Crime and Policing Bill

Baroness Smith of Newnham Excerpts

Report stage
Wednesday 18th March 2026 Lords Chamber

[Lord Pannick (CB)]

Of course, the unborn baby, until it is born, has no legal identity. That is the law of the land. The unborn baby has no legal identity, and the mother is in the prime position in relation to that baby. We have to balance the interests of all concerned. My view is that Clause 208 does contain the balance that I have suggested to the House.

[Baroness Smith of Newnham (LD)]

My Lords, if we have to balance the needs and rights of all concerned, does that mean that an unborn child that is viable beyond 24 weeks has no rights and should not be considered here? Does it mean that it is only the rights of the mother that matter?

[Lord Pannick (CB)]

I am not commending late-term abortions. Nobody on either side of this debate is commending late-term abortions. The question addressed by Clause 208 is whether there should be a criminal liability: whether people should be investigated by the police and potentially sent to prison in those circumstances. That seems to me, with all due respect, to be the wrong balance. I say to the House that this is a very difficult issue, but I am afraid that those who oppose Clause 208 simply fail to recognise the arguments on the other side, which need to be balanced.

--- Later in debate ---

[Baroness Berridge (Con)]

My Lords—

[Baroness Smith of Newnham (LD)]

My Lords—

[Noble Lords]

Front Bench!