Crime and Policing Bill

David Smith Excerpts

Report stage
Tuesday 17th June 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I call David Smith.

[David Smith (North Northumberland) (Lab)]

I rise to oppose new clauses 1 and 20 and to support new clause 106. All the new clauses concern the issue of abortion.

Through the process of decriminalisation, new clauses 1 and 20 will introduce the possibility of de facto abortion up to birth for any reason in this country, for the first time in history. Let me be clear: this means that it will no longer be illegal for a woman to abort a full-term, healthy baby. That would be a profound change in the settled position on abortion in this country for the past 58 years—an extreme move that polling has shown that the vast majority of the country does not want. Indeed, recent polling shows that only 3% of the public support the idea of abortion up to birth. New clause 106 would diminish the risk of women being criminalised for abortions beyond the current legal limit through the reinstitution of in-person appointments. That is popular; recent polling shows that two thirds of women back a return to in-person appointments for abortions.

I do not want to be standing here talking about abortion. It is not something that I came into Parliament to do. I am also very conscious that, as a man, I should be very careful about commenting on the experience of women. However, I feel that new clauses 1 and 20 give me no choice but to speak against them, despite my huge respect for the mover of new clause 1 in particular.

What are we trying to achieve here? If the aim is to decriminalise women in difficult situations, I have huge sympathy for that. For eight years I was the chief executive of a homelessness charity that housed and supported women in desperate situations, many of whom were traumatised, dependent on substances, with fluctuating mental ill health conditions and extensive experience of the criminal justice system. A common theme among them was that they had been abused and harmed from a very early age, consistently into their adulthood. The women we served and supported still had agency. They still had free will. If their circumstances were desperate at times, they nevertheless often confounded those circumstances to rise above them. However, they also made decisions that they regretted. They made decisions, at times, that those around them—and even they themselves, later—were appalled by.

[Sam Rushworth]

I recall, a few years ago, supporting a woman in a hostel who was traumatised by her own decision to abort a child. Does my hon. Friend agree, in the context of this language about protecting people, that we also need to protect people from these decisions when they are not made with the proper safeguards and protections in place?

[David Smith]

I do agree. If something is absolute—in terms of the new clauses, as I understand them—it must cover all eventualities, and what we are trying to say is that we simply do not believe that it can.

I have heard it said that no woman would induce an abortion after 24 weeks, but we cannot introduce such a profound change in abortion law on the basis of a simple hope that no woman would take such a drastic step. If we remove the possibility of criminal prosecution for abortion post 24 weeks’ gestation, it is a certainty that some women will take that drastic step if there are no sanctions and no wider consequences.

[Tracy Gilbert (Edinburgh North and Leith) (Lab)]

Will my hon. Friend give way?

[David Smith]

I am afraid I am going to make some progress.

In 2024, according to Government statistics, there were a quarter of a million abortions. If only 1% of them took place as late-term abortions, that would mean 2,500 late-term abortions a year. We also risk the rise, once more, of backstreet abortions. Imagine a scenario in which a woman knows that she cannot now be prosecuted under the law for a late-term abortion, but for some reason wishes to go ahead with one, or is pressured into it. Surely at this stage she is more likely to get hold of pills by post—which are not considered safe to take outside a clinical context after 10 weeks—by pretending to be under the legal limit, to undertake a dangerous procedure on herself, or to seek to procure an off-the-books abortion.

[Emily Darlington]

Will the hon. Gentleman give way?

[David Smith]

I will make progress.

The new clauses seek to address a perceived problem of police actions that were over-zealous in a handful of cases by making a fundamental change to abortion law that would put more women at risk while also risking the lives of infant children.

[Lola McEvoy]

My hon. Friend is giving a speech that I think many Members will find difficult to hear from such a wonderful friend and colleague. Does he agree that many women are already facing incredibly difficult situations, and many could already have a late-term abortion for which they could order pills online? We do not want to criminalise those who are not doing that. It is entirely wrong to criminalise people for taking action. Does my hon. Friend agree that the majority of women are doing the right thing?

[David Smith]

I absolutely do agree that the vast majority of women are doing the right thing, but I do not believe that we can cover all eventualities through such a fundamental black-and-white change in the law.

The real problem is that the temporary pills-by-post abortion scheme brought in during covid, which does not require in-person appointments, has been made permanent. That is why I added my name to new clause 106. In-person appointments would remove any doubt about the gestational age of a foetus within a narrow range, and massively reduce the likelihood of successful coercion, which is something I have seen throughout my work, as I have mentioned. This would consequentially remove the possibility of egregious police overreach, which I know my hon. Friends are so concerned about.

[Emily Darlington]

Will my hon. Friend give way?

[David Smith]

I am just coming to my conclusion.

The choice for Members is very clear—indeed, stark. It is to approve the biggest change to abortion law in 58 years while, I believe, making things worse for women and their unborn children, or to solve the problem of criminal justice overreach by reinstating in-person appointments for abortion. This is clearly a very difficult subject, and I just feel that amending this Bill is not the right way to go about such a divisive and emotive change, but I will leave it there.

[Several hon. Members rose—]