Debate on an e-petition to include abortion rights in the Bill of Rights

Bill of Rights Bill

The Government has published a Bill of Rights Bill which would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. The Bill would thus reform the law relating to human rights in the UK. It was introduced in the House of Commons on 22 June 2022. The Bill has not yet had its second reading and no date is currently scheduled.

E-petition 619334 calls on the Government to “enshrine abortion rights in the new UK Bill of Rights”, so that “rights to abortion [are] specifically protected in this legislation”. The Government responded to the petition on 20 September 2022. It stated that it would be “looking again at the Bill of Rights to ensure it will deliver the Government’s objectives as effectively as possible”.

Law on abortion in Great Britain and Northern Ireland

In Great Britain, abortion is an offence under sections 58 and 59 of the Offences Against the Person Act 1861 and section 1(1) of the Infant Life (Preservation) Act 1929. The Abortion Act 1967 (as amended) established exceptions to these offences, under certain limited circumstances. Abortion is thus lawful in England, Scotland, and Wales provided the criteria in the Abortion Act 1967 are met.

The Abortion Act 1967 was never extended to Northern Ireland and the law on abortion in Northern Ireland is different to Great Britain. Changes to the law on abortion in Northern Ireland were introduced by the UK Government through Section 9 of the Northern Ireland (Executive Formation etc) Act 2019. The changes included repealing sections 58 and 59 of the Offences Against the Person Act 1861 and introducing a new legal framework for abortion in Northern Ireland. Detailed information can be found in the Commons Library briefing on Abortion in Northern Ireland: recent changes to the legal framework (June 2022).

The purpose of this debate pack is to provide an overview of the law on abortion in Great Britain and Northern Ireland, together with information on the Bill of Rights Bill. This briefing does not comment on, or add to, the debate on the ethics of abortion.