Decriminalising Abortion

Debate between Edward Leigh and Tony Vaughan

Monday 2nd June 2025 Westminster Hall

[Tony Vaughan (Folkestone and Hythe) (Lab)]

I beg to move,

That this House has considered e-petition 700014 relating to decriminalising abortion.

It is always a pleasure to serve under your chairship, Mr Vickers. The petition creator is Gemma Clark, and this is what it says:

“I am calling on the UK government to remove abortion from criminal law so that no pregnant person can be criminalised for procuring their own abortion.”

Gemma became involved in campaigning on this issue during the pandemic. She was particularly alarmed by the tactics of some campaigners harassing women trying to access abortion in Scotland. She also has a friend who experienced a stillbirth but was investigated by the police.

Gemma is worried that there is a lot of misinformation about abortion, especially late-term ones, and that that is linked to the rise of extreme ideologies and misogyny. She is a primary school teacher and is fearful that the young girls she is educating now will have fewer rights when they grow up than she does. I thank Gemma and the more than 103,000 people from across the UK who signed her petition. That includes 152 from my constituency of Folkestone and Hythe. I also thank 55 of my constituents who emailed me to express their views on the issue. That has fed into this speech.

How is abortion criminalised in the UK? It depends on where we live. Abortion is, in effect, decriminalised in Northern Ireland, whereas long-standing laws maintain the criminalisation of abortion in England, Wales and Scotland with two main offences: procuring miscarriage under section 58 of the Offences against the Person Act 1861, and child destruction under section 1 of the Infant Life (Preservation) Act 1929.

[Sir Edward Leigh (Gainsborough) (Con)]

The hon. and learned Gentleman is describing the law. One of the justifications for the Abortion Act 1967 was that it would end back-street abortions; indeed, whether we like it or not, we have abortion on demand in safe environments. If the proposals we are discussing go ahead and, de facto, it becomes possible to have an abortion at home up to birth, does he not think that could endanger women’s health? Is he not worried about that, or are the movers of the petition not worried about that?

[Tony Vaughan]

I am not aware that following the decriminalisation of abortion in Northern Ireland there has been a strong current to re-criminalise it, which might be expected had a situation such as the right hon. Gentleman referred to actually occurred. It is not my understanding that that has happened.

For each of the two offences I described, sentences of up to life imprisonment apply. A person is guilty of the offence of child destruction when the pregnancy is of at least 28 weeks and they commit a wilful act to cause the child’s death; it is a defence if the act was done to preserve the mother’s life. The offence of procuring miscarriage can be committed at any stage of gestation when a person uses a poison or instrument to induce miscarriage. As the right hon. Member for Gainsborough (Sir Edward Leigh) said, there are defences, variously, under the Abortion Act when two registered medical practitioners authorise abortion in an approved clinic in broadly four situations. The first is when there is a risk of injury to the mother’s physical or mental health up to 24 weeks—that was the exception expanded during covid, so that women could access pills for medical abortions at home, following a consultation, for pregnancy of up to 10 weeks.