Last night, the House of Lords voted to back abortion reform passed by MPs last year which will take abortion out of the English and Welsh criminal law for women in relation to their own pregnancies, voted in support of an amendment to pardon women who have been prosecuted under abortion criminal law, and fought off other anti-abortion amendments designed to limit choice and access. Humanists UK welcomes this as a milestone development for reproductive rights and applauds peers for championing and upholding dignity and autonomy.
What was voted on?
In a series of votes late last night, peers voted to retain Clause 208 in the Crime and Policing Bill after anti-abortion peers tried to overturn the clause that was added to the Bill by MPs following a historic and decisive (379-137) vote to treat abortion as a healthcare issue rather than a criminal one.
In a further victory for reproductive rights, peers adopted an amendment from Baroness Thornton, a member of the All-Party Parliamentary Humanist Group (APPHG) to pardon women who currently have police records or have been subjected to investigations and prosecutions for ending their own pregnancies.
A number of anti-abortion amendments were rejected by peers. Significantly, peers voted to protect the permanent provision of telemedicine for early medical abortions which has been shown to be safe, effective, and to improve access to care.
What does this mean?
Clause 208 of the Crime and Policing Bill, which takes abortion out of the criminal code in relation to women ending their own pregnancies, will not change wider abortion law or existing time limits, so will not affect when abortions are available to women. It will only end women being investigated and prosecuted for ending their own pregnancies, and make sure that women who end their own pregnancies will no longer face the threat of life imprisonment under the Victorian-era Offences Against the Person Act 1861.
Since 2020, around 100 women have faced police investigations, six have faced court, and one has been sent to prison on suspicion of illegal abortion offences. This high failure rate reflects the fact that many of these investigations have turned out to be into cases where women have complied with the law. Some investigations have been into women who have had miscarriages. This has been highly distressing for the women involved. Last year, the National Police Chiefs’ Council issued guidance instructing officers to examine women’s digital devices, including period tracking apps, when investigating pregnancy loss.
What next?
The Crime and Policing Bill will finish its journey through the Lords and then head to the House of Commons for consideration of Lords’ amendments. If these provisions remain unamended, they will come into force on the day the Bill becomes law. This will mean that women will no longer face police investigations for ending their own pregnancies at that time and that women who have been convicted or investigated under abortion law will be pardoned.
Humanists UK Director of Human Rights and Advocacy, Karen Wright, commented:
‘This is a landmark victory for bodily autonomy and compassion. By voting to end the horror of women facing police investigations, and resisting attempts from anti-abortion peers who sought to undermine the will of MPs and restrict reproductive rights and access, the House of Lords has sent a clear message: abortion is healthcare, not a crime. We look forward to seeing this Bill receive Royal Assent, finally bringing our reproductive laws into the 21st century.’
Notes
For further comment or information, media should contact Humanists UK Head of Press and Campaign Communications Nathan Stilwell at press@humanists.uk or phone 0203 675 0959 (media only).
Read more about our work on sexual and reproductive rights.
Read our coverage of the Commons vote to decriminalise abortions for women.
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