Part of Criminal Justice Bill – in a Public Bill Committee am 3:15 pm ar 25 Ionawr 2024.
Okay, but it is one, to give the Committee a sense of the scale of this issue in the criminal courts.
I turn first to amendment 1 and new clause 1, tabled by the right hon. Member for Kingston upon Hull North. The purpose of new clause 1 is to disapply existing criminal law relating to abortion from a woman acting in relation to her own pregnancy at any stage of gestation. Under section 6 of the Abortion Act 1967, “the law relating to abortion” means
“sections 58 and 59 of the Offences against the Person Act 1861, and any rule of law relating to the procurement of abortion”.
Section 5(1) of the 1967 Act provides:
“No offence under the Infant Life (Preservation) Act 1929 shall be committed by a registered medical practitioner who terminates a pregnancy in accordance with the provisions of this Act.”
New clause 1 refers to “the law related to abortion”. Unlike the Abortion Act, it is not limited to specific provisions, and it could therefore be interpreted as applying more widely. It could, for example, include other offences against the person that may apply in this context, such as maliciously administering a poison so as to endanger life or inflict grievous bodily harm. In that regard, it differs from the law as it applies in Northern Ireland.
The hon. Member for Walthamstow takes a different approach. Her new clause 2 would require the Secretary of State to decriminalise abortion through regulations. Among other things, the regulations would repeal sections 58 to 60 of the Offences against the Person Act and make provision for alternative offences in relation to non-consensual abortion.
I reiterate that, should Parliament wish to change the law, the Government will not stand in the way, but hon. Members may consider that there would be alternative ways to amend primary legislation. Leaving aside the way in which decriminalisation might be achieved, there is the question whether the repeal of section 60 of the Offences against the Person Act is appropriate. Section 60 makes it an offence for a person to conceal the birth of a child by disposing of the child’s body after its birth. There is a high-profile case in the papers today concerning exactly that issue. It is not generally considered to be an abortion offence and it is not limited to the abortion context. Repealing the offence could have unintended consequences.