Crime and Policing Bill

Lord Archbishop of Canterbury Excerpts

Wednesday 18th March 2026 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, I wish to speak to Amendment 426B in my name. Before I do that, I want to ask the question that I was trying to ask the noble Baroness, Lady Falkner; it was a perfectly ordinary question. Is the noble Baroness aware that, since 2022, there has been in place national oversight within the Crown Prosecution Service for the prosecution of abortion offences and that, under this framework, multiple women have been prosecuted, despite judges in the cases calling for the CPS to reconsider? That is all I wanted to ask the noble Baroness.

The amendment in my name has been signed by my noble friend Lord Hunt and the noble Baronesses, Lady Watkins and Lady Miller. It would insert a new clause that follows Clause 208 and is consequential on it. It seeks to pardon women who have had a conviction or a caution for the offence that Clause 208 applies to. It would remove their details from police systems, regardless of the outcome of their case. There are women who were convicted, and an even larger group of women who were not convicted but who were investigated. This means that they have permanently to disclose in a DBS check, because abortion offences are classed as violent crimes. When Clause 208 remains in this Bill, this is an issue that the Government will need to address, as they will need to do for the amendment tabled by the noble Baroness, Lady Barker, because both are technical matters when this clause passes into law. Can my noble friend the Minister confirm that this is indeed the case if this clause reaches the statute book?

I think we all wish to resolve this matter. We have had a significant amount of discussion about this clause, and I think it is safe to say that there is some disagreement between us. I would like to summarise what I think we need to do from the point of view of those of us supporting Clause 208. To protect this clause, we will need to reject Amendment 422E, in the name of the noble Baroness, Lady Falkner. We will need to oppose Amendment 423, in the name of the noble Viscount, Lord Hailsham. We will need to reject Amendment 423ZA, in the name of the noble Baroness, Lady Lawlor. We will need to reject Amendment 426C, in the name of the noble Baroness, Lady Wolf. All those amendments seek to continue the criminalisation of women in one form or another: a cruel idea, that women should be punished.

The amendment in the name of the noble Baroness, Lady Monckton, seeks to strike Amendment 208 from the Bill. The House has heard arguments, however, about the 50 countries where this works perfectly well, and where it does not increase abortion or offences. As my noble friend has said, all the royal colleges support this. We can safely say that what we are doing here is seeking to bring British law up to the same standard as other countries across the world. Amendment 424 seeks to place limits on a well-functioning, safe and early abortion through telemedicine. As my noble friend has said, it works. The amendment from the noble Baroness would place young people at risk. Women who need to go to a surgery for their medicine, but who live a long way away from it may start their miscarriage on the bus going home. Surely we want to avoid that.

Amendments 426C and 426D seek to restrict access and safeguarding in a way that will harm women, and young girls particularly. We must oppose those as well. I urge the House to reject all those amendments, to support Clause 208 and to support Amendments 423A and 426B.

[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.