Reforming abortion law

During the election campaign, Jacinda Ardern promised that if elected she would decriminalise abortion. Labour followed up on that by referring the issue to the Law Commission for consideration. Today, the Law Commission reported back, with three options for reform:

• Under Model A there would be no statutory test that must be satisfied before an abortion could be performed. The decision whether to have an abortion would be made by the woman concerned in consultation with her health practitioner.
  
• Under Model B there would be a statutory test. The health practitioner who intends to perform an abortion would need to be satisfied that the abortion is appropriate in the circumstances, having regard to the woman’s physical and mental health and wellbeing.
  
• Under Model C, there would be no statutory test until 22 weeks of a pregnancy. After 22 weeks, the health practitioner who intends to perform an abortion would need to be satisfied that the abortion is appropriate in the circumstances, having regard to the woman’s physical and mental health and wellbeing.

Doctors overwhelmingly supported model A (which is used in Canada and the ACT), with a tiny fraction supporting model C. Nobody seems to have supported model B, and its pretty obviously there as salmonella. But what's worth noting is that any of these models is going to mean repealing the Crimes Act provisions and regulating abortion under the existing regulatory framework for health services, and ending the requirement for women to jump through hoops, declare themselves mentally ill, and endure the wagging finger of society. Abortion will be a health service, between a woman and her doctor.

And now its a question of which option the government will choose. Which is going to be a matter of ugly horse trading between Labour's young progressive women, and its old conservative / bigot rump and coalition partner. Because it will be a conscience vote, they'll also be looking across the House for liberal National MPs to secure a majority (assuming there are any: it seems any ambitious Nat feels obliged to grovel to the bigots and misogynists). It would be good if National's supposed liberals stepped up and made it clear which options they would support, but that would require them to display both principle and courage. And sadly, that seems to be too much to expect from politicians.

The full report can be read here.