Crime and Policing Bill

Catherine Fookes Excerpts

Report stage
Tuesday 17th June 2025 Commons Chamber

[Dr Johnson]

I agree with my right hon. Friend, and I shall come to coercion a little later. First, let me go back to new clause 1, which decriminalises the woman having an abortion in relation to her own pregnancy. It seems to me that what many wish to do is decriminalise abortion up until term. That is a legitimate position that some people take.

[Catherine Fookes (Monmouthshire) (Lab)]

I urge the hon. Lady to rethink what she is saying. There is nothing in new clause 1 that refers to abortion up until term. There would be no change to the abortion law—absolutely no change at all. We are not saying aborted to term, and it is extremely harmful for her to say that.

[Dr Johnson]

I thank the hon. Lady for her intervention. Currently, it is illegal for a woman to procure her own abortion between 24 weeks and term if the baby is healthy. If there is a problem, she has to have it done by doctors in hospital. Under the proposed new rules, we will have is a situation where a woman can legally have an abortion up until term if she wants to do so— [Interruption.] Yes, at any gestation. That is a completely legitimate argument. It is not one that I support or agree with, but it is a legitimate argument that people can make. If that is the case, they should have the courage of their convictions and make it.

--- Later in debate ---

[Rebecca Smith]

No, I will make some progress.

Those who champion new clause 1 claim that it is needed to stop arrests, long investigations and the prosecution of women, but it is important to highlight that prosecutions under sections 58 and 59 of the Offences Against the Person Act almost always relate to males inducing or coercing women into abortions. By decriminalising women, we would, by implication, also stop the opportunity to prosecute abusive or coercive males. To be prosecuted for aiding and abetting abortion, there needs to have been a case to answer in the first place.

Instead, I stand here to suggest a better route forward: new clause 106, tabled by my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson). She has rehearsed the arguments for that new clause excellently, but I will add that freedom of information requests have revealed that one in 17 women who took pills by post required hospital treatment—equivalent to more than 10,000 women between April 2020 and September 2021. Further investigation found that the number of ambulance service call-outs relating to abortion increased in London. They also increased in the south-west, where my constituency is, from 33 in 2019 to 74 in 2020—a 124% increase. That correlates directly with the removal of the need for a doctor’s appointment. At-home abortions were made permanent by just 27 votes in March 2022. Polling in June 2025 found that two thirds of women support a return to in-person appointments. I call on the House to support new clause 106.

[Catherine Fookes]

I rise to speak in support of new clause 1, tabled by my hon. Friend the Member for Gower (Tonia Antoniazzi), which would remove women from the criminal law on abortion. Before my election last year, I served as the director of the Women’s Equality Network Wales, and this issue has long been close to my heart.

Until very recently, violent men ending their partners’ pregnancies made up the bulk of prosecutions under this 1861 law, but recently we have seen a big rise in women being targeted, many erroneously. This is not a law that exists in Northern Ireland, Scotland, France, Canada, Australia, New Zealand or even, Members may be surprised to know, the most anti-abortion states of America, but it is increasingly used against women in this country.

I want to take some time today to speak about one of these women. I will call her Becca, which I stress is not her real name. I know about what happened to Becca because her mum and dad were horrified at what happened, and they want us to hear about the injustice this law causes and to think of Becca when we cast our votes later.

--- Later in debate ---

[Dr Caroline Johnson]

Will the hon. Lady give way?

[Catherine Fookes]

Due to time, I will not; I apologise.

When Becca gave birth, her baby was small and premature. She says the first hospital she stayed in was amazing, providing support for her, her partner and their baby. The second, however, made the decision—against professional guidance and rules on patient confidentiality —to report her and her partner to the police on suspicion of attempted abortion. One month after her child was born, Becca returned home to register the birth. The police swooped. Both she and her partner were arrested, her from her parents’ house and him from their baby’s cot side. They were held in police cells and interviewed under caution, without understanding what was happening or why.

When they were bailed, social services visited their house and told them they were not allowed to care for their baby without supervision, meaning that Becca could not breastfeed or hold her baby until her parents were approved as supervisors. During that visit, the social worker made a difficult situation even worse, telling the family their baby was deaf and blind as a result of the alleged abortion attempt. The baby was not. This casual cruelty by a social worker caused immense distress. Fortunately, Becca, her partner and her baby are now doing well. Social services agree that they are good parents and are no longer monitoring them.

I imagine that many Members across the Chamber today had never thought this kind of cruelty existed under abortion law in this country. I know that I had never considered it. The truth is that the current legal framework harms women and girls when they are at their most desperate, and the only people who can stop it are us here in Parliament today. While changing the law by voting through new clause 1 today cannot erase what happened to Becca and her family, it can stop it happening to any more women. I urge Members to keep women like Becca in the forefront of their minds when they vote. Think of Becca and vote for new clause 1.

[Sir Edward Leigh (Gainsborough) (Con)]

My concerns about these amendments were such that I and others commissioned a leading King’s Counsel to draft a legal opinion regarding their effects. Let me inform Members of his conclusions. I begin with new clause 1. The KC confirms that, under new clause 1, in practice,

“it would no longer be illegal for a woman to carry out her own abortion at home, for any reason, at any gestation, up to birth.”

I note that the hon. Member for Gower (Tonia Antoniazzi) acknowledges in her explanatory statement to new clause 1 that her amendment applies “at any gestation”—that is, up to full term.

Let us be clear what this means. Under new clause 1, women would be able to perform their own abortions—for example, with abortion pills, which can now be obtained without an in-person gestational age check—up to birth, with no legal deterrent.