Crime and Policing Bill

Debate between Baroness Ludford and Viscount Hailsham

Committee stage
Monday 2nd February 2026 Lords Chamber

[Baroness Ludford (LD)]

My Lords, I will be brief—I would just be grateful for a clarification. I strongly believe in women’s rights, including reproductive rights, and I do not want women in distress subjected to criminal investigation, if at all avoidable. But I am struggling to understand why Clause 191 is considered not to amend the Abortion Act, as the noble Baroness, Lady Thornton, among others, asserts. I noted that the noble Baroness, Lady Foster, said it would be “toothless” if Clause 191 is agreed.

If I have understood it properly, people other than the pregnant woman concerned would still be committing a criminal offence if they gave any kind of assistance. That is why it is considered that the Abortion Act 1967 is not in fact amended. The noble Baroness, Lady Hazarika, referred to repealed abortion offences, so we seem to be relying on the fact that only the woman herself would be regarded as decriminalised. I am not generally happy about decriminalisation, such as in relation to drugs. I prefer dotting the “i”s and crossing the “t”s and having legalisation—or not.

Have I understood that correctly? Maybe it is only when we come to the Minister that I will get full clarification as to whether or not we are amending the Abortion Act 1967, which I broadly support, even though it is a compromise. I have never supported the simple but simplistic “a woman’s right to choose”, because there are other considerations. I support the Abortion Act as a compromise on a difficult subject, as I think many people do, but I seek clarification that the Abortion Act is not being amended and that we would simply decriminalise the woman concerned while supposedly leaving the rest of the Abortion Act as it is.

[Viscount Hailsham (Con)]

What our amendment does is disapply the Abortion Act so far as the mother and late-term abortions are concerned.

[Baroness Ludford (LD)]

Then I am not terribly attracted by the amendment of the noble Viscount, Lord Hailsham. I am rather more attracted by that of the noble Lord, Lord Verdirame, although I have heard the criticisms of the noble Lord, Lord Pannick, about that.