Abortion Rights Blog

The national pro-choice campaign

What happened in the Lords and why it matters

At the centre of all this is Clause 208. It’s a small part of a much bigger, and problematic, bill that will bring in repressive measures to restrict the right to protest among other issues. But the proposed amendment on abortion goes to the core of how abortion is treated in this country.

Right now, abortion still sits in criminal law, rooted in legislation from 1861.

https://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents

This archaic law has increasingly been used to target women.

Women have been investigated. Arrested. Taken to court. 

Further reading:

https://www.bbc.co.uk/news/uk-66548723
https://www.theguardian.com/society/2023/aug/22/women-investigated-over-abortion-uk

What the reform would do

Clause 208 would take women out of criminal law for ending their own pregnancies.

No more police investigations.

No more prosecutions.

It’s an important step towards abortion being treated as what it is: healthcare.


What nearly happened instead

A series of amendments tried to push things in the opposite direction.

They would have:

  • Scrapped the reform entirely
  • Forced people back into in-person appointments
  • Kept abortion firmly within criminal law
  • Introduced more scrutiny, especially for young people

Telemedicine, used by over 100,000 people a year, was directly targeted and despite the fact that it is supported by strong evidence:

https://www.bmj.com/content/372/bmj.n297

How it played out

Those attempts failed.

The vote to remove the reform was defeated (185–148).

The attempt to end telemedicine was also voted down (191–119).

Other amendments, including those introducing mandatory investigations, didn’t pass.

So:

Reform stays in the bill.

Telemedicine stays.

No rollback. No step backwards.


But let’s be clear

This isn’t full decriminalisation.

It’s a step. An important one.

But the system that allows women and people who support them to be criminalised still exists.


What happens next

The bill goes back to MPs.

There will be more debate. Possibly more votes.

Nothing is final yet.


Conclusion

Progress was protected.

But women are still being criminalised.

The law hasn’t changed yet.

This isn’t over.


Act 

HOLD THE BBC TO ACCOUNT

MAKE A COMPLAINT

Last night the BBC hosted James Orr, a Cambridge academic and senior adviser to Reform UK on its Question Time panel. James Orr has expressed support for a total ban on abortion, including in cases of rape. This is despite the fact that one in three women will have an abortion in their lifetime, and nine in ten people in Britain identify as pro-choice.. 

 Use our template letter to complain to the BBC. This is not “balance.” It gives legitimacy to an extreme and harmful position that undermines the rights, safety, and dignity of women and girls.