Lords vote to back clause pardoning women convicted over illegal abortions

Peers’ decision welcomed as ‘landmark moment’ after attempt to strike out amendment is defeated

Women who have been convicted, and in some cases jailed, over illegal abortions are set to be pardoned after a historic vote in the House of Lords.

Last June, the House of Commons voted to end the criminalisation of women who terminate their pregnancies outside of the legal framework, while keeping the existing framework in place. Doctors and others who act outside of the law could still face the threat of prosecution.

The change, by way of an amendment to the crime and policing bill put forward by the Labour backbencher Tonia Antoniazzi, came after a reported increase in prosecutions and a number of high-profile court cases that saw women in the dock.

There had been an attempt in the Lords to strike out Antoniazzi’s clause in the bill, but this was defeated, and an attempt to ban the use of telemedicine, where abortion medicine is able to be dispatched by post for pregnancies under 10 weeks, also failed.

Peers instead voted to extend the scope of the legislation to pardon women who had already been convicted and to expunge the police records of those arrested.

Even where no charges have been brought, because abortion offences are classed as violent crimes, an arrest may show up in an enhanced Disclosure and Barring Service (DBS) check, with long-lasting consequences.

Earlier this week, the Guardian reported the story of a young woman who had been arrested despite obtaining pills from a doctor. Although the police investigation into her was dropped, because she works in the NHS she was forced to have to continue to explain “such a traumatic event”. “It would just be such a relief for everyone,” the woman, Becca, said, “such a weight off everyone’s shoulders and maybe the last step in it being behind us.”

The Guardian also recently reported that despite the vote in the Commons, police forces were still arresting and investigating women over suspected illegal abortions.

Louise McCudden, from MSI Reproductive Choices, said. “We are delighted that the House of Lords voted in favour of this moderate reform to abortion law, which ends 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 cleared one of the final major hurdles before it can be signed into law.

She described the vote as a “landmark moment” in abortion law reform, and added it would be “a huge relief to the women who have faced traumatic investigations as well as those still living with the anxiety and uncertainty created by the current law.”

Heidi Stewart, the British Pregnancy Advisory Service chief executive, said: “By voting to pardon and expunge the records of those convicted under these outdated laws, peers have taken an important step towards recognising the harm this legislation has caused.”

She pointed out that under the previous framework, abortion-related offences were classed as serious offences that could remain on a woman’s DBS record for life, “limiting her employment prospects, restricting travel, and leaving her with a lasting criminal record for a healthcare decision”.

“These laws have been used against some of the most vulnerable women and girls, including victims of domestic abuse, human trafficking and children,” she added. “Even women who were never convicted – including those who experienced natural pregnancy loss – could still have records retained on police systems and disclosed in background checks, creating ongoing stigma and barriers to rebuilding their lives.”