Lord Frost
Main Page: Lord Frost (Conservative - Life peer)Department Debates - View all Lord Frost's debates with the Home Office
(1 day, 15 hours ago)
Lords ChamberMy Lords, crime and disorder have reached such levels in this country that we certainly need more effective and meaningful policing, but it has to be done in a way that retains confidence, does not damage fundamental freedoms and keeps the criminal law clear and easily understood—or, rather, stops the law becoming ever more complex and harder to understand. I will not dwell on that point, as my noble and learned friend Lord Garnier has made it eloquently, but I am sorry that the Bill continues down the road that the previous Government took of creating specific offences for things that are already crimes—for example, the offence of assault on a shop worker. Speaking as somebody who has been very critical of the way the pandemic and the lockdowns were handled, I cannot help seeing some irony in the fact that, four years ago, it was an offence to attend a demonstration without a face mask, and soon it will be an offence to attend one with one. Nevertheless, I am generally supportive, and in the time available I want to register two concerns briefly.
First, I note the Government’s intention, which we have heard about and which the Minister for Policing and Crime Prevention expressed in the Commons, to expand the scope of so-called hate crime offences by making all existing strands of hate crime aggravated offences. Given the way so-called hate crimes have recently, in practice, been used to chill freedom of expression and freedom of speech, I have quite a lot of concern about this; it seems to be going in quite the wrong direction. Rather, as a society, we ought to be going in a different direction, which is to begin to remove the concept of hate crimes from the statute book, and particularly to abolish the entirely illegitimate category, in my view, of non-crime hate incidents. An amendment to that effect was put forward in the Commons and did not succeed, but I hope and expect that it will be tabled again; indeed, I may propose my own amendment on that subject.
Secondly, as others have done, I register the deepest concerns about Clause 191. If this becomes law, it would be the biggest change to abortion legislation since the Act was introduced in 1967. As has been said, the permanent extension of the pills by post scheme, with no requirement for an in-person consultation, has made it possible to try to end a pregnancy at any point beyond 24 weeks. At the moment, that is still a criminal offence, and this clause would mean that it no longer was, provided that only the mother was involved. It is foreseeable that, in practice, this will make abortions up to birth more common, endanger more women because of the medical risks of termination after 24 weeks, and create pressure for a similar decriminalisation for medical practitioners themselves. People will argue, “How can it be illegal for a doctor to help with something that is not in itself illegal?” or they will say that doctors need to be able to perform late-term abortions to avoid the risks of terminations at home. It is the beginning of a slippery slope.
There is no demand for this. Polling shows that more than half the public favour keeping abortion after 24 weeks a criminal offence and only 1% of women support introducing abortion up to birth—and, in passing, 70% of women support a reduction in the time limit from 24 to 20 weeks.
The clause would remove one of the few remaining legal protections for the unborn. In our country, if children are born prematurely after 24 weeks, the medical system will do everything it can to save them, and it is often successful. Yet this clause will make it possible to try to end the life of a baby after 24 weeks without criminal consequences. It is simply inconsistent, not just with current abortion law but with current law around maternal and child health more broadly. This clause had a wholly inadequate couple of hours’ debate in the Commons. Its proponents really should be embarrassed to legislate on life and death in this fashion. I hope it will get a lot more debate here, and I hope noble Lords will reject it.