Decriminalising Abortion

Debate between Stella Creasy and Tonia Antoniazzi

Monday 2nd June 2025 Westminster Hall

[Ms Creasy]

I do apologise, Mr Vickers. I just thought that, given his recent pronouncement and the interest that he has shown in this matter, the hon. Member for Clacton would be here.

Let me talk, then, about the vice-president of the United States—I hope you will understand, Mr Vickers, that I could not have asked him to be here today. He is one of those fellow travellers who believes that there are votes to be gained by using women’s bodies as a battlefield; that is what the debate about abortion in America has become. We are seeing American ideas—the concept of abortion until birth and the idea that women should be expected to explain themselves—being brought into our debates. I know that many of us will fight tooth and nail against those narratives and for equality, so I ask colleagues across the House: when people come for our abortion rights or propose further restrictions or “safeguards” for abortion, do we want the power of a human rights commissioner to back us up in those fights? This is our chance to have that: new clause 20 learns from a body of law and of practice in Northern Ireland about how we protect abortion properly. We do not just decriminalise it; the new clause would properly protect abortion.

I listened to my hon. Friend the Member for Gower, and I urge her to reread new clause 20, because from what she said, I do not think she has read it properly. Rather than concentrating power in the hands of Ministers —precisely because of the risk that comes from any future Government that may seek to use secondary legislation powers—the new clause would actively restrict them. It has a triple lock and states, first, that regulations can be made only to uphold that human rights approach and, secondly, that they cannot be used to reduce access to abortion, or to amend section 1 of the 1967 Act—which new clause 20 keeps in play as a list for regulation rather than prosecution, so it does not touch the time limits either. The new clause then states that any attempt to undermine that human rights lock can be done only with the support of the entire Parliament.

Any new Member of Parliament here today has probably had the pleasure of sitting on a Delegated Legislation Committee in the last year and wondered quite what they are doing in a small Committee Room. The answer is that they are making law, but doing so in a Committee where the balance of power has been determined by the Whips and where the Government get to decide who sits on that Committee. Those are secondary legislation powers. It is entirely conceivable that new clause 1, if passed, would give those secondary legislation powers—they are in the policing Bill—to a future Government without any restriction.

[Tonia Antoniazzi]

This is not a competition between my hon. Friend and me—we both have the same aim—but it is interesting that more than 115 MPs have signed new clause 1, and it has been endorsed by the whole industry. Everyone has signed up to it. Has my hon. Friend had conversations with them about why they have not signed up to her new clause?

[Ms Creasy]

I am sorry that my hon. Friend feels the need to ask that question. She knows full well that despite me asking repeatedly to meet her and to talk to the campaigners she has been working with, that meeting has not yet been forthcoming. I am still open to meeting people, but we need to be very clear on the record: new clause 20 has in it a lock on the activity of Ministers, deliberately so, because this is a human rights issue. It should be a matter that is subject to the entire Parliament, and it should be clear that Ministers may only ever use the powers in this legislation to make human rights-compliant legislation. If they did not, the human rights commissioner could challenge them on it and take the Secretary of State to court, just as was done in Northern Ireland.

Conversely, new clause 1 would allow Ministers to have secondary legislation powers without any restrictions. Again, I ask Members who are concerned about Ministers being involved in writing legislation to look at the difference in that constitutional role. I recognise that only those who have had the repeated pleasure of serving on secondary legislation Committees will understand the powers they can have. Certainly, I encourage people to look at how George Osborne used secondary legislation powers to change the student tuition fee rates and benefit rights. The previous Government used them under the retained EU law legislation. The scope of those powers has been broadening. Many of us respect the role of Government, but obviously we recognise that, should there be a Government with a more extreme agenda in the future, they will also have those powers. New clause 20 would lock those powers down.

I do not wish to detain the House any longer, because others wish to speak. What matters is that we are clear about why proper decriminalisation matters. Restricting access to abortion does not stop abortion; it stops safe abortion. Failing to protect access to abortion does not make it easier for people to have children; it simply means more pain, misery and heartache to be had. There is no right amount of abortions to happen in our society, but a basic human right is at stake here. Members of this House who are alive to the politics and the policy debates on abortion and in politics would do well to think about how they will feel in five years’ time if what we see at the moment is the start, not the end, of assaults on abortion. I urge Members who care about decriminalisation to back new clause 20 and make sure that our constituents in England and Wales have the same human right that they do in France and Northern Ireland.