Question to the Department of Health and Social Care:

To ask His Majesty's Government whether they have made an assessment of potential impacts of the decriminalisation of abortion on (1) clinical safeguards, (2) informed consent procedures, (3) access to alternative support services, and (4) the protection of vulnerable women.

The House of Commons has voted to add a clause to the Crime and Policing Bill which disapplies the criminal offences related to abortion for a woman acting in relation to her own pregnancy. These offences would still apply to medical professionals and third parties who do not abide by the rules set out in the Abortion Act 1967. The bill will now continue its progress through Parliament.

Informed consent is separate from the requirements set by the Abortion Act for two doctors to certify that a woman meets the grounds for abortion. Consent to treatment means a person must give permission before they receive any type of medical treatment, test, or examination. For consent to be valid, it must be voluntary and informed, and the person consenting must have the capacity to make the decision. These principles will continue to apply irrespective of whether abortion is decriminalised.

As part of standards set by the Care Quality Commission, abortion services must be able to prove that they have processes in place to ensure that all women and girls are seeking services voluntarily. It will also remain a requirement for an abortion service, as laid out in the Department’s Required Standard Operating Procedures, that staff should be able to identify those who require more support than can be provided in the routine abortion service setting, for example young women, those with a pre-existing mental health condition, those who are subject to sexual violence or poor social support, or where there is evidence of coercion.

Safeguarding is an essential aspect of abortion care, and abortion providers are required to have effective arrangements in place to safeguard children and vulnerable adults accessing their services. Providers must ensure that all staff are trained to recognise the signs of potential abuse and coercion and know how to respond. In addition, the Royal College of Paediatrics and Child Health has published national safeguarding guidance for under-18 year olds accessing early medical abortion services, which aims to ensure that robust safeguarding processes are embedded in all services. We expect all providers to have due regard to this guidance.

The Department is continuing to monitor abortion related amendments to the Crime and Policing Bill and will consider whether current arrangements are sufficient or if additional guidance is needed.