Public Order Bill

Lord Bishop of Manchester Excerpts

Report stage
Monday 30th January 2023 Lords Chamber

Finally, what are the proponents of Amendment 45 afraid of? Our laws should be based not on anecdote, as with the Dangerous Dogs Act 1991, but on proper, robust, empirical evidence. I hope we will be able to test the will of the House on this issue tonight.

[The Lord Bishop of Manchester]

My Lords, in Committee I shared my concerns about Clause 9 as it then stood. I am grateful for conversations that have taken place since. I particularly thank the noble Baronesses, Lady Sugg and Lady Barker. The latter has listened patiently and sympathetically to me and my friends on these Benches at some length.

My concerns regarding Clause 9 had nothing to do with the moral merits or otherwise of abortion; they lie in my passion to see upheld the rights of citizens of this land, both to receive healthcare and to protest. Women must be able to access lawful medical interventions without facing distressing confrontations, directed at them personally, when they are identifiable by their proximity to the clinic or hospital. At the same time, anyone who wishes to protest in general about abortion law must be able to do so lawfully, with the least restriction on where and when they may do so.

I am grateful to the noble Baroness, Lady Morrissey, for the proposals she sets out in Amendments 41 to 43, which build on the Australian example. Were they the only amendments put forward, they would have my support. However, what we now have in Amendment 45 is, I believe, something that strikes a more exact balance. It meets human rights requirements and contains sensible limits. It has widespread support and is, I believe, more likely to survive scrutiny in the other place. If it is moved, I intend to support it.

I accept the remarks of the Supreme Court regarding the necessity of proposed new paragraph (a) on influencing, but I have two brief questions on that matter on which I seek clarification. Much has been made in religious circles about whether silent prayer would be criminalised by this clause. We have heard it again tonight. As noble Lords might expect, I believe in the power of prayer, so I want to clarify on the record that the act of praying is not in itself deemed an attempt at influence, given that when I pray, I am trying to ask God perhaps to change the heart of a third party.

My second and rather less metaphysical question is intended to clarify that influence works both ways. Would a coercive and controlling partner, or ex-partner, determined that a reluctant woman should go ahead with an abortion and accompanying her against her wishes, be as guilty of the same offence as an anti-abortion campaigner?

Finally, I cannot support the amendment in the name of the noble Lord, Lord Farmer. It would remove safe zones from this Bill without providing any obvious parliamentary process for us to re-engage with the issue in a timely manner.

[Baroness Thornton (Lab)]

My Lords, I very much welcome the remarks of the noble Lord, Lord Beith. I am so glad to hear that he has considered this matter and come to the conclusion he has. Of course, I also welcome those of the right reverend Prelate.

I say to the noble Baroness, Lady Morrissey, that this is a good try, but her proposals might well have benefited from testing had she been involved in Committee. She might have changed her mind about how we in this House need best to reflect the clear will of the elected House on this matter. Not only has the elected House had a clear view on this matter, so has this House. Our job today is to make sure we provide at this point in the Bill an amendment that does that job. Amendment 45 does that because it complies with the EHRC, recognises differences and proposes a framework that reflects the issues as they pertain to abortion provision in England and Wales.

However, Amendment 44 would in many ways do what we saw the last time we discussed this matter: kick it into the long grass. Indeed, I remind the House that last time, it was defeated by 138 votes to 39. It would bring about a delay, meaning that thousands of women, nurses and midwives going about their lawful business would be harassed and intimidated. This seems to me to be really very straightforward.