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Legal Rights to Access Abortion

28 November 2022

Lead MP

Tonia Antoniazzi
Gower
Lab

Responding Minister

Edward Argar

Tags

TaxationNorthern Ireland
Word Count: 26316
Other Contributors: 23

At a Glance

Tonia Antoniazzi raised concerns about legal rights to access abortion in Westminster Hall. A government minister responded.

Key Requests to Government:

I urge the government to consider decriminalisation of abortion, ensuring that women have legal rights to access reproductive healthcare without fear of prosecution or criminalisation. It is crucial to address the vulnerability and trust issues faced by women in accessing medical services due to current laws. The hon. Member requests the Government to clarify why they believe it is acceptable to limit judicial intervention for some rights but not for women's reproductive rights. She calls on them to make progress towards decriminalising abortion and recognising it as a fundamental human right.

How the Debate Unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said:

Lead Contributor

Gower
Opened the debate
I am concerned about the fragility of rights not preserved through positive legislative statements, such as the impact of Roe v. Wade in the United States on reproductive healthcare access. I highlight that abortion in England and Wales is not a legal right but rather a criminal offence under certain conditions specified by the Abortion Act 1967. The chilling effect of this law affects medical practice, deterring doctors from authorising abortions due to the threat of prosecution. Instances such as a migrant woman being prosecuted for attempting to end her own pregnancy and another woman arrested after a stillbirth highlight the devastating impact on women's lives. The hon. Member for Walthamstow is concerned that the current legislation does not recognise abortion as a legal right, instead relying on criminal law to manage access. She notes that banning abortion leads to unsafe practices and highlights that women in England, Scotland, and Wales do not have a legal right to an abortion unlike those in Northern Ireland.

Government Response

Edward Argar
Government Response
The Minister paid tribute to the Petitions Committee for bringing this debate forward. He stated that while there are different views on the issue, all perspectives should be heard with care and respect. The Government is committed to ensuring access to safe, regulated abortion services under current laws in England and Wales without intending to change it. Abortion law is devolved to Scotland and Northern Ireland, with recent changes made due to specific contexts there. He emphasised that the Bill of Rights would not include a specific right to abortion, as this could potentially move debate around abortion from Parliament to the courtroom. There are other mechanisms in Parliament for advancing such debates through private Member's legislation.
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About Westminster Hall Debates

Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.