Abortion: Offences against the Person Act

Lindsay Hoyle Excerpts

Thursday 15th June 2023 Commons Chamber

[Mr Speaker]

Before we come to the urgent question, I must tell the House that it is very possible that an appeal against the sentence will be made. While I am content for the House to discuss the general issues, Members should avoid commenting on the specific sentence in this case. They can, of course, discuss the changes they would like to see made to the law. I also remind Members that they must not criticise judges in particular cases.

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

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on section 58 of the Offences against the Person Act 1861.

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[Edward Argar]

What debates are scheduled in Government time is a matter for the Leader of the House, who is in her place and will have heard my right hon. Friend’s representation, on which I am sure she will reflect.

[Mr Speaker]

I call the Opposition spokesperson.

[Thangam Debbonaire (Bristol West) (Lab)]

I thank my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) for this vital urgent question, where she has highlighted the current problems clearly.

On behalf of colleagues, let me say that this is a shocking, tragic and complex case. Three children have been left without a mother. Women should be able to get access to safe, legal abortion. We are worried that this judgment will deter women from seeking urgent medical and healthcare support that they need—that is paramount. Of course, there need to be safeguards and time limits in place, to prevent late-term abortion, which does mean there needs to be some kind of legal framework. However, we do not want to see vulnerable women serving prison sentences or being prosecuted when it is not in the public interest to do so.

I ask the Government to work with us to look at options to prevent an awful case such as this from happening again. More immediately, I ask that the Sentencing Council looks at this case to stop this sort of circumstance, with this sort of sentence. It needs to do that because no guidelines are in place for this section of the 1861 Act and it needs to produce up-to-date guidance. We should not have vulnerable women sent to prison like this.

The Director of Public Prosecutions must also review the guidance on public interest prosecutions. Will the Government review the legal framework to see how best to ensure that women are not deterred from seeking medical and healthcare advice, while keeping proper safeguards in place? We will, of course, work with the Government, on a bipartisan basis.

The Minister has said that this a matter of conscience and for a free vote in the House, so I know that there will be Ministers who have been absent or opposed action to improve access to abortion. In the wake of this awful case, I hope that the Government will be in a position to take action, at least on sentencing guidelines. This is too important an issue to play politics on. Labour is willing to work with the Government. We ask them to note that the legal framework currently has two legal frameworks: one for Northern Ireland and one for the rest of the UK. [Interruption.] And I thank the Speaker for his indulgence. [Laughter.]

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[Edward Argar]

I am grateful to my right hon. Friend; his remarks highlight that there are strongly and sincerely held views on both sides of this debate, and it is right that those views are respected and able to be aired in Parliament. In noting that, all I would say on his final point is that although I respect his view, the House did debate that matter, and it expressed its view and voted accordingly.

[Mr Speaker]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

The Royal College of Obstetricians and Gynaecologists has stated its belief

“that prosecuting a woman for ending their pregnancy will never be in the public interest.”

Even though the Offences Against the Person Act 1861 is England and Wales legislation, constituents of mine, and I know of other MPs in Scotland, have been in touch concerned about this shocking case and the precedent that it sets in a worldwide context of erosion of women’s bodily autonomy. Abortion is a devolved matter and the SNP remains committed to protecting the legal right to essential healthcare, which is what abortion services are, safely and free from stigma. I hope to see more progress in Scotland on this area. I welcome that today sees the lodging of the final proposal for MSP Gillian Mackay’s private Member’s Bill on buffer zones in Scotland and I wish her all the best with that.

Is the Minister concerned that this judgment may create a chilling effect on women accessing healthcare services and, given the outrage that the judgment has caused, would he support decriminalisation to prevent this from ever happening again?