Lead member
Stella Creasy
Labour, Walthamstow
Commons
Decision
No decision
The House has not considered this amendment.
Amendment text
To move the following Clause—
“Abortion: Punitive Measures
(1)
No offence is committed under any of the provisions mentioned in subsection (3) by—
(a)
a woman acting in relation to her own pregnancy, or
(b)
a registered medical professional acting with the explicit consent of a pregnant woman in relation to her own pregnancy,
where that pregnancy has not exceeded 24 weeks.
(2)
No custodial sentence may be imposed under any of the provisions mentioned in subsection (3) in relation to a woman acting in relation to her own pregnancy.
(3)
For the purposes of this section, the relevant provisions are—
(a)
sections 58, 59, and 60 of the Offences Against the Person Act 1861, and
(b)
the Infant Life (Preservation) Act 1929.
(4)
No proceedings for an offence under any of the provisions mentioned in subsection (3) may be instituted against a woman acting in relation to her own pregnancy or a medical professional who acted in good faith and with honest belief that the woman they assisted gave them a genuine account except by or with the consent of the Director of Public Prosecutions, who must personally exercise any function of giving consent.
(5)
In the event of making regulations or issuing guidance consequential to subsection (1), the Secretary of State must have regard to the need to withdraw punitive measures imposed on women who undergo abortion.”
Member's explanatory statement
This new clause would decriminalise abortion up to 24 weeks, avoiding the need for some of the requirements of the Abortion Act. It would ensure that late term abortions outside the Abortion Act do not result in custodial sentences, and that future regulations have regard to the recommendations of the Convention on the Elimination of Discrimination Against Women.