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Justice Secretary tells of opposition to ‘dangerous' abortion decriminalisation
The Justice Secretary has described measures proposing to decriminalise abortion as 'extreme' as she outlined her opposition ahead of a vote by MPs.
Amendments likely to be debated on Tuesday are aimed at ensuring women cannot be prosecuted for terminating their own pregnancy at any stage.
But Shabana Mahmood, who said she believes safe and legal abortions are part of female healthcare, branded the amendments 'unnecessary' and 'dangerous'.
Abortion in England and Wales remains a criminal offence but is legal with an authorised provider up to 24 weeks, with very limited circumstances allowing one after this time, such as when the mother's life is at risk or the child would be born with a severe disability.
It is also possible to take prescribed medication at home if a woman is less than 10 weeks pregnant.
Labour MP Tonia Antoniazzi's amendment, which has wide support from MPs, would result in 'removing the threat of investigation, arrest, prosecution, or imprisonment' of any woman who acts in relation to her own pregnancy.
She said she had been moved to advocate for a change in the law having seen women investigated by police over suspected illegal abortions.
The issue has come to the fore in recent times with prominent cases such as those of Nicola Packer and Carla Foster.
Ms Packer was cleared by a jury last month after taking prescribed abortion medicine when she was around 26 weeks pregnant, beyond the legal limit of 10 weeks for taking such medication at home.
She told jurors during her trial, which came after more than four years of police investigation, that she did not realise she had been pregnant for more than 10 weeks.
The case of Ms Foster, jailed in 2023 for illegally obtaining abortion tablets to end her pregnancy when she was between 32 and 34 weeks pregnant, eventually saw her sentence reduced by the Court of Appeal and suspended, with senior judges saying that sending women to prison for abortion-related offences is 'unlikely' to be a 'just outcome'.
Ms Antoniazzi said police had investigated more than 100 women for suspected illegal abortion in the past five years 'including women who've suffered natural miscarriages and stillbirths'.
She added: 'This is just wrong. It's a waste of taxpayers' money, it's a waste of the judiciary's time, and it's not in the public interest.'
A separate amendment has also been put forward by Labour MP Stella Creasy and goes further by not only decriminalising abortion, but also seeks to 'lock in' the right of someone to have one and protect those who help them.
Ms Mahmood, who will not be present for Tuesday's vote due to being away on Government business, wrote to constituents making clear her opposition to both amendments.
She said: 'It is hard to see these measures as anything other than extreme.
'I can unequivocally state that I would have voted against both amendments were I able to be there, and I will vote against them if given the opportunity in the future.
'I oppose extending abortions up until the point of birth beyond the exemptions that currently exist, as doing so would not only be unnecessary but dangerous.
'I am deeply concerned to see these measures being progressed in the name of women's rights, when the potential physical and mental impacts on women would be so devastating.'
She added she is 'troubled' by the amendments being considered as part of the wider Crime and Policing Bill 'meaning there will be less time for debate'.
She described the proposed changes as something which would 'signal a generational shift in our approach and response to abortion and therefore warrants serious discussion'.
The latest attempt to change the law follows repeated calls to repeal sections of the 19th-century law, the 1861 Offences Against the Person Act, after abortion was decriminalised in Northern Ireland in 2019.
MPs had previously been due to debate similar amendments removing the threat of prosecution against women who act in relation to their own pregnancy at any stage, but these did not take place as Parliament was dissolved last summer for the general election.
Earlier this month, a debate at Westminster Hall heard calls from pro-change campaigners that women must no longer be 'dragged from hospital bed to police cell' over abortion.
But opponents of decriminalisation warned against such a 'radical step'.
The Society for the Protection of Unborn Children (SPUC) urged MPs to vote against both amendments, saying they would bring about 'the biggest expansion of abortion since 1967'.
Alithea Williams, the organisation's public policy manager, said: 'Unborn babies will have any remaining protection stripped away, and women will be left at the mercy of abusers.
'Both amendments would allow abortion up to birth, for any reason.
'NC20 (Ms Creasy's amendment) is only more horrifying because it removes any way of bringing men who end the life of a baby by attacking a pregnant woman to justice.'
Ms Creasy rejected Spuc's claim, and urged MPs not to be 'misled'.
She highlighted coercive control legislation, which would remain in place if her amendment was voted through, and which she said explicitly identifies forcing someone to have an abortion as a crime punishable by five years in jail.
A separate amendment, tabled by Conservative MP Caroline Johnson proposes mandatory in-person consultations for women seeking an abortion before being prescribed at-home medication to terminate a pregnancy.
The changes being debated this week would not cover Scotland, where a group is currently undertaking work to review the law as it stands north of the border.
On issues such as abortion, MPs usually have free votes, meaning they take their own view rather than deciding along party lines.
The Government has previously said it is neutral on decriminalisation and that it is an issue for Parliament to decide upon.
