Thank you very much to those constituents who contacted me about the debate in the House of Commons on 17 June on abortion.

Clause 1 would mean that a woman cannot commit a criminal offence under abortion law for actions in relation to her own pregnancy. It would explicitly remove liability under two key provisions of the Offences Against the Person Act 1861 – administering drugs or using instruments to procure an abortion, or procuring drugs for that purpose – as well as under the Infant Life (Preservation) Act 1929. This is already the legal position in Northern Ireland, and so the vote was in effect to bring England and Wales in line with Northern Ireland.

After a debate, the amendment was carried by a very large majority of 242 votes.

I really do respect those who hold a different view on this important matter, but I decided to vote in favour of this change in the law. I have pasted below the speech that Tonia Antoniazzi made in moving her amendment and it seems to me that the case she made was very strong indeed.

Thank you very much indeed for getting in touch.

Best wishes

Rt Hon Hilary Benn
MP for Leeds South
Secretary of State for Northern Ireland

Tonia Antoniazzi MP :

Nearly five years ago, having suffered a rare complication in her abortion treatment, Nicola Packer lay down in shock, having just delivered a foetus at home. Later arriving at hospital, bleeding and utterly traumatised, she had no idea that her ordeal was about to get profoundly worse and that her life would be torn apart. Recovering from surgery, Nicola was taken from her hospital bed by uniformed police officers in a police van and arrested for illegal abortion offences. In custody, her computers and phone were seized, and she was denied timely access to vital anti-clotting medication.

What followed was a four-and-a-half year pursuit by the police and the Crown Prosecution Service that completely overshadowed Nicola’s life, culminating in her being forced to endure the indignity and turmoil of a trial. She spent every penny she had funding her defence. The most private details of her life were publicly aired, and she had to relive the trauma in front of a jury—all that ultimately to be cleared and found not guilty.

Nicola’s story is deplorable, but there are many others. Laura, a young mother and university student, was criminalised for an abortion forced on her by an abusive partner. He coerced her into taking abortion pills bought illegally online, rather than going to a doctor. Laura describes his violent reaction to her pregnancy: “he grabbed hold of me, pushed me against the wall, was just screaming in my face…pulling my hair and banging my head off the wall”.

Laura nearly died from blood loss as a result of the illicit medication he had coerced her into taking. When she was arrested, her partner threatened to kill her if she told anyone of his involvement. Laura was jailed for two years; the partner was never investigated by the police.

Another woman called an ambulance moments after giving birth prematurely, but instead of help, seven police officers arrived and searched her bins. Meanwhile, she tried to resuscitate her baby unassisted, who was still attached to her by the umbilical cord. While the baby was in intensive care, she was denied contact; she had to express breast milk and pass it through a door. She tested negative for abortion medication—she had never taken it. Rather, she had gone into spontaneous labour, as she had previously with her other children. She remained under investigation for a year.

One of my constituents discovered that she was pregnant at seven months—she had no symptoms. She was told that she was too late for an abortion. She had seen reports of women being investigated after miscarriages or stillbirths based on their having previously been to an abortion clinic. She spent the rest of her pregnancy terrified that she would lose the baby and be accused of breaking the law. When labour began, she even delayed seeking medical help out of fear. Each one of these cases is a travesty enabled by our outdated abortion law. Although abortion is available in England and Wales under conditions set by the Abortion Act 1967, the law underpinning it, which dates back to 1861—the Offences Against the Person Act—means that outside those conditions, abortion remains a criminal offence carrying a maximum life sentence. Originally passed by an all-male Parliament elected by men alone, this Victorian law is increasingly used against vulnerable women and girls. Since 2020, more than 100 women have been criminally investigated, six have faced court, and one has been sent to prison. The women affected are often acutely vulnerable. Victims of domestic abuse and violence, human trafficking and sexual exploitation; girls under the age of 18; and women who have suffered miscarriage or stillbirth, or have given birth prematurely, have faced invasive and prolonged criminal investigations that cause long-term harm.

Jim Allister
(North Antrim) (TUV)

Can the hon. Lady advise us whether there is any other area of law governing the taking of life in which the guardrails of the criminal law have been removed? That is what new clause 1 proposes when it comes to the voiceless child. Is there no thought of protection for them?

Tonia Antoniazzi

The hon. and learned Member will know that the Abortion Act is not going to be amended. New clause 1 will only take women out of the criminal justice system because they are vulnerable and they need our help. I have said it before, and I will say it again: just what public interest is being served in the cases I have described? This is not justice; it is cruelty, and it has to end. Backed by 180 cross-party MPs and 50 organisations, and building on years of work by Dame Diana Johnson, my right hon. Friend the Member for Kingston upon Hull North and Cottingham—

Madam Deputy Speaker
(Caroline Nokes)

Order. I remind the hon. Member that she should not have referred to the Minister by name.

Tonia Antoniazzi

I do apologise, Madam Deputy Speaker. Every day is a school day.

My amendment, new clause 1, would disapply the criminal law related to abortion for women acting in relation to their own pregnancies. NC1 is a narrow, targeted measure that does not change how abortion services are provided, nor the rules set by the 1967 Abortion Act. The 24-week limit remains; abortions will still require the approval and signatures of two doctors; and women will still have to meet the grounds laid out in the Act.

Jim Shannon

Will the hon. Lady give way?

Tonia Antoniazzi

Not at the moment, but I will later. Healthcare professionals acting outside the law and abusive partners using violence or poisoning to end a pregnancy would still be criminalised, as they are now.

There has been a cacophony of misinformation regarding new clause 1, so let us be clear: if it passes, it would still be illegal for medical professionals to provide abortions after 24 weeks, but women would no longer face prosecution. Nearly 99% of abortions happen prior to 20 weeks, and those needing later care often face extreme circumstances such as abuse, trafficking or serious foetal anomalies. The reality is that no woman wakes up 24 or more weeks pregnant and suddenly decides to end her own pregnancy outside a hospital or clinic, with no medical support, but some women in desperate circumstances make choices that many of us would struggle to understand. New clause 1 is about recognising that such women need care and support, not criminalisation.

As Members will know, much of the work that I do is driven by the plight of highly vulnerable women and by sex-based rights, which is why I tabled new clause 1. I have profound concerns about new clause 106, tabled by the hon. Member for Sleaford and North Hykeham (Dr Johnson), which would remove the ability of women to have a consultation either on the phone or via electronic means, rowing back on the progress made in 2022 and again requiring women to attend a face-to-face appointment before accessing care. Introduced in 2020, telemedical abortion care represented a revolution for women and access to abortion care in this country. We led the world: evidence gathered in the UK helped women in some of the most restrictive jurisdictions, including the United States, to access abortion remotely. Here, the largest study on abortion care in the world found that telemedicine was safe and effective, and reduced waiting times.

The fact is that half the women accessing abortion in England and Wales now use telemedical care. Given the increases in demand for care since the pandemic, there simply is not the capacity in the NHS or clinics to force these women to attend face-to-face consultations. New clause 106 would have a devastating effect on abortion access in this country, delaying or denying care for women with no clinical evidence to support it.

What concerns me most about the new clause, however, is the claim that making abortion harder to access will help women in abusive relationships. Let me quote from a briefing provided by anti-violence against women and girls groups including End Violence Against Women, Rape Crisis, Women’s Aid, Solace Women’s Aid and Karma Nirvana, which contacted Members before the vote in 2022. They said:

“the argument that telemedicine facilitates reproductive coercion originates with anti-abortion groups, not anti-VAWG groups. The priority for such groups is restricting abortion access, not addressing coercion and abuse. Forcing women to carry an unwanted pregnancy to term does not solve domestic abuse.”

I could not agree more.

My hon. Friend the Member for Walthamstow (Ms Creasy), who tabled new clause 20, had a terrible experience today: she was unable to walk into Parliament because of the abuse that she was receiving outside and the pictures that were being shown. That was unforgivable, and I want to extend the hand of friendship to her and make it clear that we are not in this place to take such abuse.

While my hon. Friend and I share an interest in removing women from the criminal law relating to abortion, new clause 20 is much broader in terms of the scope of its proposed change to the well-established legal framework that underpins the provision of abortion services. While I entirely agree with her that abortion law needs wider reform, the sector has emphasised its concern about new clause 20 and the ramifications that it poses for the ongoing provision of abortion services in England and Wales. The current settlement, while complex, ensures that abortion is accessible to the vast majority of women and girls, and I think that those in the sector should be listened to, as experts who function within it to provide more than 250,000 abortions every year. More comprehensive reform of abortion law is needed, but the right way to do that is through a future Bill, with considerable collaboration between providers, medical bodies and parliamentarians working together to secure the changes that are needed.

That is what a change of this magnitude would require.

Simon Hoare

My friend the hon. Lady—I hope she does not mind if I refer to her as a friend—is making a clear point. She has drawn attention to a great deal of confusion and misrepresentation in respect of what she is trying to achieve in her new clause, and she has shared some heartrending examples. However, she has just said something with which I think the whole House would agree. In recent years, we have seen our legislative approach to abortion effectively as placing ornaments on a legislative Christmas tree, tacking measures on to Bills in a very ad hoc way.

I think she is actually right: this is a serious issue—I say this as a husband and as a father of three daughters—that requires serious consideration in a Public Bill Committee, with evidence from all sides and so on. Does she agree with me that, notwithstanding her laudable aims and heartfelt sincerity, it would be much better if these complex issues were dealt with in a free-standing Bill, rather than by amendment to a Crime and Policing Bill?

Tonia Antoniazzi

I thank my friend the hon. Member for his intervention, and I heard him make that point in an earlier intervention on the Minister. The fact is that new clause 1 would take women out of the criminal justice system, and that is what has to happen and has to change now. There is no way that these women should be facing what they are facing. Whether or not we agree on this issue, and this is why I have not supported new clause 20, a longer debate on this issue is needed. However, all that this new clause seeks to do is take women out of the criminal justice system now, and give them the support and help they need.

Jim Shannon

The hon. Lady and I have been friends for all the time we have been here. We had time last night to chat about these things, and we both know each other’s point of view. May I ask her to cast her mind back to telemedicine, if she does not mind? It is said that telemedicine is needed to protect vulnerable women who are unable to attend a clinical setting, but the risks are surely greater. Women may be coerced into abortions against their will with an abuser lurking in the background of a phone call, and pills can fall into the wrong hands, as we all know. Does she accept that, with all the protections she is putting forward to safeguard women, the one thing that does not seem to be part of this process is the unborn baby, and that concerns me greatly?

Tonia Antoniazzi

I thank the hon. Member for that contribution, and for the recognition that, while our voices and opinions differ across the House, we have respect for each other. I do not see this as a discussion about the Abortion Act or raising any issue relating to it, because this is the Crime and Policing Bill, and the new clause is only about ensuring that vulnerable women in those situations have the right help and support. That is the whole purpose of it; it is not about the issues that he would like to discuss now.

Mr Perkins

I absolutely recognise that my hon. Friend is coming from the right place on her amendment. I totally agree with her that a reform is needed, and she has raised some very powerful cases. She describes this as a very narrow change, but in actual fact she is asking us to ensure not just that in such cases the police should act differently, but that in every case ever no woman can ever be prosecuted. It is a hell of a leap for us to take, when this remains against the law, for her to say that these women, whatever the circumstances, must never be prosecuted. That is why I do not think I will be supporting the amendment, despite recognising that she is right that such a reform is needed. Can she say anything to explain why there must never be any prosecution ever?

Tonia Antoniazzi

Yes. I thank my hon. Friend for his intervention, because the truth is that we have to flip this around. No woman, or anybody, is deterred. This is not a deterrent. The criminal law does not work as a deterrent. These women are desperate and they need help. They may be coerced, or it could be just a stillbirth—it could be—but prosecution is not going to help the woman at any point.

Sam Rushworth (Bishop Auckland) (Lab)

I agree with my hon. Friend that these women need help, but I cannot imagine a more lonely and difficult experience than being a woman who has an abortion under the circumstances she is outlining, and I think that is a problem with new clause 1. Would it not actually make abortion much more dangerous and much more lonely by simply decriminalising the woman, but not those who may be there to give support? I cannot think of any other time when someone might be more in need of support.

Tonia Antoniazzi

I do not know of any woman who has had an abortion, at any stage, and taken it lightly. Any abortion at any stage of your pregnancy is a life-changing experience. That is why I do not take this lightly. That is why, whether it is six weeks, 10 weeks, 15 weeks or whatever, and whether it is in term or out of term, that experience of child loss, whether it is planned or not, stays with a woman for the rest of her life. I do not take this easily, standing up here with the abuse we have had outside this Chamber. This is a serious issue and these are the women who need the help. They need that help and they need it now. We cannot continue in this way. This very simple amendment to the Crime and Policing Bill would take the women out of that situation, and that is what I am seeking to achieve.

5.15pm
Mr Angus MacDonald (Inverness, Skye and West Ross-shire) (LD)

If a woman goes all the way through to full term and then decides it is an inconvenience, does the hon. Lady still think that she should be covered by this legal protection?

Tonia Antoniazzi

Wow. I would like to know if the hon. Member actually knows of any woman who would put themselves in that situation if there was not coercion or control of some kind. Obviously, a lot of research and conversations have been going on for years on this issue. I understand that people across the House have deeply held religious views—indeed, I was brought up a Catholic. My issue, from what I have been told, is this: how would that woman go about it? If it was by taking abortion pills, she would have a baby. Painting a picture of killing an unborn child in that way does not help to serve what we are doing in this place. We need to protect the women. [Interruption.] I need to make progress.

In the meantime, doctors, nurses, midwives, medical bodies, abortion providers and parliamentarians have come together to try to end the criminal prosecution of women on suspicion of illegal abortion offences. This is a specific and urgent problem, and one that is simple to fix. New clause 1 is the only amendment that would protect women currently at risk of prosecution and protect abortion services. That is why it has the explicit backing of every abortion provider and every organisation that represents abortion providers in England and Wales. The Royal College of Obstetricians and Gynaecologists, the Royal College of Midwives, the Royal College of General Practitioners, the Royal College of Psychiatrists and the Royal College of Nursing also endorse it. Numerous violence against women and girls groups, including the End Violence Against Women and Girls Coalition, Refuge, Southall Black Sisters, Rape Crisis England and Wales, Imkaan, and the Centre for Women’s Justice, are also behind new clause 1.

The public overwhelmingly support this change too. I implore colleagues not to lose sight of the moral imperative here: namely, vulnerable women being dragged from hospital bed to police cell on suspicion of ending their own pregnancies. This is urgent. We know that multiple women are still in the system awaiting a decision, accused of breaking this law. They cannot afford to wait.

We have a once-in-a-generation opportunity to put an end to this in a simple and secure manner. This is the right change at the right time, so I implore colleagues who want to protect women and abortion services to vote for new clause 1. Let us ensure that not a single desperate woman is ever again subject to traumatic criminal investigation at the worst moments of their lives. There must be no more Lauras. There must be no more Nicola Packers.”