Crime and Policing Bill

Debate between Baroness Falkner of Margravine and Lord Katz

Report stage
Wednesday 18th March 2026 Lords Chamber

[Baroness Falkner of Margravine (CB)]

I do not think that we take interventions on Report, if I may refer to the Companion—but perhaps the Whip could assist us.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

I can clarify for your Lordships’ House that the noble Baroness is able to take interventions, or not, as she wishes.

[Baroness Falkner of Margravine (CB)]

I would like to proceed and conclude my argument. I will be happy to listen to the noble Baroness once I have finished.

Because the police do not know when they find a lifeless body which of the situations they are confronted with, even with decriminalisation of abortion offences for the women acting in relation to her pregnancy, she may still be investigated. If it was a case of stillbirth, for example, for that woman the investigation will inevitably be a cause of stress. She might be worried that the evidence will not support her or she will not be believed. However, what else are the police supposed to do in these cases, other than try to establish the facts?

Therefore, it is not possible to remove women acting in relation to their pregnancy from any criminal process, even if you decriminalise abortion offences for them. What is possible is to introduce further guarantees, as we are attempting to do with this amendment, that would add an additional layer of personal assurance from the DPP that the facts in context of terminations are taken into account, and that after 12 months, in any event, proceedings will not be brought against the pregnant woman. It ensures that the decision to prosecute in relation to the woman is taken at the highest level—the DPP—and applies the certainty of a limitation period.

No solution in this area will ever be flawless, but when the evidence before us is so limited and the broader picture so uncertain, wholesale decriminalisation would be a disproportionate response to a problem which, in any event, needs careful and thoughtful steps for resolution. This amendment offers a more balanced and workable path to the problem that we all want to resolve satisfactorily. It provides meaningful safeguards for women, ensuring that any decision to prosecute is taken at the highest level, as well as the certainty of a limitation period, while not upending the balancing of principles and values underlying the Abortion Act 1967. I hope that both those who oppose criminalisation and those who are rightly troubled by the distressing cases we have discussed will see that this approach represents a principled and proportionate compromise, and will feel able to support it.

Crime and Policing Bill

Debate between Baroness Falkner of Margravine and Lord Katz

Committee stage
Monday 2nd February 2026 Lords Chamber

[Baroness Falkner of Margravine (CB)]

Before the Government Whip sits down, could he please remind the Committee that interventions have to be brief and cannot go on into speeches? Can he also remind the Committee that those who have put their names to these amendments should be heard prior to those who have not?

[Lord Katz (Lab)]

First, there are no points of order in our self-regulating House. Secondly, the noble Baroness makes the point about interventions very ably. Thirdly, as I said, there is time for everyone in Committee to both move their amendments and speak to other amendments, so I suggest we just take it in a reasonable order. I will leave it to the Committee to decide who speaks next.

--- Later in debate ---

[Lord Katz (Lab)]

The noble Baroness has had a lot of the Committee’s indulgence. We will take that as her finishing.

[Baroness Falkner of Margravine (CB)]

My Lords, I think the noble Baroness was in danger of no longer wishing to be heard. That is where the Committee was moving. When the Whips tell us to conclude, we really should conclude.