Decriminalising Abortion

Jim Shannon Excerpts

Monday 2nd June 2025 Westminster Hall

[Tony Vaughan]

My hon. Friend is right, and of course it was a 2018 Supreme Court decision that showed that the rules that were then in force in Northern Ireland violated the human rights of women. That has to be at the centre of our considerations.

Let me finish listing the exceptions so that I can get to the point. Risk of grave or permanent injury, risk to the mother’s life and substantial foetal abnormality are exceptions without any gestational time limit.

[Jim Shannon (Strangford) (DUP)]

Will the hon. and learned Gentleman give way?

[Tony Vaughan]

I will press on, because I am conscious of the time. Maybe we will come back to this.

[Jim Shannon]

We have three hours.

[Tony Vaughan]

All right then.

[Jim Shannon]

The reason I knew that is because before the debate I checked with you, Mr Vickers, that we would have ample time to speak. It is important to put something on the record about the abortion legislation in Northern Ireland. I say this respectfully to the hon. and learned Gentleman, who knows that that is the way I always try to make my points: the legislation in Northern Ireland was imposed by Westminster because we did not have a Northern Ireland Assembly that was working at the time. The elected representatives therefore could not have an input into the process, and, according to the polls, the people of Northern Ireland were very much against the type of legislation coming in. He refers to the Northern Ireland legislation, but it is Northern Ireland legislation that the Government here imposed; Northern Ireland had no input into it.

[Tony Vaughan]

I thank the hon. Member for his intervention. I come back to what I said to the right hon. Member for Gainsborough: whatever the position at the time of the law’s coming into force, I am not aware of there being a movement or democratic support for changing the law back to what it was before. When we talk about whether laws meet the current standards and societal norms, that is the most important thing.

Let me turn to how the law is applied in England and Wales. Until 2022, it was believed that only three women had been convicted of having an illegal abortion in the 150 years since the 1861 Act, under which most illegal abortions are prosecuted, but there has been a recent increase in the prosecutions of women for procuring miscarriage under the Act. The Crown Prosecution Service reports that in the period January 2019 to March 2023, six people were charged with child destruction and 11 were charged with procuring miscarriage under section 58 of the 1861 Act.

One of those people was Nicola Packer, who took home abortion medication following a teleconsultation, believing that she was less than 10 weeks pregnant. She was in fact 26 weeks pregnant, and was accused of having an illegal abortion. On 7 November 2020, she was in hospital. The next day—

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[Jim Shannon (Strangford) (DUP)]

It is not often that I come to Westminster Hall and find myself the first person to be called after the Member in charge, in this case of the petition. I am pleased to be able to comment on where we are on the petition. In this world, I try to be respectful to everyone—that is the nature of who I am and what I do. I probably have a very different opinion from the hon. and learned Member for Folkestone and Hythe (Tony Vaughan), who spoke on behalf of the petition, and other Members who will speak afterwards.

It is one of the quirks of this place and our procedures that we find ourselves debating this petition today, when in all likelihood we will have a similar debate in the next few weeks on new clauses tabled to the Crime and Policing Bill in the main Chamber. Our debate today is almost a rehearsal for what will come in a few weeks’ time. You will be pleased to hear, Mr Vickers, that I will not digress too much into discussion of the specifics of the new clauses, but it is safe to say that they are deeply concerning to me and many thousands of my constituents. I referred to where we are and our position in Northern Ireland. My constituents have made me aware of their position, so in speaking today I will represent that and the position of many other constituents across Northern Ireland.

I should say at the outset that I find it tragically ironic that proposals have been made to further liberalise a law here in part on the premise that the law is more liberal, more permissive, and supposedly more progressive in Northern Ireland. That suggestion has been made today. Of course, the change to the law on abortion in Northern Ireland was only brought about as a result of overreach—I use that word on purpose—by Westminster, undermining the constitutional value of Northern Ireland and its elected representatives, who should have been allowed to make decisions on this matter. On a personal level and on behalf of my constituents, it is important to place that on record in this Westminster Hall debate.

Hon. Members know my position on abortion; it is a matter of public record. In coming up to 15 years here, there has not been a question or a debate on this subject that I have not participated in or had a question on in the Chamber. That is for the record. I will not go into much detail, save to say that in my view every abortion is a tragedy for both the woman and the unborn child whose life is cut short. I hope that my view will be respected in this debate, as I respect those who hold a very different view from my own. This is a very sensitive subject and deserves to be considered in that light, but it is also important that we consider this debate in the round.

There is no right to abortion in international law. It is worth noting at the outset that, contrary to what seems to be a popular belief both in the media and among some hon. Members, even academics who take an opposing view to mine on abortion acknowledge that there is no right to abortion directly enshrined in any key international human rights instrument. That is their opinion. I put that on the record as well, because it is important to discuss these matters in full. Although this is often cited as the impetus and imperative for change in the UK, the recommendations of the Committee on the Elimination of Discrimination Against Women are not binding on the United Kingdom. We can and should determine our own laws on this subject. It is neither required nor determined that we should go down the path of further liberalisation.

Abortion is not simply medical treatment. This is not a simple matter—it certainly is not for me and my constituents and those of us who represent this point of view.

[Carla Lockhart]

My hon. Friend is making a very powerful point. In contrast, human rights laws grant protection to the unborn. The preamble to the UN convention on the rights of the child, to which the UK is a signatory, states that the child

“needs special safeguards and care, including appropriate legal protection, before as well as after birth”.

Does he agree with me that in every case both lives matter?

[Jim Shannon]

That is exactly the point. I thank my hon. Friend and colleague for that intervention. Her mind is the same as my mind and that of the people we represent across the Province and in our constituencies.

Abortion is not simply a medical treatment. It is not a simple matter. One of the underlying rationales behind the push for decriminalisation of abortion is worth addressing. Abortion is not a mere medical treatment that should be treated akin to other matters of healthcare. However uncomfortable this may be to confront, my view and the biological reality is that there is more than one life involved in any abortion. It is essential that that is reflected in the law and in the penalties that result from breaking that law. Of course, laws send messages and shape culture.

[Emily Darlington]

I completely agree that we need to be respectful in this debate as people hold views on all sides. But does the hon. Member agree with me that when we criminalise women, their bodies and abortions, we get absolutely mad circumstances as we have seen in the US, where a woman cannot be saved in the emergency room or in A&E because it might facilitate losing the child, or she is kept alive by machines against her family’s wishes just because she was nine weeks pregnant at the time of her accident?

[Jim Shannon]

I thank the hon. Lady for her intervention. I understand the point that she makes. I mentioned earlier that in every abortion two lives are involved. There is the life of the mum and the life of the baby—two lives that have to be considered. We also have to be concerned about backstreet abortions and where they can sometimes lead.

Laws, as I said, send messages and shape culture. More broadly, they are a reflection of our core values as a society. Although calls for abortion decriminalisation are repeated and vocal, I truly think—I say this with great respect—that many people do not understand the implications of decriminalising abortion. The hon. Member for Walthamstow (Ms Creasy) has her opinion and I have mine—I certainly have a different interpretation of what she refers to.

[Ms Creasy]

I hope the hon. Member knows that, although I disagree with him on this matter, I have always done so respectfully, and fought for his right to be heard. However, I want to challenge him on the idea that we can have only an opinion on what actual decriminalisation and the human rights framework would look like. We have seen what it looks like in Northern Ireland since 2019, and we now have a body of work by a commissioner at the Northern Ireland Human Rights Commission, including court cases in which she has intervened to uphold that human right, to see the implications of decriminalisation. We may differ on whether the impact is one we would like to see in this society, but we cannot deny that there is now a body of evidence about what a human rights framework and approach to abortion access would look like.

[Jim Shannon]

I thank the hon. Lady for that. She and I have debated this at some length over the years from two different points of view. I think that decriminalisation leads to deregulation, and I have concerns about where we will end up. As I said, I aim to represent the views of my constituents, as well as the views of other Members’ constituents. Another three hon. Members from Northern Ireland who have similar views to my own have been driven by their constituents to respectfully give their point of view in the Chamber today.

Decriminalising abortion by disapplying the provisions of existing penalties under sections 58 to 60 of the Offences Against the Person Act 1861, or the Infant Life (Preservation) Act 1929, or by repealing these provisions altogether, would be a seismic change. I use the word “seismic” on purpose, because I believe it reflects the size and magnitude of what has been proposed. To be clear, regardless of whether the specific provisions of the Abortion Act 1967 are touched on by amendments to other legislation, gutting the laws that underpin that Act would have the same effect. Depending on the model of decriminalisation, the effect could be wide enough to include de facto access to abortion for woman up to the point of birth for any reason. There would, for example, be no enforceable prohibition on abortion on the basis of the sex of the unborn baby that would have criminal repercussions.

[Alex Easton (North Down) (Ind)]

Does the hon. Member agree that Britain already has very liberal abortion laws? It is double the 12-week average in any member of the European Union. Polling by Savanta ComRes, a highly respected polling company, has shown that 70% of women support a reduction in the abortion time limit, and 91% want an explicit ban on sex-selective abortions.

[Jim Shannon]

I thank the hon. Member for his intervention. Many moons ago, we were friends in the Northern Ireland Assembly, as well as the council, and we are still friends at Westminster. I am aware of the Savanta ComRes polls, which were taken over a period of time. They cannot be ignored, because they provide focus for where we are.

Without criminal repercussions, or new restrictions on abortions that are carried out by a woman or a malignant professional up to birth, are we truly ready to take such a radical step? I do not want to belabour the point, but I find it deeply worrying that a child born prematurely, for example at 22 or 24 weeks, would be treated as a legal person with full rights, while decriminalisation would permit abortion at the same gestational age with no legal recourse.

I said earlier that there are two people in this: the mother and the baby.

[Ms Creasy]

Under our current criminal legislation, there are exemptions from prosecution for abortions that take place up to 24 weeks, and in some instances further, if there is a threat of death to the mother or the child. What the hon. Member is talking about are the 3,000 abortions that happen every year after someone has had the worst news possible—when they are told after their 20-week anomaly scan that the baby they really wanted will not make it past birth. I do not think the hon. Member is a cruel man, and I do not think he wishes to advocate that women should be forced to carry children they know will die to term, but that is not affected by our current regulations. He is putting at risk women’s access in that moment by advocating a reduction in the time limit.

[Jim Shannon]

Obviously, the hon. Lady and I have slightly different opinions about decriminalisation. I have been concerned over a period of time, and still am, about examples of cases involving Down’s syndrome children, including one in Northern Ireland—a lovely, young Down’s syndrome child who would not be here today had her parents not decided to ensure that she had the opportunity to have a life. We are talking about those things. Ultimately, we are talking not solely about what is ethically or morally good or bad, or right or wrong, but about what would be permissible under the law without criminal sanction. That is what I and other hon. Members are talking about: the reality in law, and an increase in late-term unsafe abortions.

Decriminalisation sounds innocuous but, as the hon. Member for North Down (Alex Easton) referred to, when the public is polled on its effect, the results are plain: only 1% of the public support abortion being permitted up to birth, which is what decriminalisation of abortion would permit without legal consequence, against the views of the majority—99% of people. Hon. Members may be interested to learn that following the decriminalisation of abortion in New Zealand in March 2020, which my hon. Friend the Member for Upper Bann (Carla Lockhart) referred to, late-term abortions—those occurring after 20 weeks gestation—increased by 43% compared to the previous year. That is not scaremongering; it is evidential fact. We are asking that all hon. Members take on board that information.

As the evidence from overseas shows, the risk of decriminalising abortion is not only that more abortions may take place but that the dangerous, unsafe abortions that supposedly prompted the introduction of the Abortion Act 1967 in England and Wales will occur. To date, none of the legislative proposals for decriminalisation, including the proposed new clauses of the Crime and Policing Bill, contains safeguards that would effectively guard against women seeking abortions while subject to coercion or abuse. Given the operation of the pills-by-post system, it is also not clear to me or to some hon. Members in this Chamber that there can be any guarantee that a woman’s gestational age or her general health would be effectively ascertained under a decriminalisation regime.

Whatever view we take on the principle of abortion, there is a general public consensus that fewer abortions taking place is a good thing, so I am concerned that the decriminalisation of abortion would lead to the normalisation of late-term—or at least later-term—abortions, and have a chilling effect on the broader discussions about the viability and value of life.

I am coming to the end of my speech—we have three hours for the debate, but I am conscious that other hon. Members want to speak. Given the ready availability of pills by post without the requirement for an in-person consultation—which I believe is critical—the bitter irony of the decriminalisation of abortion is that it would place women at greater risk of harm. Not all choices should be entirely free or unfettered. We accept limits to our choice in many areas of law, and this one should be no exception. The criminal law on abortion safeguards women by providing clarity and a regulatory framework. Decriminalisation does the opposite, and in a way that is much more damaging and much more critical to the debate. Decriminalisation is not a simple matter of choice and autonomy. If we reduce the debate to that, we will fail in our duty to protect women and the babies.

I urge hon. Members, irrespective of their views on the principle—which, as I said, may be very different from my own—to consider the full ramifications of decriminalisation of abortion. It will harm more than help, and those who suffer will be women who endanger their own safety and that of the unborn children, who are equally important. We must protect both equally. Decriminalisation of abortion would fail to accomplish that.

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[Ms Creasy]

I am sorry that the hon. Lady feels like that. I hope she heard my words to her colleague, the hon. Member for Strangford (Jim Shannon). I have always—it is on the record—defended the right of people who disagree with abortion to make their argument. I have always—[Interruption.] The hon. Lady is chuntering from a sedentary position. I have always defended the right of people to disagree. What I do not do is defend the right of people who disagree to harass.

Let me talk about another example of where abortion access is under threat. We fought tooth and nail in the previous Parliament to put safe access zones to abortion clinics in place. We absolutely uphold people’s religious liberties, but no one has a religious right to pray anywhere they like that trumps the human right of privacy that a woman has when she has made the choice to have an abortion to go to a clinic. My hon. Friend the Member for Bournemouth East (Tom Hayes) set out the consequences of that.

Nothing in new clause 1 would protect buffer zones. New clause 20 would explicitly protect buffer zones, because the Northern Ireland Human Rights Commission has intervened to protect buffer zones as part of human rights legislation. Some may argue, “Don’t worry: because she made that ruling and fought that case for us in Northern Ireland, we can apply it to England and Wales.” New clause 20 would put that beyond doubt. It is therefore not some untried and untested mechanism for defending abortion; it is about recognising that, if we want to protect abortion access, we have to repeal the relevant legislation and then say what happens next.

[Jim Shannon]

Will the hon. Lady give way?

[Ms Creasy]

I will of course give way—the hon. Gentleman gave way to me.

[Jim Shannon]

I cannot let the occasion pass without putting it on the record that silent prayer is very much just that: a silent prayer between the individual and their God. Nothing is ever said. With respect to the hon. Lady, it is totally erroneous for her to say that a silent prayer is wrong.

[Ms Creasy]

I understand the position that the hon. Member is taking. Many of us believe that somebody standing at an abortion clinic and feeling the need to pray there, rather than in a church or 150 metres away from the abortion clinic, is not silently praying but intervening on the privacy of the person accessing an abortion zone. That is why this Parliament—[Interruption.] I can hear the hon. Gentleman chuntering. I want to make some progress, but let me be very clear: those of us who recognise that safe access zones balance rights in the best way recognise that the hon. Gentleman is not alone in continuing to attack them. The vice-president of the United States has sought to attack our nation’s ability to protect women’s access to abortion clinics via safe access zones. The threat that we are facing is therefore not theoretical.