Legal Rights to Access Abortion

Caroline Ansell Excerpts

Monday 28th November 2022 Westminster Hall

[Stella Creasy]

I recognise the debate that the hon. Gentleman is trying to tempt me into. I have no problem with our existing legislation, except the fact that it is rooted in a criminal foundation. For me, decriminalisation is of paramount importance and urgency. My point is simply that when we remove the criminal foundation from which all abortion legislation follows, we create a lacuna. I am arguing that entering human rights into that lacuna, as we have done in Northern Ireland, is the right thing to do, because I wish my constituents in Walthamstow to have the same rights as women in Belfast; and right now they do not.

The Bill of Rights—and, I would wager, this petition—is about the 21st century and how those rights are exercised. That does not mean that we would not have controls on how abortion is accessed or that there would not be a right to discussion about time limits; it means that there would not be criminal prosecutions—not just of the women, but of the doctors and medical people involved—and that the legislation would come from a healthcare perspective. We do not have these debates when it comes to vasectomies or ankle injuries, yet somehow when it comes to a woman’s body we have determined, as the right hon. Member for New Forest West has said, that Parliament should be involved.

[Caroline Ansell (Eastbourne) (Con)]

Did the hon. Lady really compare a vasectomy with an abortion? Does she see those procedures of equal and like standing, when one involves, as has been described by other Members, a second life, and she herself recognises that there is a point during a pregnancy at which those rights are conferred on the unborn?

[Stella Creasy]

The hon. Member should turn the question around. Why does she believe that it is acceptable for men to be able to choose to have a vasectomy, but a woman cannot choose what happens to her own body? Why do we deny women choice over their bodies, but we do not deny men? Forgive me, but I did biology at school, so I know that there are often two people involved in the creation of a baby. Surely we should hold men equally accountable, yet somehow we do not deny men rights to their bodies and bodily autonomy.

I will come to a conclusion, because I know that Members who have different views from mine wish to make their points. My point is simply thus: to argue that the Bill of Rights is the wrong vehicle for the right to abortion is to miss the point, because this right does not yet exist for women across Scotland, Wales and England. It does exist in Northern Ireland, and if we trust women in Northern Ireland, we should trust women in England, Scotland and Wales. If we recognise a human right in one part of the United Kingdom, surely we should recognise it in all.

I do not wish to be called a hijacker; I think that is slightly disrespectful towards parliamentary democracy. I recognise that there are people here who will never agree with a woman’s right to choose, and I believe they should be honest about that, because it would not matter whether it was a Bill of Rights, this Bill of Rights or any piece of legislation—they would not support it. But for those of us who do support women and who do recognise that the case for decriminalisation is long overdue, we have a responsibility to set out what comes next. I believe it is a human rights proposal, and I believe that all our constituents would benefit from that perspective and that approach to a healthcare issue. I hope that the Minister will clarify why this piece of legislation is acceptable for some freedoms and some rights, and whether the Government do not believe that a woman has a right to an abortion. If she does have a right to choose an abortion, they need to legislate for it.