Offences Against the Person Act: Section 58

Debate between Baroness Gale and Lord Stewart of Dirleton

Thursday 15th June 2023 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, the criminal offences in the main exist to address the harm caused by those who force or coerce someone into terminating their pregnancy. Cases of this nature brought to the court are extremely rare, and that is reflected in the absence of specific sentencing guidelines relating to this. The rarity of prosecutions reflects the CPS’s approach, independent of government, to bringing cases where they determine that there will, or will not, be a public interest.

[Baroness Gale (Lab)]

My Lords, does the Minister agree that access to abortion advice and lawful treatment should be a right given to women and girls so that they understand that they are entitled to help, advice and support and can confidently seek that help promptly? More information should be available so that situations that happened during Covid lockdown, when women and girls did not have access to face-to-face consultations with their GP, and instances such as happened recently, never happen again. Women should not be jailed and children should not be deprived of their mother. We are in 2023 and we are using a law of 1861. Can he do all he can to try to amend this law?

[Lord Stewart of Dirleton (Con)]

The noble Baroness speaks with compassion on the effects of this. I have to reiterate just a couple of points that I made. The decision to prosecute was one made independently of government. The matter was considered by the sentencing judge. As to the promulgation of advice via the NHS, I would be happy to relay the noble Baroness’s concerns to the Minister in the relevant department.