Abortion Act 1967

Last updated

Abortion Act 1967 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to amend and clarify the Law relating to termination of pregnancy by registered medical practitioners.
Citation 1967 c. 87
Introduced by David Steel
Territorial extent England and Wales; Scotland
Dates
Royal assent 27 October 1967
Commencement 27 April 1968
Other legislation
Amended byThe Human Fertilisation and Embryology Act 1990
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Abortion Act 1967 [1] (c. 87) is an act of the Parliament of the United Kingdom that legalised abortion in Great Britain on certain grounds by registered practitioners, and regulated the tax-paid provision of such medical practices through the National Health Service (NHS).

Contents

The bill was introduced by Liberal MP David Steel as a Private Member's Bill. The proposal was backed by the Labour government, who appointed the president of the Royal College of Obstetricians and Gynaecologists, Sir John Peel, to chair a medical advisory committee that reported in favour of passing the bill. [2]

After a further heated political and moral debate, the House of Commons passed it by a vote of 167 to 83 on 13 July 1967. [3] The House of Lords granted it a second reading by a vote of 127 to 21 on 19 July, [4] and approved it with minor changes on 23 October. [5] On 25 October, the Commons voted 188—94 to agree with the amendments made by the Lords. [6] The bill was enacted two days later, and came into force on 27 April 1968.

The act made it lawful to have an abortion up to the 28th week if two registered medical practitioners believed in good faith that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or harm her physical or mental health or that of any of her family members. It did not extend to Northern Ireland, where, until 2019, abortion remained illegal unless the doctor acted "only to save the life of the mother", or if continuing the pregnancy would have resulted in the pregnant woman becoming a "physical or mental wreck".

Later laws

Since 1967, members of Parliament have introduced a number of private member's bills to change the abortion law. Five resulted in substantive debate (1975, [7] 1976, [8] 1979, [9] 1988, [10] and 1990 [11] ), but all failed. The Lane Committee investigated the workings of the Act in 1974 and declared its support.

Human Fertilisation and Embryology Act 1990

Changes to the Abortion Act 1967 were introduced in Parliament through the Human Fertilisation and Embryology Act 1990. The time limits were lowered from 28 to 24 weeks for most cases on the grounds that medical technology had advanced sufficiently to justify the change. Restrictions were removed for late abortions in cases of risk to life, fetal abnormality, or grave physical and mental injury to the woman. Some Members of Parliament claimed not to have been aware of the vast change the decoupling of the Infant Life Preservation Act 1929 would have on the Abortion Act 1967, particularly in relation to the unborn disabled child.[ citation needed ]

Politicians from the unionist and nationalist parties in Northern Ireland joined forces on 20 June 2000 to block any extension of the Abortion Act 1967 to Northern Ireland where terminations were only allowed on a restricted basis. [12]

Human Fertilisation and Embryology Act 2008

There was widespread action across the country to oppose any attempts to restrict abortion access [13] [14] [15] via the Human Fertilisation and Embryology Bill (now Act) in Parliament (Report Stage and Third Reading 22 October 2008 [16] ). MPs voted to retain the current legal limit of 24 weeks. Amendments proposing reductions to 22 weeks and 20 weeks were defeated by 304 to 233 votes and 332 to 190 votes respectively. [17]

A number of abortion rights amendments were proposed by Diane Abbott MP, [18] Katy Clark MP and John McDonnell MP [19] - including NC30 Amendment of the Abortion Act 1967: Application to Northern Ireland. [20] However, it was reported that the Labour Government at the time asked MPs not to table these amendments (and at least until Third Reading) and then allegedly used parliamentary mechanisms in order to prevent a vote. [21] Harriet Harman, in particular, was reported to have blocked the series of votes to liberalise Britain's abortion laws. [22] [23] [24] [25]

50th anniversary of the Abortion Act 1967

In May 2017, the Labour Party under Jeremy Corbyn's leadership made a commitment to extend the Abortion Act 1967 to Northern Ireland. [26] [27] In June 2017, the UK Government revealed plans to provide some type of free abortion services in England for women from Northern Ireland in an attempt to head off a Conservative rebellion in a vote on the Queen's speech. [28]

Northern Ireland (Executive Formation etc) Act 2019

The Northern Ireland (Executive Formation etc) Act 2019, enacted on 24 July 2019, extended the deadline for the restoration of the Executive to 21 October 2019. Section 9 of the Act provided that, if an Executive were not restored by that date:

On 21 October 2019, as a result of the Executive not being restored, sections 58 and 59 of the 1861 Act were repealed, decriminalising abortion in Northern Ireland.

See also

Related Research Articles

<span class="mw-page-title-main">Abortion in the United Kingdom</span> Overview of the legality and prevalence of abortions in the United Kingdom

Abortion in the United Kingdom is de facto available under the terms of the Abortion Act 1967 in Great Britain and the Abortion (No.2) Regulations 2020 in Northern Ireland. The procurement of an abortion remains a criminal offence in Great Britain under the Offences Against the Person Act 1861, although the Abortion Act provides a legal defence for both the pregnant woman and her doctor in certain cases. Although a number of abortions did take place before the 1967 Act, there have been around 10 million abortions in the United Kingdom. Around 200,000 abortions are carried out in England and Wales each year and just under 14,000 in Scotland; the most common reason cited under the ICD-10 classification system for around 98% of all abortions is "risk to woman's mental health."

Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal foetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn foetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.

<span class="mw-page-title-main">Harriet Harman</span> British Labour politician

Harriet Ruth Harman is a British politician and solicitor who has served as Member of Parliament (MP) for Camberwell and Peckham, formerly Peckham, since 1982. A member of the Labour Party, she has served in various Cabinet and Shadow Cabinet positions.

<span class="mw-page-title-main">Nick Palmer</span> British Labour politician

Nicholas Douglas Palmer is a British politician, translator and computer scientist. He was the Labour Party Member of Parliament (MP) for Broxtowe in Nottinghamshire from 1997 until he lost the seat at the 2010 general election to Conservative Anna Soubry, by 390 votes.

The Eighth Amendment of the Constitution Act 1983 was an amendment to the Constitution of Ireland which inserted a subsection recognising the equal right to life of the pregnant woman and the unborn. Abortion had been subject to criminal penalty in Ireland since at least 1861; the amendment ensured that legislation or judicial interpretation would be restricted to allowing abortion in circumstances where the life of a pregnant woman was at risk. It was approved by referendum on 7 September 1983 and signed into law on 7 October 1983. In 2018, it was repealed by referendum.

Abortion in Australia is legal nationwide. There are no federal abortion laws, and full decriminalisation of the practice has been enacted in all jurisdictions. Access to abortion varies between the states and territories: surgical abortions are readily available on request within the first 22 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania. Later term abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires a single physician's approval.

<span class="mw-page-title-main">Sexual Offences Act 1967</span> United Kingdom legislation

The Sexual Offences Act 1967 is an act of Parliament in the United Kingdom. It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained the age of 21. The law was extended to Scotland by the Criminal Justice (Scotland) Act 1980 and to Northern Ireland by the Homosexual Offences Order 1982.

The Twenty-fifth Amendment of the Constitution Bill 2001 was a proposed amendment to the Constitution of Ireland to tighten the constitutional ban on abortion. It would have removed the threat of suicide as a grounds for legal abortion in the state, as well as introducing new penalties for anyone performing an abortion, by giving constitutional status to legislation proposed to be enacted after the amendment. It was narrowly rejected in a referendum held on 6 March 2002, with 50.4% against.

<span class="mw-page-title-main">Criminal Justice (Scotland) Act 1980</span> United Kingdom legislation

The Criminal Justice (Scotland) Act 1980 is an Act of Parliament in the United Kingdom. Most of the Act's provisions were merely a consolidation of already existing legislation, and as such subject to little controversy, with the notable exception was Section 80, which partially decriminalised private homosexual acts between consenting adults in Scotland.

"Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of twenty-one years." (§80:1)

<span class="mw-page-title-main">Contraception, Sterilisation, and Abortion Act 1977</span> Act of Parliament in New Zealand

Contraception, Sterilisation, and Abortion Act 1977, also known as the CS&A Act 1977, is an Act of Parliament in New Zealand. It was passed shortly following an inquiry by the Royal Commission on Contraception, Sterilisation and Abortion. The legislation established the legal framework for abortion in New Zealand; with abortions being allowed provided the procedure was approved by two certifying consultants and that the circumstances met the criteria of the Crimes Act 1961. In March 2020, several of its provisions were amended by the Abortion Legislation Act 2020, which eased access to abortion and eliminated most of the criteria established by the Crimes Act 1961.

The Protection of Life During Pregnancy Act 2013 was an Act of the Oireachtas which, until 2018, defined the circumstances and processes within which abortion in Ireland could be legally performed. The act gave effect in statutory law to the terms of the Constitution as interpreted by the Supreme Court in the 1992 judgment Attorney General v. X. That judgment allowed for abortion where pregnancy endangers a woman's life, including through a risk of suicide. The provisions relating to suicide had been the most contentious part of the bill. Having passed both Houses of the Oireachtas in July 2013, it was signed into law on 30 July by Michael D. Higgins, the President of Ireland, and commenced on 1 January 2014. The 2013 Act was repealed by the Health Act 2018, which commenced on 1 January 2019.

<span class="mw-page-title-main">European Union (Withdrawal) Act 2018</span> United Kingdom legislation

The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. The bill's passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.

<span class="mw-page-title-main">European Union (Notification of Withdrawal) Act 2017</span> United Kingdom legislation

The European Union Act 2017 was an Act of the Parliament of the United Kingdom to empower the Prime Minister to give to the Council of the European Union the formal notice – required by Article 50 of the Treaty on European Union – for starting negotiations for the United Kingdom's withdrawal from the European Union. It was passed following the result of the 2016 United Kingdom European Union membership referendum held on 23 June in which 51.9% of voters voted to leave the European Union.

<span class="mw-page-title-main">Thirty-sixth Amendment of the Constitution of Ireland</span> 2018 amendment liberalising abortion laws

The Thirty-sixth Amendment of the Constitution of Ireland is an amendment to the Constitution of Ireland which permits the Oireachtas to legislate for abortion. The constitution had previously prohibited abortion unless there was a serious risk to the life of the mother.

<span class="mw-page-title-main">Health (Regulation of Termination of Pregnancy) Act 2018</span> Law regulating the availability of abortion in Ireland

The Health Act 2018 is an Act of the Oireachtas which defines the circumstances and processes within which abortion may be legally performed in Ireland. It permits termination under medical supervision, generally up to 12 weeks' pregnancy, and later if pregnancy poses a serious health risk or there is a fatal foetal abnormality.

Abortion in Queensland, Australia, is available on request in the first 22 weeks of pregnancy, with the approval of two doctors usually required for later terminations of pregnancy. Queensland law prohibits protesters from coming within 150 metres of an abortion clinic and requires conscientiously objecting doctors to refer women seeking an abortion to a doctor who will provide one. The current legal framework was introduced by the Palaszczuk Labor Government with the passage of the Termination of Pregnancy Act by the Parliament of Queensland on 17 October 2018 in a conscience vote. Before the Termination of Pregnancy Act took effect on 3 December 2018, abortion was subject to the Criminal Code and the common law McGuire ruling, which made abortion unlawful unless the abortion provider had a reasonable belief that a woman's physical or mental health was at risk. Availability varies across the state, and is more limited in rural and remote areas outside South East Queensland. In the absence of standardised data collection, it is estimated that between 10,000 and 14,000 abortions occur every year in Queensland.

<span class="mw-page-title-main">Northern Ireland (Executive Formation etc) Act 2019</span> United Kingdom legislation

The Northern Ireland Act 2019, colloquially known as the 2019 Northern Ireland Act, is an Act of the Parliament of the United Kingdom that provided for the extension of the period for forming a Northern Ireland executive until 13 January 2020. The Act also extended the powers of the Secretary of State for Northern Ireland during this time whilst imposing several conditions. The Act requires that the Secretary of State report regularly to Parliament, designed to limit the ability of the sovereign to prorogue parliament, as well as providing for the legalisation of same-sex marriage and opposite-sex civil partnership in Northern Ireland and the liberalisation of abortion laws if no executive was formed by midnight on 21 October 2019. After the deadline passed, abortion was decriminalised automatically by repeal of Sections 58 and 59 of the Offences Against the Person Act 1861; in December 2019 the British Government passed regulations legalising same-sex marriage and opposite-sex civil partnerships on 13 January 2020. Further regulations governing abortion came into force on 31 March 2020.

Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.

References

  1. 1 2 The citation of this Act by this short title is authorised by section 7(1) of this Act.
  2. "Obituary" Sir John Peel". The Daily Telegraph . 2 January 2006. Retrieved 22 December 2012.
  3. "Medical Termination of Pregnancy Bill (1967)". Parliamentary Debates (Hansard) . House of Commons. 13 July 1967. Retrieved 30 July 2023.
  4. "Medical Termination of Pregnancy Bill (1967)". Parliamentary Debates (Hansard) . House of Lords. 19 July 1967. Retrieved 30 July 2023.
  5. "Medical Termination of Pregnancy Bill (1967)". Parliamentary Debates (Hansard) . House of Commons. 23 October 1967. Retrieved 31 July 2023.
  6. "Clause 1—(Medical Termination Of Pregnancy)". 25 October 1967. Retrieved 31 July 2023.
  7. "Abortion (Amendment) Bill (Select Committee)". Parliamentary Debates (Hansard) . United Kingdom: House of Commons. 26 February 1975. col. 503–542.
  8. "Abortion (Amendment) Bill (Select Committee)". Parliamentary Debates (Hansard) . United Kingdom: House of Commons. 9 February 1976. col. 100–170.
  9. "Abortion (Amendment) Bill". Parliamentary Debates (Hansard) . United Kingdom: House of Commons. 13 July 1979. col. 891–983.
  10. "Abortion (Amendment) Bill". Parliamentary Debates (Hansard) . United Kingdom: House of Commons. 22 January 1988. col. 1228–1296.
  11. "Clause 34: Amendment of law relating to termination of pregnancy". Parliamentary Debates (Hansard) . United Kingdom: House of Commons. 21 June 1990. col. 1178–1209.
  12. Birchard, Karen (2000). "Northern Ireland resists extending abortion Act". The Lancet. 356 (9223): 52. doi:10.1016/S0140-6736(05)73390-0. S2CID   54407089.
  13. "Last chance – Abortion Rights protest tonight - The F-Word". www.thefword.org.uk. 21 October 2008. Retrieved 16 March 2018.
  14. "Abortion Rights". Abortion Rights. Retrieved 16 March 2018.
  15. "Stand up for the Pro-Choice Majority!". pennyred.blogspot.co.uk. 15 January 2008. Retrieved 16 March 2018.
  16. Westminster, Department of the Official Report (Hansard), House of Commons. "House of Commons Hansard Debates for 22 Oct 2008 (pt 0006)". publications.parliament.uk. Retrieved 16 March 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
  17. "MPs reject cut in abortion limit". BBC News . 21 May 2008.
  18. Abbott, Diane (23 July 2008). "Diane Abbott: A right to choose? Not in Northern Ireland". the Guardian. Retrieved 16 March 2018.
  19. "MPs pushing abortion rights in NI". 23 July 2008. Retrieved 16 March 2018.
  20. Commons, Table Office, House of. "House of Commons Amendments". publications.parliament.uk. Retrieved 16 March 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
  21. "Harriet Harman shouldn't be blogging on International Women's Day – she's suppressed women's rights for 12 years | LabourList". LabourList | Labour's biggest independent grassroots e-network. 9 March 2009. Retrieved 16 March 2018.
  22. Watt, Nicholas (20 October 2008). "Harman to block Commons votes on liberalising abortion laws". the Guardian. Retrieved 16 March 2018.
  23. "Editorial: Abortion law have fallen victim to political expediency". the Guardian. 21 October 2008. Retrieved 16 March 2018.
  24. Hennessy, Patrick (12 July 2008). "Gordon Brown and Harriet Harman in abortion bust-up". Daily Telegraph. ISSN   0307-1235 . Retrieved 16 March 2018.
  25. Elliott, Cath (17 October 2008). "Cath Elliott: Gordon Brown seems determined to stifle even progressive amendments to the HFE bill". the Guardian. Retrieved 16 March 2018.
  26. "Manifesto - The Labour Party". The Labour Party. Retrieved 16 March 2018.
  27. "Labour would change the law to stop women in Northern Ireland being sent to prison for abortions" . The Independent. 11 May 2017. Archived from the original on 11 May 2017. Retrieved 16 March 2018.
  28. Elgot, Jessica (23 October 2017). "Northern Irish women offered free abortion services in England". the Guardian. Retrieved 16 March 2018.

Further reading