Part of Criminal Justice Bill – in a Public Bill Committee am 3:00 pm ar 25 Ionawr 2024.
Laura Farris
Parliamentary Under Secretary of State (Ministry of Justice and Home Office)
3:00,
25 Ionawr 2024
I am grateful to everybody who has spoken on this matter. Both new Clause 1 and new clause 2 seek to decriminalise abortion. The Government maintain a neutral stance on these issues, but there are strongly held views across the House on this highly sensitive matter. They engage considerations of women’s rights and health, the rights of the unborn child, the viability of a foetus and the involvement of the criminal justice system. None of this is straightforward. It is an issue that, quite properly, Members will decide on according to their consciences, and I agree that it should be determined on the Floor of the House.
Let me begin by emphasising that the Government are committed to ensuring that all women in England and Wales have access to safe, regulated abortion services on the NHS under our Laws. That includes telemedical abortions—sorry, I should probably refer to taking abortion pills at home when eligible, because “telemedical” is a confusing word.
As hon. Members know, in England and Wales the criminal offences relating to abortion must be read in conjunction with the provisions of the Abortion Act 1967, which provides exemptions to the criminal offences. The new clauses tabled by the right hon. Member for Kingston upon Hull North and the hon. Member for Walthamstow seek, in different ways, to decriminalise abortion for women acting in relation to their own pregnancies. If the will of the House is that the criminal law on abortion should change, whether by exempting pregnant women from the offences or otherwise, the Government would not stand in the way of such change, but we must of course be concerned with the fitness for purpose of any legislation proposed. With that in mind, I turn to the detail of the amendments, but it may be helpful if I first set out the relevant offences.
Under section 58 of the Offences against the Person Act, it is an offence for a pregnant woman, with the intent to procure her own miscarriage unlawfully, to take drugs or use instruments, and for another person, with the intent to procure the miscarriage of a woman unlawfully, to administer drugs or use instruments. Section 59 makes it an offence to supply or procure drugs, poison or an instrument intended to be used to procure a miscarriage.
The Infant Life (Preservation) Act 1929 deals with late-term abortions in England and Wales. Under section 1 of the Act, it is an offence for any person, with intent to kill a child that is capable of being born alive, to cause the death of that child before it is born, unless it is proved that the act was done in good faith and only to preserve the life of the woman. To illustrate how many criminal convictions there have been in last six years for which the MOJ holds data, it is one.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.