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Tonia Antoniazzi MP leads Westminster Hall debate on the Legal Rights to Access Abortion

29/11/2022

 
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On Monday 28th November I was honoured to lead a Westminster Hall petitions debate on Legal Rights to Access Abortion. 

You can watch my speech in full and read the transcript of the debate below. 
THE FULL TRANSCRIPT OF THE DEBATE CAN BE READ HERE:

Intervention from 

Tonia Antoniazzi MP resumes

I beg to move, that this House has considered e-petition 619334, relating to legal rights to access abortion.
Thank you, Sir Graham, for being in the Chair today. It is very interesting being a member of the Petitions Committee. I have had the opportunity to lead e-petition debates in Westminster Hall on subjects where we have a culture war and different opinions. After the last debate that I spoke in, on assisted dying, I feel strongly that across the House we have so much in common, so we need debate that is sensitive but importantly does not leave us in our echo chambers. I was brought up with a Catholic education. I feel strongly about some of these issues, but I also feel that we need to discuss them. I would like to set the tone—perhaps naively, though I hope not—for today’s debate, because it means so much to so many, regardless of their beliefs.

I thank Caitlin, who started the petition that we are discussing—she is with us today. In a climate where many are cynical about political institutions and the impact that individuals can make, the fact that this petition from one woman gained over 150,000 signatures is an incredible feat. To make that happen shows what a great democracy we have in this place. I had the pleasure of sitting down with Caitlin to discuss why she created the petition, and why for her it is incredibly important to be proactive when it comes to a woman’s right to choose. Caitlin is a dual national—a UK and US citizen—who was moved to start her petition by the recent overturning of Roe v. Wade in the United States, which, due to various state-level trigger laws, has overnight stripped millions of women of access to reproductive healthcare, criminalising healthcare providers and snatching away rights that were seen as settled for a generation. Roe v. Wade has shown in the starkest of ways the fragility of rights that are not preserved through a positive legislative statement but, like our own Abortion Act 1967, drawn from exceptions and interpretations of the law. It is impossible to think of any other basic health services that are accessed like that, particularly in the United Kingdom where free-at-the-point-of-use healthcare, accessed through the national health service, is a matter of pride.

For Caitlin, abortion as essential healthcare has particularly resonance; her grandmother suffered a late partial miscarriage and required a late-in-pregnancy abortion—a procedure that not only kept her alive but enabled her to have further children. We have all seen the horrific stories emanating from the USA since the Supreme Court overturned Roe v. Wade. A woman in Wisconsin, left bleeding for more than 10 days after an incomplete miscarriage. A doctor in Texas, told not to treat an ectopic pregnancy until it ruptured. A 10-year-old pregnant with her rapist’s child, forced to travel across state lines to get an abortion. Those stories seem a world away from us but, much like the USA in the Roe era, abortion in England and Wales is not a legal right.

Intervention from Christine Jardine 

The hon. Member is making an important and powerful speech. Does she agree that it is extremely worrying that a member of public should feel that our rights are so under threat, and there is such a danger of us going down the same route as America, that they felt moved to present the petition? It illustrates just how serious the situation is at the moment.

Tonia Antoniazzi MP resumes

That is so true, and I thank the hon. Lady for her contribution. This is what is so brilliant about petitions and about Caitlin wanting to make a difference and have her voice and those of over 150,000 heard, because we do not want that to happen here.
​
Intervention from Sir Desmond Swayne 

I am confused. The reality is that the conditions under which abortions are permitted are set out in statute law. They would require primary legislation to alter them. The petition appears to wish to hand the decisions to judges by establishing a right that will be interpreted by judges in exactly the way that Roe v. Wade has been reversed by judges. It is much better to stick with the position that we have, based on democratic provisions in this House and statute law.

Tonia Antoniazzi MP resumes

I thank the right hon. Gentleman for his contribution. I am not presenting my views per se; I am presenting the views of the petitioner, and I will go on to discuss how things would work. That is what we have to discuss. The petition presents a particular view and, although I agree with much of that view—not that that is relevant—it is how it would work, as he rightly points out, that we are discussing. It is therefore important that we sit in this Chamber and discuss it, but I thank him for his contribution.

Intervention from Ian Paisley 

I thank the hon. Lady for giving way. Is there not something fundamentally naive about a petition that attempts to juxtapose the legal system of the United Kingdom with the very different constitutional and legal system in the United States of America on the basis of fear, misinformation and media reportage, rather than on the basis of fact?

Tonia Antoniazzi MP resumes

I fundamentally disagree with those comments. As a woman, to see what has happened in America does give me fear. I do not believe that there is a great amount of misinformation, but I do believe that where we get our information from—the hon. Gentleman raises a valid point—is very, very important. We must not stay in the echo chambers that I spoke of at the beginning of my speech. We must discuss and debate, which is what is so good about this opportunity and the petition.

Intervention from Dr Julian Lewis 

The hon. Lady is incredibly generous in giving way. I applaud the tone in which she is presenting this case. The problem that some of us are grappling with is that, in America, what appears to have happened is that the Supreme Court had its political complexion changed and therefore came to a different decision. I, for one, regret the overturning of Roe v. Wade.

Having said that, it therefore seems strange, as my neighbour, my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), has said, to suggest 

that we should move away from the system that we have where Parliament decides what should and should not happen on a matter of policy of this sort, and hand it over to judges for whatever interpretation of the law they may choose to come up with.

Tonia Antoniazzi MP resumes

Again, that is a valid point that we can debate and discuss today. Does the policy being enshrined in a Bill of Rights actually work? Is that the political lever that is necessary? I do not necessarily believe that that is the case.

Intervention from Stella Creasy 

I thank my hon. Friend for giving way. I am very interested to hear what she has to say next. It is not the Opposition who are bringing forward a Bill of Rights,or claiming to do so—I am sure we will get into the issue of whether or not the legislation presented does represent that—but the concept of a Bill of Rights has been brought into British politics. It is absolutely right that we discuss what should be enshrined in that legislation and whether that includes a woman’s right to choose to have an abortion, which many of us feel is a human rights issue. It is that piece of legislation—I know she is about to start the debate —that means we need to have this conversation.

Tonia Antoniazzi MP resumes

I thank my hon. Friend for her comments. It is the Bill of Rights that is being discussed and brought forward that triggered Caitlin into wanting to protect women in this country, whether that happens or not. That is what I wish to discuss.

Abortion in Great Britain is still a criminal offence; the Abortion Act 1967 simply made abortion legal in certain, fixed circumstances. It is a product of its time, enacted in part to ensure that women no longer suffered serious health problems, or even death, because they were too afraid to seek medical help after an abortion. It is therefore ironic that its requirements, designed to pass Parliament more than half a century ago, risk women’s health. As we know, the Abortion Act requires that two doctors approve each request for a termination—a legal requirement that serves no clinical or safety purpose and often delays the process, despite abortion being safer the earlier that it is performed.

The fact that abortion continues to sit in criminal law has a chilling effect on medical practice and the willingness of doctors to authorise abortions. In a conversation earlier with a dear colleague, we discussed whether we actually knew somebody who was unable to access these services. Through conversations that I have had, I have found that there are such cases—that is what we need to discuss and look at.

Intervention from Mary Glindon 

In this crucial debate, what about women’s aftercare? We are talking about changing the law, and a number of my constituents are concerned that that would lead to abortion up until birth. We know that about 80% of women want the time limit reduced. Beyond that, what about the mental health of women who have had an abortion—where is the care for them? Where does this address things that have never been properly addressed for years and years?

Tonia Antoniazzi MP resumes

My hon. Friend makes a valid point about the aftercare of women who choose or choose not to have a termination. That is something that I feel strongly about—it may be years down the line that someone needs that support, and that support is lacking. I agree with her on that point, and it is something that we need to discuss further.

The threat of prosecution is a real fear; it is a fear that also deters doctors from wanting to enter this fundamental area of women’s healthcare. We are pleased to see early medical abortions being safely offered by GPs in other community settings, as it is in other countries. The fact that all non-hospital-based services must be specifically licensed and approved by the Secretary of State can be a barrier to improving access. Women who are unable to travel to clinics because of distance, personal circumstances —maybe coercive relationships—and medical conditions are poorly served by the current framework. If they take matters into their own hands by accessing pills online, they risk prosecution and prison. To talk of prosecution in these circumstances might seem laughable to some, but a recent Sunday Times investigation found that 52 women since 2015 have been reported to the police for allegedly breaking abortion laws.

I spoke to the British Pregnancy Advisory Service, and it is aware of multiple instances where the existing law criminalising abortion has been used against women who have ended their own pregnancy. Some of the examples given include a migrant woman in Oxford in 2021 who obtained and self-administered medication in a failed attempt to end her own pregnancy. When she was taken to hospital, the doctors performed a successful emergency C-section. Seemingly, they then reported her to the police because they found the remnants of medication in her vagina. She is now a parent to a toddler but is still being prosecuted for the attempted procurement of a miscarriage.

In London last year, a woman was admitted to hospital in need of a surgical procedure to empty her uterus after a stillbirth at 24 weeks as a result of abortion care sought within the formal healthcare system. While she was on the ward post procedure, she was arrested by the police. She was taken to a police station and kept in a police cell for 36 hours.

I cannot imagine any woman or girl ever wanting to be in this situation. When a little girl is growing up, she thinks about her lovely family and the children she is going to have. She says, “By the time I am 24, I am going to be married and have 2.3 children. I am going to live this life.” Women have hopes and dreams, and when they find themselves in this situation it is devastating to them, because they do not want to be in the situation and to be treated like that. I feel very strongly that it is really important to have this debate.

Intervention from Ian Paisley 

I actually think the hon. Member is absolutely right about the sheer compassion that this issue has to command. There were something like 800,000 pregnancies in the United Kingdom last year. I think that in the past seven or eight years 17 people have been brought up on the issue the hon. Member has identified, and only two have been charged. We are dealing with such a limited, narrow area—it is not widespread—and we need to keep that sense of proportion. It is important that the hon. Member has put those matters on the agenda.

Tonia Antoniazzi MP resumes

To be frank, we should have decriminalisation. I do not believe there should be one or two or that any woman should be made to feel like that--


Intervention from Ian Paisley 

How many?

Tonia Antoniazzi MP resumes

It is very difficult. [Interruption.] The hon. Member knows that we will disagree but, fundamentally, the fact that we can have this debate is the most important thing. I have to move on because we just will not agree, but it is important that everybody’s views are heard.


A 15-year-old girl was investigated by the police after a stillbirth at 28 weeks and accused of having an illegal abortion. Her phone and laptop were confiscated during her GCSE exams and she was driven to self-harm by the year-long investigation. Those are moments in a person’s life—in a woman’s life—that have been really impacted. The investigation concluded only when the coroner found that the pregnancy had ended as a result of natural causes. Imagine someone going through that while going through their GCSEs, with their whole life ahead of them.


This is the reality of criminalisation for the women investigated: their lives are being picked apart, they are being treated like criminals and it causes huge disruption. They do not feel safe in accessing medical services and their trust in the health service is undermined. These are often vulnerable women—even children—in desperate situations and with complicated medical histories or mental health problems. Because of the approach of the Crown Prosecution Service, rather than being provided with support in the moment these women face a terrifying journey of criminalisation.


We talk about choice when it comes to abortion, but those who are currently empowered to make choices are not the women who need the services but the police, who chose to investigate, and the CPS, which decides to prosecute. The current law takes fundamental decisions about an individual’s healthcare and hands it to the state. What is most concerning is that the law as it stands could be overturned by the Government of the day without a vote in Parliament.


This is where we perhaps need to look at the position of the current Cabinet and their views on a woman’s ability to access reproductive healthcare, because we can see that the issue is far from settled. I just want to point this out for the record. The Prime Minister has abstained on all votes relating to abortion in England since becoming an MP. That includes the votes on buffer zones and early medical abortion at home—the telemedicine we saw this year.


The Chancellor has been vocal about his desire to halve the time limit in which women can have abortions from 24 weeks to 12 weeks, even breaking the Whip. We say it is a matter of conscience, so I understand. The Home Secretary also voted against telemedicine being made permanent and the legal enforcement of buffer zones in 2022. We need to think about these views. It is right that Caitlin and the more than 150,000 other signatories to the petition are concerned, because if we look at our Parliament, we see that there is a risk of it happening. I totally understand Caitlin’s point of view.

Chris Green 
(Bolton West) (Con)
Sharethis specific contributionIf this legal right to an abortion were to be introduced, would it allow a legal right to a sex-selective abortion as well?

Tonia Antoniazzi 
Sharethis specific contributionI do not read it like that. I think there is a better way forward. That is my personal opinion.


Column 210WHis located here


Chris Green 
Sharethis specific contributionThe motivation would be determined in advance?

Tonia Antoniazzi 
Sharethis specific contributionI do not see it that way, but I thank the hon. Gentleman for bringing up that viewpoint.


It is incredibly important that we do not shy away from these debates. If there is something we can learn from the United States, it is how not to discuss women’s reproductive health. We cannot allow something so important to become yet another salvo in the culture war. This is down to us. Women deserve much better. I would like to end on that note, and I would like to thank everybody for their interventions. It is very important that we discuss the way forward. Decriminalisation is very, very important, because no woman or young girl should feel worry about their future.


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