England and Wales are one step closer to putting a stop to the criminalisation of women seeking abortions, following a historic vote in the House of Lords.
Last night, peers voted to defend decriminalisation (with 185 in favour, against 148) in the Crime and Policing Bill and to protect pills-by-post abortion provisions (191-119).
In a particularly significant move, women who currently have police records for seeking terminations of unwanted pregnancies outside of the specified permissions, will be pardoned. This vote won by a landslide, with 180 supporting the pardoning, against just 58 votes.
The news comes some nine months after MPs voted overwhelmingly in favour of removing women from criminal law in relation to procuring an abortion in England and Wales, via an amendment to the Crime and Policing Bill tabled by Labour MP, Tonia Antoniazzi.
Cosmopolitan UK’s End 1861 campaign lobbied to scrap the archaic 1861 Offences Against the Person Act, which was created before women even had the right to vote and criminalised women seeking abortions outside of specific circumstances. The law change will not impact the rules around abortion provision, but once done away with, England and Wales will come in line with other countries like Canada, France, and New Zealand, where abortion is treated as a medical matter rather than a criminal one.
We campaigned alongside the British Pregnancy Advisory Service (BPAS) and in support of and MSI Reproductive Choices and organisations including the End Violence Against Women Coalition, and the Royal College of Obstetricians & Gynaecologists, who have all spent decades fighting for this essential change.
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In response to the momentous news, Heidi Stewart, Chief Executive of BPAS, said:
“For too long, women have faced the possibility of police involvement at one of the most vulnerable moments in their lives [...]
“By voting to pardon and expunge the records of those convicted under these outdated laws, peers have taken an important step towards recognising the harm this legislation has caused. [...]
“These laws have been used against some of the most vulnerable women and girls, including victims of domestic abuse, human trafficking and children [...]
This is a huge victory, and this wouldn’t have been achieved without the pro-choice majority standing up and making their voices heard. At a time when women’s rights are being rolled-back around the world, we have shown that progress is possible.”
Dr Alison Wright, President of the Royal College of Obstetricians and Gynaecologists said: “This is a significant moment for women and sends a powerful signal that their rights and autonomy matter. For too long, women have been at risk of lengthy and deeply distressing criminal investigations at times of acute vulnerability, rather than receiving the care and support they need.”
What does decriminalising abortion mean?
At present, abortion is illegal in England and Wales with exceptions for pregnancies before 24 weeks and in other specific circumstances. Women seeking terminations before 24 weeks must procure the signatures of two doctors before being allowed the procedure.
Since 2020, during the Covid-19 pandemic, women have been allowed to terminate pregnancies at home via medication sent through the mail, following a phone or video consultation, if they are before 10 weeks (also known as ‘telemedicine’ and ‘pills-by-post abortions’).
Abortions outside of these frameworks can lead to serious criminal charges, including life in prison.
Decriminalising abortion does not change limits to abortion timeframes. It simply brings abortion in line with other healthcare provisions and ensures the procedure is regulated without threat of criminal investigations.
Are ‘pills-by-post’ abortions under threat?
Telemedicine was initially introduced as a temporary measure in 2020 in response to the Covid-19 pandemic. It enabled women to take the two pills required to trigger a pregnancy termination from the safety of their home following a video or phone consultation.
Following the pandemic, telemedicine was made permanent in 2022, improving abortion access for the 200,000 women and girls who need an abortion each year.
Previously, women seeking terminations before 10 weeks would have to go in person for these consultations and then take both medicines in the presence of doctors. Something which can involve long and expensive journeys, and additional emotional distress to women during an incredibly vulnerable time. Telemedicine provides a safe and comfortable alternative for women, especially those who live far from abortion providers or are in abusive relationships.
There have been attempts to scupper telemedicine since the pandemic, including significant legal and political challenges. This week’s Lords vote confirmed the protection of telemedicine.
Last night's vote also saw a motion dismissed that sought to ban telemedicine for under 18s, passing with 163 votes to 68.
When will abortion in England and Wales be decriminalised?
Following the Lords’ vote, the Bill will go through a ‘tidying up’ stage which will see details worked over and finalised, before becoming law.
This is expected to happen around mid-April.
For the women who are due to be pardoned, the process is likely to take longer.
Harriet Hall is an award-winning journalist and the Features Director at Cosmopolitan. Most recently she was awarded Best Feature for her investigation into Andrew Tate and online misogyny at the 2023 Write to End Violence Against Women awards and the BSME for Best Lifestyle Journalist in 2022 for her work covering women’s safety, women's health, politics and pop culture. As a journalist of over a decade, her work has seen her interview celebrities from Zendaya to Zac Effron and politicians including Jeremy Corbyn (just five days before the 2017 general election); report on fashion weeks and take on stunts in the name of feminism. She has written for a range of publications including The Independent where she ran the lifestyle desk for four years, Evening Standard, Vogue, BBC News and Stylist. Harriet also regularly appears across numerous platforms to discuss her work, from Sky News to Radio 4 Woman’s Hour and on panels such as at the prestigious Woman of the World Festival. Her first book ‘She: A Celebration of 100 Renegade Women’ was published by Headline Home in 2018 and you can find her Tweeting, Instagramming and on Linkedin when she isn’t curled up on the sofa with a good book and the smallest dog in the world.
