Crime and Policing Bill

Baroness Thornton Excerpts

2nd reading
Thursday 16th October 2025 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, I am very pleased to take part in this Second Reading debate. I am particularly pleased to welcome my noble friend the Minister to her place and her first Bill—the first of many, I hope. My two noble friends on the Front Bench know that they have my support for the Bill.

Following the remarks from my noble friend Lady Lawrence, I was struck by the Government’s commitment in the Commons to introduce an amendment to make hate crimes on the basis of sexual orientation, transgender identity and disability aggravated offences. I look forward to its introduction in due course and offer my support to my noble friends the Ministers on it. As a Labour and Co-operative Peer and a former USDAW member, I also welcome that the Bill addresses retail crime.

In this debate, I intend to address Clause 191. I profoundly disagree with the two speakers who have spoken before me on this. On 5 June, MPs voted to insert the clause into the Crime and Policing Bill by 379 to 137 on a free vote. The clause would disapply the existing criminal law on abortion from women acting in relation to their own pregnancies, bringing the law for women in England and Wales into line with the changes that Westminster already made to abortion law in Northern Ireland in 2019, which works well and was debated at some length and agreed in this House.

The proposal to repeal the provision was led by my honourable friend Tonia Antoniazzi MP. In recent times, contrary to the words of the noble Viscount, Lord Hailsham, we have seen a substantial increase in the number of investigations into and prosecutions of women in England and Wales under abortion law dating back to 1861. That has included women who were victims of domestic abuse, suspected victims of human trafficking and exploitation, and girls under the age of 18. Clause 191 is a simple, principled stance that reflects the strong position of cross-party MPs, and I strongly support it as it is.

Notwithstanding the words of the noble Baroness, Lady O’Loan, and the noble Viscount—as well as the hysteria from those outside our gates this morning—the Abortion Act 1967 will not be changed by this clause. However, a number of technical issues remain, which I and others believe it is our job in this House to consider as the legislation proceeds. They concern the lifelong impacts of investigation into, and convictions for, relevant offences. The change in the law under Clause 191 applies only to offences committed after the Bill receives Royal Assent. There are a number of women whose pre-existing cases remain under investigation where decisions have not been made, so the House needs to consider an amendment to halt ongoing criminal investigations and prosecutions for repealed offences, to pardon women with criminal records and to expunge the records of those investigations.

If a woman is convicted of these offences, it precludes her from certain employment opportunities for life due to the DBS check. It also includes women who have not had a commitment, because that also stays on their record as part of a DBS check. In line with the Turing pardon for the criminalisation of same-sex activity and similarly outdated laws, an amendment that pardoned women with a criminal record for a repealed offence and expunged those records would be relevant.

Finally, notwithstanding the introduction of Clause 191, I note that a number of offences have been brought against women under the Offences against the Person Act 1861 and the Infant Life (Preservation) Act 1929. It is therefore important that we ensure that the law is in step on this matter if we want to decriminalise abortion in these circumstances.