MPs voted last year to end the criminalisation of women who terminate pregnancies outside the legal framework. It was hailed as the biggest step forward for reproductive rights in England and Wales in six decades.
On Wednesday evening, abortion law will again come under the parliamentary spotlight when members of the House of Lords put forward their proposed amendments to the legislation.
What happened in the House of Commons in June?
Last summer, MPs voted to decriminalise abortion, with an amendment to the crime and policing bill – now adopted as a clause – put forward by Tonia Antoniazzi, a Labour backbencher. Support was overwhelming, with 379 in favour and 137 against.
Under the legislation, which is yet to be enacted, women who end their pregnancies outside the legal framework will not be prosecuted. That framework – which includes the need for two doctors’ signatures and has time limits at which terminations can be carried out – remains the same, and doctors who act outside the law still face prosecution.
Women are still being arrested. Do police have any discretion in this?
Harriet Wistrich, a solicitor and chief executive of the Centre for Women’s Justice, said police did have discretion over whether to make an arrest. Even if they believed a case may require investigation, they could instead invite a suspect to the police station for a voluntary interview.
How will the Lords decide which amendments go to a vote?
Amendments can be laid in the House of Lords until Tuesday, the day before they will be considered. The member who lays the amendment can choose to call a division – or put it to a vote. It is anticipated that there will be multiple votes on abortion proposals on Wednesday.
What are the main amendments?
Nine amendments have been laid on abortion so far, including proposals to have a police investigation of every girl under 16 who accesses a legal abortion and a proposal for the first new abortion offence in nearly 100 years. The key amendments are two broadly pro-choice and two broadly anti-abortion proposals.
What is the strikethrough amendment?
One amendment, proposed by Rosa Monckton, a prominent “pro-life” Conservative peer, is known as a “strikethrough” amendment, which seeks to delete the decriminalisation clause from the bill.
What are the amendments being proposed to telemedicine?
In an emergency measure passed during the pandemic, and later made permanent in legislation in 2022, women can access remote consultations for pregnancies up to nine weeks and six days. An amendment put forward by the Conservative peer Philippa Stroud seeks to end telemedicine and return to in-person consultations in all cases. A similar amendment put before the Commons in June was unsuccessful.
What is the pardon amendment?
Abortion offences are classed as violent crimes, meaning they will permanently be disclosed as part of a DBS check. Put forward by Glenys Thornton, a Labour peer and former health minister, this amendment would legislate to pardon women who have convictions or cautions for abortion offences and remove affected women’s details from police systems.
What does the cease and desist amendment seek to do?
Women who are under investigation now by police still face prosecution, even though the law may have changed by the time their cases come to court. An amendment put forward by Liz Barker, a Liberal Democrat peer, would expand the legislation to include women whose alleged offences were committed before the change in law, ensuring that any current investigations and prosecutions against women under abortion law are discontinued.
When is the crime and policing bill expected to become law?
The bill is expected to finish its passage through parliament in the coming weeks. If parliament votes to retain decriminalisation of abortion, it will become law on the day it receives royal assent.
