Judith Cummins

With this it will be convenient to discuss the following: New clause 20—Application of criminal law of England and Wales to abortion (No. 2)— “(1) The Secretary of State must ensure that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented in respect of England and Wales. (2) Sections 58, 59 and 60 of the Offences Against the Person Act 1861 are repealed under the law of England and Wales. (3) The Infant Life Preservation Act 1929 is repealed. (4) No investigation may be carried out, and no criminal proceedings may be brought or continued, in respect of an offence under those sections of the Offences Against the Person Act 1861 or under the Infant Life Preservation Act 1929 under the law of England and Wales (whenever committed). (5) The Abortion Act 1967 is amended as follows. (6) In section 6 remove, ‘sections 58 and 59 of the Offences Against The Person Act 1861, and’. (7) Notwithstanding the repeal of the criminal law relating to abortion, the provisions of sections 1 to 4 of the Abortion Act 1967 remain in place except that that section 1 is amended so as to remove the words ‘a person shall not be guilty of an offence under the law relating to abortion when’ and replaced with ‘a pregnancy can only be terminated when’. (8) The Secretary of State must (subject to subsection (9)) by regulations make whatever other changes to the criminal law of England and Wales appear to the Secretary of State to be necessary or appropriate for the purpose of complying with subsection (1). (9) But the duty under subsection (8) must not be carried out so as to— (a) amend this section, (b) reduce access to abortion services for women in England and Wales in comparison with access when this section came into force, or (c) amend section 1 of the Abortion Act 1967 (medical termination of pregnancy). (10) The Secretary of State must carry out the duties imposed by this section expeditiously, recognising the importance of doing so for protecting the human rights of women in England and Wales. (11) In carrying out the duties imposed by this section the Secretary of State must have regard in particular to the United Nations Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights in considering what constitute the rights of women to sexual and reproductive health and to gender equality. (12) The Secretary of State may (subject to subsection (9)) by regulations make any provision that appears to the Secretary of State to be appropriate in view of subsection (2) or (3). (13) For the purpose of this section— (a) ‘the United Nations Convention on the Elimination of All Forms of Discrimination against Women’ or ‘the Convention on the Elimination of All Forms of Discrimination against Women’ means the United Nations Convention on the Elimination of All Forms of Discrimination against Women, adopted by United Nations General Assembly resolution 34/180, 18 December 1979; (b) ‘the International Covenant on Economic, Social and Cultural Rights’ means the International Covenant on Economic, Social and Cultural Rights 1966, adopted by United Nations General Assembly resolution 2200A (XXI), 16 December 1966; and (c) ‘the CEDAW report’ means the Report of the Inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/OP.8/GBR/1) published on 6 March 2018.” New clause 106—Abortion: requirement for in-person consultation— “In section 1(3D) of the Abortion Act 1967, omit ‘, by telephone or by electronic means’.” This new clause would mean that a pregnant woman would need to have an in-person consultation before lawfully being prescribed medicine for the termination of a pregnancy. Amendment 17, in clause 167, page 186, line 36, leave out “or 112” and insert— “112 or [Application of criminal law of England and Wales to abortion Amendment 2]”. Amendment 1, in clause 170, page 189, line 22, after subsection (2)(c) insert— “(ca) section [Removal of women from the criminal law related to abortion].” This amendment is conditional on the introduction of NC1. It would bring the new law into force on the day the Act is passed. Amendment 18, page 189, line 22, at end insert— “(ca) [Application of criminal law of England and Wales to abortion No. 2];”.