MPs have voted to change abortion legislation to stop women in England and Wales being prosecuted for ending their pregnancy.
The landslide vote to decriminalise the procedure is the biggest change to abortion laws in England and Wales for nearly 60 years.
Women who terminate their pregnancy outside the rules, for example after 24 weeks, will no longer be at risk of being investigated by police.
The law will still penalise anyone who assists a woman, including medical professionals, in getting an abortion outside the current legal framework.
Labour MP Tonia Antoniazzi put forward the amendment to the Crime and Policing Bill, which was passed by a majority of 242 votes.
As an issue of conscience, MPs were allowed to vote according to their personal beliefs.
The current law in England and Wales states that abortion is illegal but allowed up to the first 24 weeks of pregnancy and beyond that in certain circumstances such as if the woman’s life is in danger.
Women can also take medication at home to terminate their pregnancies under 10 weeks.
Setting out her arguments in Parliament, the Gower MP flagged that nearly 99% of abortions happen before a pregnancy reaches 20 weeks, leaving just 1% of women “in desperate circumstances”.
Antoniazzi highlighted a series of cases where women had been arrested for illegal abortion offences, such as Nicola Packer, who was taken from hospital to a police cell after delivering a stillborn baby at home after taking prescribed abortion medicine when she was around 26 weeks pregnant.
She told jurors during her trial, which came after more than four years of police investigation, that she did not realise she had been pregnant for more than 10 weeks.
Antoniazzi urged MPs to support her amendment to recognise “these women need care and support, and not criminalisation”.
“Each one of these cases is a travesty, enabled by our outdated abortion law,” she said.
“Originally passed by an all-male parliament elected by men alone, this Victorian law is increasingly used against vulnerable women and girls.”
The Antoniazzi amendment won the support from 379 MPs, with 137 against.
The new clause will not change any law regarding the provision of abortion services within a healthcare setting, including but not limited to the time limit, telemedicine, the grounds for abortion, or the requirement for two doctors’ approval.
It was backed by all the main abortion providers, as well as 180 MPs from across the Commons and 50 organisations including the Royal College of Obstetricians and Gynaecologists (RCOG).
Labour MP Stella Creasey had put forward a second amendment urging MPs to go further than Antoniazzi’s, proposing to ditch any abortion-related clauses of the 1861 Offences Against the Person Act – which outlaws abortion – and enshrine abortion access as a human right.
Creasy asked why MPs would want to retain outdated laws “in any shape or form, rather than learning from what is best practice around the world for all of our constituents”.
Creasy’s proposed amendment was publicly backed by 108 MPs before the debate – but abortion providers, including the British Pregnancy Advisory Service (BPAS), said the amendment was not the right way to achieve “generational change”, and it did not go to a vote.
Conservative shadow health minister Dr Caroline Johnson put forward a third amendment, aimed at stopping pills-by-post abortions by requiring a pregnant woman to have an in-person consultation before being prescribed medication to terminate her pregnancy.
The Johnson amendment was defeated, with 379 MPs voting against and 117 voting for.
RCOG President Prof Ranee Thakar welcomed the decision to accept the Antoniazzi amendment and reject Johnson’s as “a victory for women and for their essential reproductive rights”.
She said: “This sends a powerful signal that women’s rights and autonomy matter.
“The College has been campaigning to see this achieved for many years, and the decision reflects the voices of over 50 medical, legal and public health organisations.
“It also reflects the views of the public, who overwhelmingly support the right of women to access abortion care safely, confidentially, and without fear of investigation and prosecution.”
The amendment still needs to complete its legislative journey through both the Commons and the Lords before it can become law.
Campaigners welcomed the decision, including BPAS chief executive Heidi Stewart, who has been pushing for the change since 2016.
She said: “This is a landmark moment for women’s rights in this country and the most significant change to our abortion law since the 1967 Abortion Act was passed.
“There will be no more women investigated after enduring a miscarriage, no more women dragged from their hospital beds to the back of a police van, no more women separated from their children because of our archaic abortion law.”
However, the Society for the Protection of Unborn Children (SPUC) said it was “horrified” by the vote.
The organisation’s public policy manager, Alithea Williams, said: “If this clause becomes law, a woman who aborts her baby at any point in pregnancy, even moments before birth, would not be committing a criminal offence.”
“Now, even the very limited protection afforded by the law is being stripped away,” she added.
