new clauses to the Crime and Policing Bill that would disapply such provisions, eliminating the risk of prosecution for women who self-manage abortions or seek care beyond current legal limits. Under the new clause of my hon. Friend the Member for Gower, access to abortion services would remain exactly as it is, as I understand it, including time limits, grounds for abortion and the requirement for two doctors. My hon. Friend the Member for Walthamstow is in a much better position than me to talk about her new clause, which follows similar principles, so I will not stray into her territory by saying more at this stage.

The key point is that although we should maintain regulation, criminalisation is a very different matter. I appreciate that there are organisations passionately opposed to decriminalising abortion. I believe that decriminalisation does not mean deregulation. My hon. Friends the Members for Gower and for Walthamstow propose to maintain a body of rules on access to and provision of abortion, such as the existing time limit, which would remain in force.

Some people claim that decriminalising abortion would lead to significant increases in the number of women performing dangerous late-stage abortions at home, as the right hon. Member for Gainsborough suggested, but I think that would be highly unlikely. The latest figures available, from 2022, reveal that 88% of abortions were performed at under 10 weeks gestation. I have not seen, as I said in response to interventions, evidence to suggest that removing the criminal law deterrent would motivate swathes of women to have abortions after 24 weeks. Indeed, I have not heard of any campaigns in Northern Ireland to re-criminalise due to unforeseen consequences.

[Alice Macdonald (Norwich North) (Lab/Co-op)]

I thank my hon. and learned Friend for the excellent speech that he is making. Many of my constituents have contacted me about this issue, and I, too, support the new clauses. Does he recognise that decriminalisation would bring us in line with other countries, including France, Ireland, Canada and Australia?

[Tony Vaughan]

I thank my hon. Friend for her intervention, which is noted.