Peers vote to back clause pardoning women convicted over illegal abortions | House of Lords
Women convicted and in some cases jailed for illegal abortions will be pardoned following a historic vote in the House of Lords.
Last June, the House of Commons voted to end the criminalization of women who terminate pregnancies outside the legal framework, while retaining the existing framework. Doctors and others who act outside the law may still face the threat of prosecution.
The change, through an amendment to the crime and policing bill put forward by Labor backer Tonia Antoniazzi, follows a reported rise in prosecutions and a number of high-profile cases in which women have been accused.
The Lords had made an attempt to remove Antoniazzi’s clause from the bill, but this failed, and so did an attempt to ban the use of telemedicine, where abortion medication could be sent by post for pregnancies under 10 weeks.
Instead, her colleagues voted to expand the scope of the law to pardon women who have already been convicted and to expunge the police records of those arrested.
Even if no charges are brought, an arrest could result in an enhanced Disclosure and Barring Service (DBS) check and have long-lasting consequences, as abortion crimes are classed as violent offences.
Earlier this week the Guardian reported the story of a young woman who was arrested despite receiving medication from a doctor.
Although the police investigation against him was dropped, he was forced to continue describing “such a traumatic event” because he worked in the NHS.
“It would be such a relief for everyone,” said the woman, Becca, “that the weight would be lifted off everyone’s shoulders and maybe it would be the last step before we could be left behind.”
The Guardian also recently reported that despite the vote in the House of Commons, police forces continue to arrest and investigate women on suspicion of illegal abortions.
Women who had been arrested, investigated or imprisoned welcomed the Lords’ move; some faced permanent restrictions on employment and travel because of their criminal records.
Nikki Packer, who was cleared of illegal abortion after a trial last year, said: “I’m so glad the vote passed. It’s great to know that this is the end of the trials, the end of the investigations and the trauma it has caused for those of us who lived through it will not happen to anyone else.”
“Thank you to the women who shared their stories to make people aware that this is happening, and to those who campaigned to reach this historic point.”
Louise McCudden from MSI Breeding Options said: “We are pleased that the House of Lords voted in favor of this moderate reform of the abortion law, which puts an end to the prosecution of vulnerable women without changing the way care is provided or regulated.
“This reform has already received overwhelming cross-party support from elected MPs and has now removed one of the last major hurdles before becoming law.”
He called the vote a “watershed moment” in abortion law reform, adding that it would be “a huge relief for women facing traumatic investigations, as well as those still living with the anxiety and uncertainty created by the current law.”
Heidi Stewart, chief executive of Britain’s Pregnancy Advisory Service, said: “By voting to pardon and expunge those convicted under these outdated laws, peers have taken an important step towards recognizing the harm this law is causing.”
He noted that under the previous framework, abortion-related offenses were classed as serious offenses that could remain on a woman’s DBS record for life, “limiting her employment opportunities, restricting her travel and leaving her with a permanent criminal record due to a healthcare order”.
“These laws have been used against the most vulnerable women and girls, including domestic abuse, human trafficking and children,” she added.
“Even women who have never been convicted, including those who have experienced natural pregnancy loss, may have records kept in police systems and disclosed in background checks, creating ongoing stigma and barriers to rebuilding their lives.”
