Crime and Policing Bill Debate

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Department: Home Office
Lizzi Collinge Portrait Lizzi Collinge (Morecambe and Lunesdale) (Lab)
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It is worth being absolutely clear about what new clause 1 would and would not do. It would simply remove the threat of prosecution for women who end their own pregnancy: it would not change the abortion time limit, which remains. The rules around telemedicine remain. The requirement for two doctors to sign off remains.

In recent years there has been what I consider to be a worrying rise in the number of people being investigated, prosecuted and even imprisoned under the law. These prosecutions are deeply distressing and, in most cases, entirely disproportionate. It is far more common for a woman to miscarry or to miscalculate the stage of her pregnancy than to wilfully break the law.

To fully address the question from my hon. Friend the Member for Chesterfield (Mr Perkins), I do not think it is right, in the context of what is actually happening in investigations and prosecutions, that any woman should be prosecuted. The harm caused by the number of investigations and prosecutions where it is absolutely not justified outweighs that.

Deirdre Costigan Portrait Deirdre Costigan (Ealing Southall) (Lab)
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A constituent came to see me yesterday and explained that when she was 16 she was coerced into a forced marriage by her family. She had not been allowed to have any sex education, so when she became pregnant she did not even realise. It was only when her mum noticed that she managed to access a legal abortion, but she told me that she could have been in a situation in which she would have had to get out of that marriage in order to have a late abortion. Does my hon. Friend think it would be in the public interest to go after women such as my constituent who were in forced marriages? Is that helpful?

Lizzi Collinge Portrait Lizzi Collinge
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I absolutely think it is not helpful to go against those women. New clause 1 would retain the criminal prosecution of men who force women to have an abortion, or indeed anyone who coerces a woman into having an abortion. One in eight known pregnancies end in miscarriage, yet we have seen women subjected to invasive investigations, delayed medical care and lengthy legal processes because they have had an abortion or a stillbirth.

Many colleagues have already spoken about the intense distress that legal proceedings inflict, whatever the circumstances. In the case of Nicola Packer, it took four years to clear her name. During that time, the scrutiny she faced was entirely dehumanising, with completely irrelevant matters treated as evidence of wrongdoing. For every woman who ends up in court, many more endure police investigations, often including phone seizures, home searches and even, in some cases, having children removed from their care. All that not only is distressing and disproportionate for those women, but makes abortion less safe. If women are scared of being criminalised, they will not be honest with their midwives, GPs or partner. Abortion is healthcare, and healthcare relies on honest conversations between care providers and patients.

I will rebut a bit of the misinformation that says that new clause 1 would allow abusive partners or others to avoid prosecution. That is simply not true. NC1 applies only to the woman who ends her own pregnancy. Healthcare professionals who act outside the law, and partners and other family members who use violence or coercion would still be criminalised, just as they are now, and quite rightly so.

The amount of misinformation about abortion is distressing—I have seen it within and without this Chamber. What are the facts? Some 88% of abortions happen before nine weeks. As a woman who has lost two very-much wanted pregnancies at about that stage, I am very aware of what that actually means physically, and of what stage the foetus is at then. Abortions after 20 weeks make up just 0.1% of all cases, and those are due to serious medical reasons. Women are not ending their pregnancies because of convenience.

NC1 would not change what is happening with abortion care, but it would protect women from being dragged through these brutal investigations, which are completely inappropriate in the majority of cases anyway. Women are extremely unlikely to try to provoke their own abortion outside the time limits. A criminal sanction for that, or a distressing and intrusive investigation, is entirely disproportionate. It is not in the public interest to subject these women to these investigations.

I will finish with this: women who have abortions, women who have miscarriages and women who have children are not distinct sets of women. Many of us will experience at least two of those things, if not all three. Let us stop making false distinctions and trying to pit groups of women against each other, and let us stop brutally criminalising women—many of them very vulnerable women—in the way that the current law does, because it serves no purpose. Today, we can end that.