Legal Rights to Access Abortion

Mary Glindon Excerpts

Monday 28th November 2022 Westminster Hall

[Tonia Antoniazzi]

I thank my hon. Friend for her comments. It is the Bill of Rights that is being discussed and brought forward that triggered Caitlin into wanting to protect women in this country, whether that happens or not. That is what I wish to discuss.

Abortion in Great Britain is still a criminal offence; the Abortion Act 1967 simply made abortion legal in certain, fixed circumstances. It is a product of its time, enacted in part to ensure that women no longer suffered serious health problems, or even death, because they were too afraid to seek medical help after an abortion. It is therefore ironic that its requirements, designed to pass Parliament more than half a century ago, risk women’s health. As we know, the Abortion Act requires that two doctors approve each request for a termination—a legal requirement that serves no clinical or safety purpose and often delays the process, despite abortion being safer the earlier that it is performed.

The fact that abortion continues to sit in criminal law has a chilling effect on medical practice and the willingness of doctors to authorise abortions. In a conversation earlier with a dear colleague, we discussed whether we actually knew somebody who was unable to access these services. Through conversations that I have had, I have found that there are such cases—that is what we need to discuss and look at.

[Mary Glindon (North Tyneside) (Lab)]

In this crucial debate, what about women’s aftercare? We are talking about changing the law, and a number of my constituents are concerned that that would lead to abortion up until birth. We know that about 80% of women want the time limit reduced. Beyond that, what about the mental health of women who have had an abortion—where is the care for them? Where does this address things that have never been properly addressed for years and years?

[Tonia Antoniazzi]

My hon. Friend makes a valid point about the aftercare of women who choose or choose not to have a termination. That is something that I feel strongly about—it may be years down the line that someone needs that support, and that support is lacking. I agree with her on that point, and it is something that we need to discuss further.

The threat of prosecution is a real fear; it is a fear that also deters doctors from wanting to enter this fundamental area of women’s healthcare. We are pleased to see early medical abortions being safely offered by GPs in other community settings, as it is in other countries. The fact that all non-hospital-based services must be specifically licensed and approved by the Secretary of State can be a barrier to improving access. Women who are unable to travel to clinics because of distance, personal circumstances —maybe coercive relationships—and medical conditions are poorly served by the current framework. If they take matters into their own hands by accessing pills online, they risk prosecution and prison. To talk of prosecution in these circumstances might seem laughable to some, but a recent Sunday Times investigation found that 52 women since 2015 have been reported to the police for allegedly breaking abortion laws.

I spoke to the British Pregnancy Advisory Service, and it is aware of multiple instances where the existing law criminalising abortion has been used against women who have ended their own pregnancy. Some of the examples given include a migrant woman in Oxford in 2021 who obtained and self-administered medication in a failed attempt to end her own pregnancy. When she was taken to hospital, the doctors performed a successful emergency C-section. Seemingly, they then reported her to the police because they found the remnants of medication in her vagina. She is now a parent to a toddler but is still being prosecuted for the attempted procurement of a miscarriage.

In London last year, a woman was admitted to hospital in need of a surgical procedure to empty her uterus after a stillbirth at 24 weeks as a result of abortion care sought within the formal healthcare system. While she was on the ward post procedure, she was arrested by the police. She was taken to a police station and kept in a police cell for 36 hours.

I cannot imagine any woman or girl ever wanting to be in this situation. When a little girl is growing up, she thinks about her lovely family and the children she is going to have. She says, “By the time I am 24, I am going to be married and have 2.3 children. I am going to live this life.” Women have hopes and dreams, and when they find themselves in this situation it is devastating to them, because they do not want to be in the situation and to be treated like that. I feel very strongly that it is really important to have this debate.