The government has rejected Labour MPs’ calls for the complete decriminalisation of abortion, saying there are no plans for law change.
In England, Scotland, and Wales, abortions are generally only legal before 24 weeks of pregnancy and can only be carried out in hospitals or clinics after 10 weeks.
Pills-by-Post
Carla Foster, 44, was sent abortion-inducing drugs by the British Pregnancy Advisory Service (BPAS)—a leading abortion provider—after she called them during lockdown in 2020 and lied about how far along in her pregnancy she was.Days later, she gave birth to a baby girl who was not breathing and was subsequently pronounced dead.
Foster pleaded guilty to administering drugs or using instruments to procure abortion, under Section 58 of the Offences Against the Person Act 1861.
She was sentenced to 28 months in prison at the Stoke-on-Trent Crown Court on Monday, and will serve 14 months in custody and the remainder on licence after her release.
Abortion providers, as well as pro-choice campaigners and politicians, have expressed outrage over Foster’s jailing, calling the existing abortion laws “out-of-date” and arguing for complete decriminalisation of abortion.
‘Antiquated’ Abortion Laws
Asking an urgent question in the House of Commons on Thursday, Labour MP Dame Diana Johnson called the case “desperately sad” and said it “throws a spotlight on our antiquated abortion laws.”She said the government and Parliament must “look at this outdated legislation and make it fit for the 21st century,” adding, “Decriminalisation does not mean deregulation and time limits would still apply.”
Thangam Debbonaire, Labour’s shadow Commons leader, said: “We are worried that this judgment will deter women from seeking urgent medical and healthcare support that they need.”
‘Obscene and Cruel’
Conservative MPs expressed objections to the proposals for decriminalisation.Former minister Sir Edward Leigh said: “When we were debating whether it was possible to receive an abortion pill through the post, we warned at the time there might be a tragic case like this.”
He criticised the “abortion industry” for “using this very tragic case to argue there should be some sort of legal right for abortion up to birth.”
“Given that many babies are surviving at 24 weeks, this is an obscene and cruel proposal,” he said.
Martin Vickers, another Conservative MP, said: “I always find it distressing when these issues are debated that there is so little concern expressed for the welfare of the unborn child, and surely that should be an equal priority alongside the mother’s health.”
Jim Shannon, an MP from the Democratic Unionist Party, also defended Section 58, saying it “provides vital protection for not just the person but the most vulnerable person of all—the unborn child.”
He urged the government to “commit to protecting the sanctity of life, as other developed European nations do, where the average limit is 14 weeks.”
Shannon also called on ministers to “urgently review safeguards for the pills-by-post scheme, to ensure that such a case never happens again.”
Argar, the justice minister, said in response to the urgent question: “Access to abortion in England and Wales has been settled in law by Parliament and we do not intend to change this. It takes nothing away from our commitment to ensuring access to safe, regulated abortion.”
Any changes could come via a bill introduced by a backbench MP or an amendment to legislation passing through the House of Commons, the minister said.
