Abortion Act 1967: 50th Anniversary

Diana Johnson Excerpts

Monday 6th November 2017 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

Fifty years ago, the noble Lord Steel and thousands of brave campaigners brought about a momentous change in women’s reproductive rights. It is hard to overstate the benefits that their campaign brought to women. Abortion has gone from being a leading cause of maternal mortality, shockingly responsible for 14% of maternal deaths—a fact that organisations such as the Society for the Protection of Unborn Children do not address when they call for the abolition of the 1967 Act—to being the most common medical or surgical procedure in the UK, one that a third of women will have had by the time they reach 45. We used to be a country where an estimated 87,000 to 100,000 illegal abortions took place every year and where unwanted pregnancies changed the lives of desperate women. Now, 200,000 women a year can access safe, free and legal services on the NHS.

The 1967 Act was a landmark piece of legislation. For a time, it made Britain one of the world leaders in reproductive rights, when this Parliament introduced a humane piece of law. I am disappointed that no Minister from the Department of Health or the Government Equalities Office has attended any of the events marking the enactment of this piece of legislation. I am also disappointed that Ministers have chosen to award funding raised from the tampon tax to Life, which argues for restricting women’s choices on reproductive rights, when so many wonderful charities could have benefited and used the money to empower women and support their choices.

[Paula Sherriff (Dewsbury) (Lab)]

I thank my hon. Friend for securing this important debate. When I debated with the pro-life charity Life on the radio recently, I was told that if a women it was helping went on to decide to have a termination, it would withdraw support, including housing, from that women. Does she agree that that is incredibly concerning?

[Diana Johnson]

Yes, that is incredibly concerning and I think it is a really bad decision of the Government to award money from the tampon tax to that organisation.

As this House tonight rightly marks the milestone of the Abortion Act, we should also reflect on whether the Act is still fit for purpose. The Abortion Act was never intended to be the end of the campaign for women’s reproductive rights. That point was put succinctly by the late Madeleine Simms, a former campaigner at the Abortion Law Reform Association and one of the architects of the original law. She said:

“The 1967 Abortion Act was a half-way house. It handed the abortion decision to the medical profession. The next stage is to hand this very personal decision to the woman herself.”

I want to turn to why the abortion law needs reforming. Britain’s abortion laws are governed not just by that 50-year-old Act, but by the 88-year-old Infant Life (Preservation) Act 1929 and the 156-year-old Offences Against the Person Act 1861. Taken together, this is the oldest legal framework for any healthcare procedure in the UK. It is a framework that, astonishingly, still treats the act of abortion as inherently criminal and punishable by life imprisonment. As I have mentioned, one third of women, and the healthcare professionals who support them, are stigmatised by these laws. As Madeleine Simms highlighted, the 1967 Act did not give women authority over their own abortions; it merely handed that authority to the medical profession, subject to the consent of two doctors. No other medical procedure requires the sign-off of two doctors, and nor does that requirement exist in most other countries in which abortion is legal.

While other healthcare areas have moved towards more patient-centred provision, with a better doctor-patient relationship, the provisions of the 1967 Act are, despite the best efforts of healthcare professionals, holding back similar progress in reproductive healthcare. Furthermore, as Professor Lesley Regan of the Royal College of Obstetricians and Gynaecologists said:

“No other medical procedure in the UK is so out of step with clinical and technological developments”.

Since 2014, the majority of abortions in England and Wales have been carried out medically, using pills. The 1967 Act was not designed with medical abortions in mind; it was passed when the overwhelming majority of abortions were carried out through surgical techniques.

I regret the fact that, in the 50 years since the Abortion Act was passed, Parliament has mostly shied away from debating issues such as those I have just set out. In March, the House of Commons heard the First Reading of my ten-minute rule Bill on the decriminalisation of abortion in England and Wales. In the 50 years before I introduced the Bill, previous MPs had introduced 11 Bills to amend our abortion laws—seven were private Members’ Bills and four were, like mine, ten-minute rule Bills. All 11 attempted to restrict abortion in some way; not a single one was about improving provision or better supporting women. It seems peculiar that for a procedure so common—one that affects a third of women—the overwhelming parliamentary focus has been on ways to restrict the practice. Had this procedure affected a third of men, it is hard to imagine that we would have debated it in the same way.

[Kate Green (Stretford and Urmston) (Lab)]

I congratulate my hon. Friend on securing this debate. Does she agree that parliamentary opinion on this matter is massively out of step with public opinion? The vast majority of people in this country favour safe and legal abortion.

[Diana Johnson]

My hon. Friend makes an important point, although the House did give my ten-minute rule Bill to decriminalise abortion its First Reading. It will be interesting to see the result if it is debated again in the new Parliament.

[Jim Shannon (Strangford) (DUP)]

I am very impressed by the hon. Lady, as she knows because I spoke to her before the debate to ask to intervene. She knows my opinion on these matters. I understand that she is going to bring some things forward, which would be a help, but at the same time we are meant to believe that abortion is somehow an expression of women’s rights, but, on the contrary, some of us believe that it is so often the means by which vulnerable young women are themselves destroyed by the sorrow it can naturally engender. Even when abortion itself does not cause the destruction of women, their mistreatment by the industry that provides abortion daily in this country clearly can.

--- Later in debate ---

[Diana Johnson]

Clearly, 50 years ago Parliament took the view that it was going to allow abortions to take place in certain circumstances. It is right and proper that there is strict regulation around abortion. When I discussed decriminalisation earlier in the year, I talked about decriminalising, not deregulating. All providers have to provide the highest-quality care to women.

Successive British Governments have failed to act to improve abortion provision. They have sometimes hidden behind the false pretext that issues of provision are issues of conscience, thereby setting the issue aside as too difficult to tackle. In the months before and since I introduced my ten-minute rule Bill, yet more compelling evidence has demonstrated the need for long overdue changes to our abortion laws. Women, including desperate victims of domestic abuse, are increasingly ill-served by our current laws and criminalised for buying abortion pills online.

Waiting times for abortion services appear to be on the rise. Recently, figures obtained by investigative journalists at “The Debrief” showed that in 76% of the clinical commissioning groups and NHS trusts they surveyed, average abortion waiting times in 2016 were higher than they were in 2013. The Family Planning Association tells women that they should have to wait only 10 working days for an abortion, but a quarter of CCGs and trusts have average waiting times longer than that. In my local CCG in Hull, waiting times have jumped 6.7 days in just a year—one of the highest jumps identified.

The number of abortion pills seized by the Medicines and Healthcare Products Regulatory Agency posted to addresses in Britain has risen seventy-fivefold, from just five in 2013 to 375 in 2016. From November 2016 to February 2017, Women on Web, an international organisation that prescribes abortion pills in countries where abortion is illegal, monitored the number of British women who sought help on its website. In the space of just four months, the number seeking help had doubled.

Those figures point to this conclusion: there is a rising, and unmet, demand for better abortion provision in this country.

[Fiona Bruce (Congleton) (Con)]

Will the hon. Lady give way?

[Diana Johnson]

I am going to carry on, because I am conscious of time.

The personal cases of these women are often deeply moving. A recent study of Women on Web’s services, published in September, has provided unprecedented insight into the challenges that British women face in accessing abortion services. Of the women who approached its service, nearly one in five did so because of “controlling circumstances” at home—from abusive partners to intolerant families. As one woman told the service:

“I’m in a controlling relationship, he watches my every move. I’m so scared he will find out, I believe he’s trying to trap me and will hurt me. I can’t breathe. If he finds out, he wouldn’t let me go ahead, then I will be trapped forever. I cannot live my life like this.”

Another said:

“I’m never allowed to go anywhere without my husband or a member of his family escorting me. I don’t have a normal life since getting married. Abortion is against his family’s religion and I’m very worried what would happen if I was caught.”

For many women, making two trips to an abortion clinic, as is currently required, is simply not an option. A range of practical factors—the distance they live from a clinic, delays in accessing support, and childcare and work commitments—prevent them from making those trips. Yet each time these women purchase pills online, they are committing a criminal act, and because Women on Web does not prescribe pills in the UK, they are forced to turn to other providers, some of which may not be legitimate.

We are now in the position where the Royal College of Obstetricians and Gynaecologists, the British Medical Association and the Royal College of Midwives, plus the noble Lord Steel all agree that the law needs to be updated, and that abortion should be decriminalised. It is now time for Parliament to act on this. Shortly, I will be publishing the text of a Bill to decriminalise abortion in England and Wales. I am currently working on the Bill with legal experts and professional healthcare organisations. The Bill will contain the same safeguards and regulations as those that I set out in March this year.

Most importantly, it will take women out of the criminal law altogether. Healthcare professionals who assist in abortions before 24 weeks’ gestation will also be decriminalised, and they will receive further protections after 24 weeks. It will also allow us to make the best possible provision for the women who have early medical abortions. We need to look at the requirement to obtain two doctors’ signatures. We should also ask whether the second abortion pill could not be taken at home should women wish to do so, just as it is in the United States, France, Sweden and, as announced recently, Scotland.

[Fiona Bruce]

Will the hon. Lady give way?

[Diana Johnson]

I will carry on, because I am conscious that the Minister has to respond.

I want to make the point that decriminalisation will not mean deregulation. The 24-week time limit will not be changed, and the conditions for accessing abortions post-24 weeks will not change either, but I do want to see stronger protection for women from non-consensual abortions—whether by assaulting pregnant women, or deceiving women into taking abortion medication.

I have a few requests for the Minister. It is time that we acknowledged that abortion provision is not a conscience issue. Access to abortion services is a core part of women’s healthcare. It should be debated in a grown-up way, and Health Ministers should be held accountable for the quality of our abortion services. First, will the Department of Health look into the problems that women are facing in accessing abortions? The Department should be regularly assessing the problem of abortion waiting times. It should be looking to identify local areas where there is poor provision. The problems that extremely vulnerable women face in accessing abortion care should also be investigated.

Secondly, what concrete steps will the Government take to improve abortion provision? A court judgment in 2011 established that the Health Secretary could allow home use of the second abortion pill without the need for new legislation. In the light of that and of what has happened in Scotland, what are the Government planning to do? Furthermore, an increasing number of experts have questioned the two doctor requirement for early stage abortion. Will the Minister comment on that?

Thirdly, how will the Government respond to the calls to decriminalise abortion, supported by three professional medical bodies? Will the Government consider acting on these calls? Finally, we must also recognise the situation in a country where the Abortion Act does not apply. In Northern Ireland, abortion is highly restricted and criminal, even in cases of rape, incest or fatal foetal abnormality. The ongoing Supreme Court case raises the prospect that this may soon go beyond a devolved matter and become a broader human rights matter. What steps are the Government taking for that to be dealt with by the Secretary of State for Northern Ireland?

In conclusion, the House should mark the anniversary of the Abortion Act—not just because of what we have achieved, but to look forward to what we need now. In the face of threats to women’s reproductive rights at home and abroad, the answer is not to become timid and to remain defensive. The answer is to be bolder, to go beyond merely defending what we currently have, and to make a positive case for stronger rights and better women-centred provision. The ’67 Act made Britain a world leader in women’s reproductive rights, but it is time that we took the steps now to ensure that, once again, Britain reassumes this world-leading position.