Amendments that would remove abortion from the criminal law have been tabled to the Government’s Criminal Justice Bill. During the second reading of the Bill last night, pro-abortion Labour MPs Dame Diana Johnson and Stella Creasy both stated their intention to try and use it to liberalise abortion law. Both amendments have now been published.
Dame Johnson’s amendment, New Clause 1, states:
“For the purposes of the law related to abortion, including sections 58 and 59 of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929, no offence is committed by a woman acting in relation to her own pregnancy.”
This would mean a woman could carry out her own abortion at any time, for any reason. While the explanatory note claims that the amendment “would not change any law regarding the provision of abortion services within a healthcare setting, including but not limited to the time limit”, more than half of abortions are now carried out by a woman in her own home, under the pills by post policy. A woman who took abortion pills at home at any stage of pregnancy, even just before natural birth, and so ended the life of a full term baby, would not commit any offence.
New Clause 2, tabled by Ms Creasy, is in some ways even more extreme. While it provides “that no offence under these regulations or any other legislation is committed by a person complying with the requirements of subsection 1 of the Abortion Act 1967”, and so apparently keeping the restrictions on grounds and time limits specified in the Abortion Act, in addition to repealing sections 58 and 59 of the Offences Against the Person Act, Ms Creasy also seeks to repeal section 60. This section deals with the crime of concealing the body of a dead baby who dies before, during or after birth. (This section is currently used when infanticide is suspected but cannot be charged due to lack of evidence.)
What happens next?
It will not be known until shortly before the Public Bill Committee first meets when the amendments are likely to be debated, because the Government will table a motion setting out the order in which the Bill is to be debated. Under the Programme motion, the Bill has to be reported back to the House by 30 January 2024.
Alithea Williams, SPUC’s Public Policy Manager, said: “Pro-abortion MPs have taken the first opportunity to hijack this Government Bill with their extreme pro-abortion amendments. Both Dame Johnson and Ms Creasy spoke about women being prosecuted for abortion, but made no mention that the increase in women facing trial is due to the dangerous pills by post abortion policy, which they and their allies in the abortion lobby championed. Rather than admit their mistakes and call for the repeal of this policy, they want to repeal the laws that provide some rudimentary protection for women and unborn babies. Ms Creasy even wants to repeal the law on concealing the dead body of a baby. There are obvious public health risks attached to such a practice. However, repealing section 60 is also a sign of the utter contempt with which the pro-abortion lobby views the pre-born child. Those wanting to decriminalise abortion consider that unborn babies are so worthless, it does not matter if their dead bodies are dumped without trace.”
“We must and will fight these amendments,” Miss Williams continued. “We know from the fallout from the Carla Foster case that the vast majority of the public were horrified that a full term baby could be killed by a woman ordering abortion pills to be taken in her own home. The solution to horrific cases like this is to stop abortion providers sending out deadly pills this way, not to make such an action legal. We strongly encourage supporters to contact their MPs asking them to oppose these amendments, and will shortly be providing help and guidance to do this.”