It has been a little over a year since Western Australia removed abortion laws from its criminal code. Depending on your moral stance, two incongruous rights-based discourses emerge – female reproductive rights (for feminists and progressives) and the rights of the unborn (for conservatives). Despite my conflicted (moderate) views on abortion, I believe that increasing access to it will result in thousands of potentially viable babies dying – the definition of a perverse incentive. Unfortunately, Britain has decided to follow Australia’s lead.
On 17 June, British members of parliament voted in favour of decriminalising abortion up to the point of birth, signifying the most radical change to abortion legislation in England and Wales in nearly sixty years. This amendment, approved by a decisive margin of 379 votes to 137, is poised to become law, contingent upon its successful passage in the House of Lords without further alterations. If enacted, this legislation will establish the United Kingdom as possessing the most permissive abortion laws in Europe.
Labour MP Tonia Antoniazzi introduced an amendment to the Crime and Policing Bill which ensures that women in England and Wales are exempt from criminal investigation and prosecution for ending a pregnancy outside of the established legal 24-week limit or without obtaining authorisation from two doctors. This legislative change effectively guarantees that a woman will not incur legal liability for terminating her pregnancy at any point up to birth. If this amendment is enacted, it will represent the most profound transformation of abortion law since the implementation of the Abortion Act of 1967.
Most alarming of all is the rapid pace with which it occurred. The bill underwent minimal examination by politicians, with fewer than 100 of Britain’s 650 elected representatives present in the House of Commons for the brief two-hour debate – a surprisingly insufficient duration given the seriousness of the matter. New South Wales, on the other hand, decriminalised abortion in 2019, after a historic 70-hour parliamentary debate in both houses. Unlike NSW legislation, this British legislation was quietly introduced by a back-bench MP. Sir Keir Starmer offered little in the way of public commentary and his MPs voted according to their conscience rather than party affiliation.
The UK already has some of the most progressive abortion laws in Europe, likely contributing to the record 251,377 abortions conducted in 2022, marking a 17-per-cent rise from the previous year. The country’s legislation permits abortions up to 24 weeks, which is twice the limit observed in most other European countries. The 24-week threshold corresponds to the fetal viability point, where with appropriate medical supervision, a fetus can survive outside the womb.
Politicians are expected to address the needs of their constituents, and the decriminalisation of abortion is frequently portrayed as fulfilling popular demand, even though it has not been featured in the Labour party’s manifesto. Although there is substantial public agreement on legalising abortion, only three per cent support extending it to the moment of birth. By adopting this amendment, British MPs have abandoned their pragmatic stance in favour of a sinister measure that appears to be more radical than what the majority of the population supports.
Feminists and pro-choice activists frequently argue for comprehensive decriminalisation based on the belief that women are being systematically targeted and penalised for terminating their pregnancies. Since 2022, there have been several cases where women faced charges for procuring illegal abortions, with many charges ultimately being dropped.
Notably Carla Foster was sentenced to imprisonment, though her sentence was later reduced and suspended. Historically, before these instances, only three women have been convicted on charges related to abortion since 1861, the year abortion was initially criminalised.
The increase in convictions coincides with the Covid pandemic, which led to the cancellation of many face-to-face medical appointments. During this period, abortion pills were mailed to women to facilitate home-based pregnancy terminations. Consequently, healthcare professionals had to rely heavily on patient honesty to determine gestational age, as the medication was approved only for use up to ten weeks of pregnancy. Carla Foster acquired the abortifacients by deceiving medical staff, attempting to terminate her pregnancy at 32 weeks – far beyond the permissible ten-week limit. At this stage, her fetus was potentially viable. After taking the pills, Foster went into labour, resulting in a stillborn delivery.
The proposal presented to parliament was not the most radical on the table, as a more extreme alternative was considered. Antoniazzi’s amendment effectively prevented Labour MP Stella Creasy from advocating for the removal of criminal penalties for medical professionals conducting late-term abortions. Faced with a situation where both options presented immense drawbacks, politicians opted for the option perceived as the lesser evil doing so without engaging in thorough debate or considering the implications of either choice.
Decriminalisation establishes a concerning precedent, as evidenced by the situation in Australia. As sure as night follows day, left-wing politicians suffer from concept creep. The NSW Greens MP Amanda Cohn proposed an amendment to force hospitals to provide abortions. Thankfully it was dropped. Yet, the rot has already begun to set in. The cumulative impact of liberalisation has radically affected the entire nation. In Victoria, harrowing incidents have occurred involving babies born alive following ‘D.I.Y.’ abortions, sex-selective abortions, and women pressured into undergoing abortions against their will. Countries that have liberalised abortion laws have experienced a rise in abortions. For instance, in 2020, when New Zealand decriminalised late-term abortions, they saw a 43-per-cent increase in the first year.
What’s required is a limitation on abortion laws, rather than making them so extreme they are rendered meaningless. Allowing abortions up to six months of pregnancy is excessive, as the chances of survival significantly rise at this stage. The timeframe should be reduced to 12 weeks with later abortions only permitted in cases of medical emergencies.
Considering the substantial majority held by the UK Labour government, it is anticipated that the bill will pass without issue. By then, Britain will be moving further toward a less caring society in which progressive beliefs, half-truths, and blatant lies threaten the lives of those most vulnerable.
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