Catastrophic reporting by The Telegraph

On 09 May 2024, The Telegraph published an article responding to Ansell’s NC15, with the following headline: “Reducing abortion time limits would be ‘catastrophic’ for women.” [1] The article is misleading, or perhaps a better description would be that it is incorrect.

The reporter, Donnelly, alleges that the Criminal Justice Bill amendment NC15, tabled by Caroline Ansell MP,[2] [3] would mean that women would not be able to have an abortion performed for fetal anomalies after 22-weeks of pregnancy. That is simply not correct; Ansell’s amendment proposes a lowering of the term-limit, from 24-weeks to 22, for just the abortions covered by section 1(1)(a) of The Abortion Act 1967,[4] it does not change the term limits for abortions covered by the other sections (b), (c), and (d).[5] This means that in the tragic event of a fetal anomaly diagnosis, a woman could still have an abortion, under 1(1)(d), without any gestational term limit.

Donnelly cites a letter sent to MPs by 100 medical specialists,[6] in which the writers say that they are ‘alarmed’ by this amendment and write that: “the majority of abortions performed at later gestation are for fetal anomaly… While an abortion on the grounds of fetal anomaly may still appear to be available at this point [if NC15 is passed], as practitioners we know that the moment the broader time limit passes, the willingness of doctors to certify an abortion as meeting these stringent grounds decreases significantly.”

So, there seems to be agreement, even by those who are opposed to it, that Ansell’s NC15 will not remove the rights of women to have a later gestation abortion in the event of a fetal anomaly diagnosis, nor if there is a risk of permanent injury or death for the pregnant woman. NC15, rightly, proposes to lower the term-limit from 24w to 22w for Ground C and D abortions, which are those effectively provided on the request of the pregnant woman for non-medical reasons. That hardly seems to be an ‘alarming’ or ‘catastrophic’ attack on women’s rights.

---

[1] Donnelly, L. (2024, May 9). Reducing abortion time limits would be ‘catastrophic’ for women, MPS warned. The Telegraph. https://www.telegraph.co.uk/news/2024/05/09/reduced-abortion-time-limits-catastrophic-for-women/

[2] Criminal Justice Bill publications – Parliamentary Bills – UK Parliament. (n.d.). https://bills.parliament.uk/bills/3511/publications

[3] NC15 – Caroline Ansell. To move the following Clause— “Abortion: gestation limits

(1) In section 1(2) of the Infant Life (Preservation) Act 1929, for “twenty-eight” substitute “twenty-two”.

(2) In section 1(1)(a) of The Abortion Act 1967, for “twenty-fourth” substitute “twenty-second”.”

[4] Abortion Act 1967. https://www.legislation.gov.uk/ukpga/1967/87/section/1

[5] Section1(1)(a) of The Abortion Act 1967

1 Medical termination of pregnancy.

(1)Subject to the provisions of this section, a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith—

(a)that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or

(b)that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or

(c)that the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; or

(d)that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.

[6] Specialists in Fetal Medicine – concerns over amendments to alter abortion limits | RCOG. (n.d.). RCOG. https://www.rcog.org.uk/news/specialists-in-fetal-medicine-concerns-over-amendments-to-alter-abortion-limits/
Signatories include 72 consultants in obstetrics and fetal medicine and 22 specialists in maternal and fetal medicine and abortion care.