Crime and Policing Bill

Debate between Lord Jackson of Peterborough and Baroness Thornton

Committee stage
Monday 2nd February 2026 Lords Chamber

[Lord Jackson of Peterborough (Con)]

I have never committed murder or been a hangman, but I can take a view on capital punishment from a moral view. To disaggregate people and their right or obligation to comment on the debate is not helpful. I caveat that by saying I have an awful lot of respect for how eloquently the noble Baroness put her case.

As I said at Second Reading, this will harm women, increase the number of late-term abortions and dehumanise children in the womb in a way I find chilling. But that has not been reflected on in the way that this has come to form part of the Bill.

During the debate on Report in the other place, which lasted a little over two hours in total, three new clauses were debated: proposed new Clause 1, which is now Clause 191; proposed new Clause 20, which proposed an even more extreme form of decriminalisation than that which we are considering today; and proposed new Clause 106, which I am delighted to see tabled again as Amendment 460 in the name of my noble friend Lady Stroud, which, needless to say, I strongly support.

In fact, saying that there were two hours of debate on such a significant proposal is perhaps overly generous. Sandwiched between the remarks of the three Members moving the proposed new clauses and the responses of the Front Benches, just 46 minutes were given over to speeches from Back-Bench MPs. The point is that there has been a scandalous lack of consideration of this change in our law and its impact.

I accept that some aspects of abortion law are an issue of conscience, but that is not a “get out of jail free” card for failure to undertake any form of due diligence, particularly on proposals that many of us regard as potentially dangerous. There is no impact assessment, there has been no pre-legislative scrutiny and there has been no consultation of any kind. I hope that the Minister, in responding to this group, addresses those issues.

I strongly support the noble Baroness, Lady Monckton, in her proposal to remove Clause 191 from the Bill and will do so again on Report. However, the danger of Clause 191 is compounded by the continuation of the pandemic hangover policy of pills by post, which provides for easy access to abortion pills without sufficient checks. I am afraid I simply cannot understand the view that holds that Clause 191 is pro-women. In combination with the ongoing availability of pills by post, it instead seems to me to offer the worst of both worlds. It opens the gates for overly expeditious access to less-than-safe care.

As the Member for Reigate in the other place has said:

“Being pro-choice should not mean supporting fewer checks and worse care for women seeking an abortion. Indeed, this is an issue where both sides of the abortion debate ought to eschew tribalism and unite in support of common-sense measures that safeguard women”.


I hope that we can rise above tribalism on this issue and find some common ground.

There are amendments in this group which I strongly support, including Amendments 455 and 459, but I will move on to my own Amendment 461F. While I would pick out other excellent amendments from this group, in the interests of time I will speak to my amendment particularly. My amendment would require the Secretary of State to publish guidance on the investigation of offences relating to abortion and infanticide within 12 months of the commencement of Clause 191. The amendment is concerned with providing clarity and clear protocols to distinguish between what would be a decriminalised self-induced abortion and a criminal act of infanticide or child destruction.

My amendment is also designed to reassure proponents of Clause 191, including some who advise concern about possible intimidation or distress caused to a woman who may have experienced a miscarriage or stillbirth. I recognise those concerns. Women facing miscarriage, stillbirth or medical crisis deserve care, dignity and compassion and nothing in my amendment would change that. However, I point to the other way around and suggest that the absence of clear guidance is what can produce overreach and inconsistency. When professionals are left uncertain about the law and about thresholds, practice understandably becomes variable. Some cases may be mishandled—

[Baroness Thornton (Lab)]

I am puzzled by something that the noble Lord has said and perhaps he would like to clarify. I am not quite sure how jailing women is pro-women.

[Lord Jackson of Peterborough (Con)]

If the noble Baroness, Lady Thornton, will forgive me, I did not quite hear the last part of her question.

[Baroness Thornton (Lab)]

The noble Lord has talked about being pro-women and I would like him to explain to the Committee why jailing women is pro-women.

[Lord Jackson of Peterborough (Con)]

The simple point is that if Clause 191 is incorporated into the Bill, we will have a situation where many more women are under threat of coercion and many more women will face complications. Even the incomplete and substandard figures produced by the Department of Health on abortion in 2023 show that, at over 20 weeks’ gestation, 60.3% of women per 100,000 experienced complications arising from abortion in all clinical settings. That phenomenon will continue and will get worse. I hope that that is sufficient for the noble Baroness.

My amendment is directed towards striking an appropriate balance by providing legal certainty that would prevent overzealous investigation, weighed against the need to protect children. By defining clear thresholds for investigation, we protect vulnerable women while maintaining a shield for infants born alive. Clause 191 fundamentally changes our legal landscape and it is appropriate and reasonable to require updated public consultative guidance so that police and prosecutors understand what remains investigable, what standards apply and how to act lawfully and consistently.

In conclusion, if Parliament insists on decriminalising the woman’s role in procuring her own abortion, it has a profound moral duty to ensure that the law can still protect the infant the moment it leaves the womb. Amendment 461F is a measured attempt to ensure this and arguably the bare minimum in terms of responsible lawmaking. I urge noble Lords to support my amendment and others in this group, which seek to protect women and the most vulnerable lives among us. I urge Ministers to consider my Amendment 461F carefully as the Bill moves to Report.

Crime and Policing Bill

Debate between Lord Jackson of Peterborough and Baroness Thornton

Committee stage
Tuesday 27th January 2026 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, I support the amendment in the name of my noble friend on the Front Bench. When Section 149 of the Equality Act came into effect, it was seen largely as benign. It very reasonably imposed an obligation on public sector organisations to treat people with fairness and equality and to ensure that there was equality of opportunity within the organisation and in the interface that those bodies had with the wider public, whether it was local government, the NHS or other bodies. However, it has unfortunately been the subject of Parkinson’s law, where the work expands to fill the category. Therefore, instead of focus on the managerial targets, action plans and strategy documents which would deliver demonstrable improvement in policing performance across a wide number of areas and criminal activity, there has often, regrettably, been an overfocus on the public sector equality duty.

As someone with a background as a human resources manager and practitioner, I believe that every decent leadership in every organisation should have a set of policies which deliver fairness and equality within the organisation. It should not be incumbent upon the Government to compel organisations to do something that they should already be doing. Many leading organisations in the public and private sector do so anyway because treating people with fairness and decency and giving them opportunity delivers better performance.

I apologise to the Committee for mentioning again my experience on the British Transport Police Authority. At the end of October 2023, I was invited to attend a workshop on diversity, equality and inclusion. That cost the taxpayer £29,000 for, essentially, two days of a workshop, some handouts and some supplementary material which contained contested theories around critical race theory, white privilege and microaggressions. I declined to attend the first day; the second day was much more productive because it was focused on the senior management objectives of the British Transport Police. This expansion of the public sector equality duty has been inimical to the main objectives of policing, which are to tackle crime and protect the safety and security of our citizens—on the railways, in the case of the BTP, and in the wider country.

There is a special case to be made that policing is different because it has the responsibility, as a corporate entity within the Peel principles, to police by consent and to treat people equally irrespective of their age, race, religion or ethnicity. There is an issue of undermining the trust and faith people have in the police if we concentrate too much on a duty which is quite divisive, contentious and controversial.

For those reasons, I support my noble friend’s amendment and look forward to the Minister’s answer. I hope that he will at least engage with the argument. He is shaking his head—I do not know why, because we have not yet concluded the debate. He should know better than to dismiss any noble Lord before the conclusion of a debate. For the reasons I have enunciated, I hope that the Minister will at least engage with the debate in a thoughtful way, which is what we normally expect from him.

[Baroness Thornton (Lab)]

My Lords, the public sector equality duty exists so that our public services in the UK, which are funded by all of us, obey the laws on equalities. It is there because that is not what used to happen—and sometimes it still does not happen. I say to the noble Lord, Lord Jackson, that all he had to do was watch the recent television programme about the goings-on—the racism and misogyny—in one of our local police stations to know that we need these things on our statute book. As a veteran of the Equality Act 2010, I am very proud that we have them there. I hope my noble friend the Minister will give his usual defence of, “It’s Labour that always triumphs and always puts forward equalities, because that is actually important for our society”.

[Baroness Brinton (LD)]

My Lords, I thank the noble Baroness, Lady Thornton, for outlining the core, essential use of the public sector equality duty. I note that the Government’s website says:

“The Public Sector Equality Duty … requires public authorities to have due regard … when exercising their functions, like making decisions … It is intended to help decision-makers, including Government ministers, to comply with the duty”.


It does not talk about Pride marches or the detail of training.

Section 149 of the Equality Act says:

“A public authority must … eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act”.


I do not think the police could argue with anything there. It must also

“advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it”.

That speaks to the point raised by the noble Baroness, Lady Thornton, about some of the very poor, racist behaviour we have seen from a few individuals. It must also

“foster good relations between persons who share a relevant protected characteristic and persons who do not share it … A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1)”.

I have quoted that very short section because the descriptions by some previous speakers in this short debate have made it sound like something completely different. I would be very worried if the police no longer had to follow the public sector equality duty as set out in the Equality Act. We can all argue about whether we do or do not like going on training days, or about a certain amount of money being well spent or not, but we really want to see discrimination eliminated, and that is particularly important in the police.

The noble Baroness, Lady Cash, said on the last group that we all need common sense and practicality. The PSED is the tool that does that, and I am grateful to the noble Lord, Lord Davies of Gower, for outlining the detail. He is right that the police should follow the law; the point is that the PSED and the impact assessments also fit within that. Getting rid of the PSED would mean that unlawful discrimination might well be missed, and that would be dreadful. He also said that it is not down to the police to deliver equality. I think the Equality Act differs on that and, given the work the police do, we would be pretty horrified if they suddenly said they did not have to deliver equality.

One of the ways that racism can be eliminated from the police is by ensuring compliance with the PSED. It is not the PSED itself at fault, but what is going on inside police authorities. That is why, for the third group today, we are talking about the importance of the White Paper on policing that has just been published, which will change the culture and ensure that that stops. We on these Benches believe that the PSED is a vital tool for the police to deliver that.