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Daily Record
4 hours ago
- Politics
- Daily Record
What are Scotland's abortion laws as MPs vote to decriminalise procedure in England
MPs voted for an amendment to the Crime and Policing Bill in the House of Commons on Tuesday Abortion remains a contentious issue in Scotland and around the world. The majority of people have an opinion on the matter, whether it's buffer zones or a women's right to choose. After MPs voted in favour of decriminalising abortion in England and Wales at Westminster yesterday, June 17, Labour MPs called for Scotland to follow suit. Tuesday's vote on an amendment to the Crime and Policing Bill put forward by Labour's Tonia Antoniazz passed by a majority of 242 votes. Now, women who terminate their pregnancy outside the current legal framework - after 24 weeks, for example - will no longer be at risk of police investigation. But anyone assisting a woman doing so outwith the rules can still be penalised. Following the vote, Lillian Jones and Joani Reid have urged the Scottish Government to make sure no woman is prosecuted for terminating a pregnancy. The Crime and Policing Bill amendment only affects England and Wales, as abortion was devolved to Holyrood in 2016. We are taking a look at the current legislation in Scotland on a topic that is fiercely debated. Abortion is permitted up to the 24th week of a pregnancy in the UK. However, there are concerns that women in Scotland can only have a termination here after 20 weeks in cases where there is either a foetal abnormality or the woman's life is at risk. The law says you can have an abortion if two doctors approve the procedure. Often, the medics will both have to agree that having a termination would cause less damage to your physical or mental health (or that of existing children) than continuing with the pregnancy. "Most doctors will view the distress of continuing with an unwanted pregnancy as likely to be harmful," states the Sandyford Clinic in Glasgow. "However, some doctors may choose not to be involved in abortion services and referrals, in which case they must refer you to another doctor or service, who will be able to help you." Abortions after 24 weeks are available in exceptional circumstances, such as to save the life of the pregnant person, or if there has been a diagnosis of a serious or fatal foetal anomaly. You will not have to pay for either the abortion assessment clinic or the abortion procedure, provided you are entitled to receive NHS care in Scotland. But in Scotland, abortion isn't actually legal and it is not technically in the hands of the women involved, as the two doctors have to approve the procedure. The healthcare procedure is still criminalised under the Offences Against the Person Act 1861, and only allowed in certain circumstances under the Abortion Act 1967. On the House of Commons amendment, East Kilbride and Strathaven MP Reid said: "[Abortion] is an offence created by the courts alone north of the border, but it's one that the Scottish parliament can legislate to abolish... "There is a balance of risks, and I think that the greater injustice is the thought of our police, our prosecution services, and our courts relentlessly pursuing women who have had an abortion and women who, through error, misunderstanding, or sheer desperation, find themselves accused of a crime they scarcely knew existed." The Scottish Government has set up an expert group to review the law on abortion and advise on whether it should be changed. The group will report next year. The Abortion Services (Safe Access Zones) (Scotland) Bill came into effect in September, creating 'buffer zones' around medical facilities where terminations are performed, to stop anti-abortion protesters gathering. The legislation was introduced by Green MSP Gillian Mackay and is aimed at protecting women from harassment when they attend these facilities. US Vice President JD Vance claimed that the Scottish Governemnt were sending letters to residents in the buffer zones 'warning them that even private prayer within their own homes may amount to breaking the law'. His comments were branded 'ludicrous' and 'wrong' by Health Secretary Neil Gray. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'.


Daily Record
10 hours ago
- Politics
- Daily Record
Labour MPs call for abortion to be decriminalised in Scotland after vote at Westminster
EXCLUSIVE: Lillian Jones and Joani Reid have urged the Scottish Government to make sure no woman is prosecuted for having an abortion. Labour MPs have called for the decriminalisation of abortion in Scotland after MPs voted on the issue south of the border. Lillian Jones and Joani Reid have urged the Scottish Government to make sure no woman is prosecuted for terminating a pregnancy. MPs considered an amendment to the Crime and Policing bill in the House of Commons on Tuesday, although it only applied to England and Wales. Kilmarnock and Loudon MP Jones said: "I fully support Tonia Antoniazzi's amendment, this is about women's choice and self determination. "No woman should face prosecution for making deeply personal decisions about her own body. This is about protecting women from outdated laws that criminalise them instead of offering care and compassion. "Every woman deserves the right to choose without fear of a police investigation or a courtroom. "I hope the Scottish Parliament will follow suit and bring forward similar reforms so that women in Scotland are equally protected under the law." The Scottish Government has set up an expert group to review the law on abortion and advise on whether it should be changed. The group will report next year. Abortion is permitted up to the 24th week of a pregnancy in the UK, but there are concerns that women in Scotland can only have a termination here after 20 weeks in cases where there is either a foetal abnormality or the woman's life is at risk. East Kilbride and Strathaven MP Reid said: 'Unlike in England there is no law criminalising abortion in Scotland. It's an offence created by the courts alone north of the border, but it's one that the Scottish parliament can legislate to abolish. 'Of course I know why many people are concerned that ending the prospect of women being criminalised for having an abortion risks inadvertently encouraging a handful of individuals to mistakenly believe they can flout the law concerning late-term terminations. 'There is a balance of risks, and I think that the greater injustice is the thought of our police, our prosecution services, and our courts relentlessly pursuing women who have had an abortion and women who, through error, misunderstanding, or sheer desperation, find themselves accused of a crime they scarcely knew existed. 'It's not a party matter and I hope MSPs of all parties will come together to end the criminalisation of these vulnerable women.' Welsh Labour MP Tonia Antoniazzi's amendment would 'remove the threat of investigation, arrest, prosecution, or imprisonment' of any woman who acts in relation to her own pregnancy in England and Wales She said the cases of women investigated by police had motivated her to advocate for a change in the law. Her amendment will not change time limits for abortion or the regulation of services but it 'decriminalises women accused of ending their own pregnancies'. It would take them out of the criminal justice system 'so they can get the help and support they need'. Her amendment is supported by abortion providers including MSI Reproductive Choices and the British Pregnancy Advisory Service (Bpas) as well as the the Royal College of Obstetricians and Gynaecologists (RCOG). MPs had a free vote on the issue as it was seen as a matter of conscience. This meant they could take their own view rather than what the party wants. Public Health Minister Jenni Minto said: 'The Scottish Government believes that all women should have access to abortion services should they require them. 'An Expert Group was established in August 2024 and will provide recommendations based on a thorough assessment of the current legal framework on abortion. 'This review covers all aspects of the current law relating to abortion, rather than just criminal offences, to ensure that any future proposals consider major shifts in clinical practice since 1967. 'It will therefore be important to ensure careful consideration of the Group's recommendations. We will need to wait for the outcomes of this review before considering changes to abortion law.'