Terminally Ill Adults (End of Life) Bill

Debate between Lord Archbishop of Canterbury and Lord Pannick

Committee stage
Friday 24th April 2026 Lords Chamber

[The Archbishop of Canterbury]

My Lords, I shall briefly make some reflections. It is a great privilege to follow my friend, the noble Baroness, Lady Rafferty; I thank her for her contribution. I recognise the enormous amount of work that has gone into this Committee stage. I am grateful to the noble and learned Lord, Lord Falconer, for meeting me; I thank him for the time that he has given me.

Noble Lords will know that I oppose the Bill in principle, both as a priest and as a nurse, but it is clear that some things unify us. Whether we support the Bill or oppose it, we are unified by the fact that we want people to die in a dignified, pain-free and compassionate way, with the least possible fear. I also believe that we are unified in the belief that there needs to be investment in palliative care now. I welcome the new modern framework for palliative care that the Government have introduced, but recognise that financial investment still needs to occur.

We are also unified around the fact that if this Bill or topic comes back in some form, we need to do our work differently. There is no doubt in my mind that this is one of the biggest societal shifts that we are seeing or will see. Therefore, we need to take our role seriously, as we have done. There is something about our learning for this process and looking forward to how we do it differently when it comes back. I was very taken by the view of the noble and learned Baroness, Lady Butler-Sloss, of pre-legislative scrutiny, although I do not know the details. We should look seriously at that.

We are also united in knowing that this touches some of our deepest emotions. I am grateful to those who have shared their own experiences and stories; I have felt very humbled listening to them. For me, as a Christian, this is clearly an eschatological question, as my friend, the noble Baroness, Lady Rafferty, said. Of course, for me, as a Christian, death is not the end. There is hope in death and life everlasting. As we talk about these things that touch us deeply, we need to look after each other and ourselves and recognise that this process will have impacted us, as well as those listening.

[Lord Pannick (CB)]

My Lords, I assure my friend, the noble Lord, Lord Farmer, that I shall seek to avoid pure wind. I share the disappointment of so many in this House, and indeed so many outside it, that we have not completed our task of scrutinising this important Bill. Scrutiny means not just debating seven clauses of a 59-clause Bill over 13 days; it means completing Committee and Report, going to Third Reading and voting on our differences.

There are profound differences of opinion that people can quite properly and reasonably hold, but there has to be a choice as to which side you are on. Our failure—and it is a real failure, for whatever reason—is a stain on the reputation of this House, because the issues raised by the Bill are profound. They are important to people—people who are worried about death and those who are worried that they may be coerced into agreeing to assisted dying. The issues are highly contentious, and the Bill has been passed by the other place—the democratically elected place. That does not mean that we have to agree with it, but it certainly means that we have to come to a view and vote on these matters.

I, incidentally, have no doubt whatever that if we had reached Report and Third Reading, and if we had voted on this Bill, the overwhelming majority of this House would have voted in support of the Bill, thereby rejecting the destructive amendments that were put forward. I think the opponents of the Bill know that as well.

Crime and Policing Bill

Debate between Lord Archbishop of Canterbury and Lord Pannick

Report stage
Wednesday 18th March 2026 Lords Chamber

[The Archbishop of Canterbury]

My Lords, many noble Lords will know that the Church of England’s view on abortion is one of principled opposition, recognising that there can be limited conditions under which abortion may be preferable to any available alternatives. This is based on the belief of the infinite worth and value of every human life, however old or young, and including life not yet born. The infinite value of human life is a fundamental Christian principle that underpins much of our legal system and has shaped existing laws on abortion. All life is precious. We therefore need to recognise that women confronted with the very complex and difficult decision to terminate a pregnancy deserve our utmost understanding, care and practical support as they face what is often a heart-wrenching decision.

However, I cannot support Clause 208. Though its intention may not be to change the 24-week abortion limit, it undoubtedly risks eroding the safeguards and enforcement of those legal limits and, inadvertently, undermining the value of human life.

I support Amendment 425 in the name of the noble Baroness, Lady Stroud, since it is not clear how the law can function in an enforceable way without in-person consultation before accessing early medical abortion. The risks of medical complications are, as we have heard, much greater if the pills for early abortion are taken beyond the 11-week limit. Although there are benefits to telemedicine—I do not dispute that—there are also flaws, and they are key to the debate on whether Clause 208 should pass.

As I have already said, this is not a debate on whether the legal abortion limit should change, but without the levers necessary to monitor and enforce the law, we are at risk of it becoming exactly that.

In the same vein, I support the amendment in the name of my right reverend friend the Bishop of Leicester, as we have a particular duty of care to those under 18 to ensure that they are properly cared for and supported while making such difficult decisions.

I am reminded of the call of the prophet Micah both to do justice and to love mercy. Balancing justice and mercy is the challenge that we are debating today. I do not think that women who act in relation to their own pregnancies should be prosecuted, but I also do not wish to see any increase in late-term abortions.

Although Clause 208 is well intentioned, it risks making an already imperfect situation worse. Therefore, I support Amendment 424 in the name of the noble Baroness, Lady Monckton.

Decriminalisation of abortion is a question of such legal, moral and practical complexity that it cannot be properly addressed in an amendment hastily added to another Bill. Consideration of any alteration to the abortion laws needs public consultation and robust parliamentary processes to ensure that every aspect of this debate is carefully considered and scrutinised.

There are many outstanding questions, which deserve greater attention, about the tone of policing in this area, about how we can best ensure that women suffering miscarriages can access the right care when they need it, and about how those who provide abortions outside the law will continue to be held accountable for doing so.

As I have said before in this place, we need a framework that supports women, not one that puts them and their unborn children in the way of greater harm. On that basis, I will support the amendments in the names of the noble Baronesses, Lady Monckton and Lady Stroud, and my right reverend friend the Bishop of Leicester should they push them to a vote.

[Lord Pannick (CB)]

It was suggested by the noble Baroness, Lady Lawlor, that Clause 208 would undermine respect for the law. On the contrary, it will enhance respect for the law, because it will express in statutory form compassion for women who have the misfortune to suffer the loss of their baby at late term for whatever reason it occurs, and it will prevent intrusive, distressing police investigations at a most sensitive time in any woman’s life.

It has been suggested that there should be a balance in the law. Clause 208 already includes the necessary balance because it protects the woman but maintains the criminal liability of anyone who assists her to have a late-term abortion, whether it be the abusive partner, the rogue doctor or whoever it may be. That is right and proper, and that is the balance that should be accorded.

As a lawyer, I look for precedents. The precedent that occurs to me is the Suicide Act 1961, in which Parliament recognised that a person who had the misfortune to seek to take their own life should not be prosecuted. You cannot be prosecuted for attempting to end your own life. But the law says—I appreciate that we are currently debating the assisted dying Bill, but my speech has nothing to do with that—that if you assist a person to seek to take their own life, you can be prosecuted. That is the distinction there, and it is the distinction in Clause 208.