Crime and Policing Bill

Baroness Coffey Excerpts

Monday 2nd February 2026 Lords Chamber

[Baroness Coffey (Con)]

My Lords, I tabled Amendment 461A, which would amend the Abortion Act. It is worth briefly stepping back. I completely understand why people have very different views on whether this is right or wrong or similar, or whether this is a healthcare treatment, but we have a law in place that puts restrictions on when abortions can happen.

It might perhaps feel that those restrictions are really just lip service. I say that because, in 2013 and 2016, the number of abortions was about 185,000 in England and Wales. It is now 278,000. A particular change started to happen in the statistics back in 2019, as, for the first time, people were allowed to take the second abortion pill at home. The first pill had to be taken in some kind of clinical setting, and then people could take the second pill at home. We saw a jump at that point, to about 207,000. I think I am right that 36% of abortions were taken at that point—that is about 75,000—where we saw the second pill be taken at home. We are now in a situation where, with the significant increase—a 50% uplift from a decade ago—72% of abortions are undertaken by both pills being taken at home. That is about 200,000 abortions in the year 2023, so there has been a significant change.

For what it is worth, I think that that is quite a sad figure. I appreciate that there will be people in this Committee who do not care what the number is—it is a woman’s right to choose. I do not agree with, or even respect, that point of view, but I understand it.

As has already been eloquently pointed out, we are now in a situation where Parliament still agrees that a crime may have been committed, but that, through Clause 191, the person carrying the foetus cannot be held responsible in any way. Therefore, the point of my amendment is to suggest that, instead of relying on good faith from the providers, we move to beyond reasonable doubt. I think that there is an element of my noble friend’s Amendment 461K, which proposes a new clause to make sure that the services provided are done in a lawful way.

--- Later in debate ---

[Lord Patel (CB)]

Can the noble Baroness help me by clarifying what her amendment would mean? Currently, a provider, or anybody who counsels a woman seeking abortion, will take in good faith what the woman might say to them about her gestation. But the noble Baroness’s amendment would move that to “beyond reasonable doubt”, which is at the level of a criminal court and not a social justice or civil court. That would mean that, in every case, the health professional who counsels the woman would have to provide evidence that they believed her beyond reasonable doubt. That would mean that there would have to be evidence beyond reasonable doubt.

[Baroness Coffey (Con)]

My Lords, one reason why I have chosen that phrase particularly at this stage—I might reconsider it for Report—is we are talking about a crime. If this happens beyond the terms which the law sets, it is a crime. This is about the change that happened, moving from taking the second pill at home to then just having both pills wherever. The case to which the noble Baroness, Lady Falkner, referred earlier was one in which another lady got the pills and gave them to the chap. They were then applied unlawfully, obviously, and the other lady was also convicted—admittedly, it was a suspended sentence. But there was accountability.

[Viscount Hailsham (Con)]

Is it not the problem that in criminal cases where the reasonable doubt test applies, you often have external evidence, such as witnesses or documents? What my noble friend is talking about here is really an oral conversation, and the only material available to the service provider will be what the prospective mother has to say. It is very difficult on that basis to come to a conclusion beyond a reasonable doubt.

[Baroness Coffey (Con)]

That is why I am not convinced that the situation that we have is satisfactory to uphold the law.

The other reason why noble Lords are concerned about Clause 191 is that Tonia Antoniazzi, who put this measure forward, has said publicly that she is very comfortable with abortions happening at 37 weeks—she has no problem with it at all. But I appreciate that that is not what everybody is in favour of.

I ask the noble Lord, Lord Patel, to forgive me: I want to speak to a few other amendments, and I am conscious of the time.

The other thing that I am keen to mention is in relation to Amendment 459 in the name of my noble friend Lady Eaton. It is specific to Clause 191. The issue was debated in the Commons in 2014, and the House said then that it was informed that it was completely unlawful. Of course, in the situation we have, you cannot use sex as a reason for an abortion; that would be unlawful. But one way in which this often get used is that someone might say that it would cause huge harm or distress if they were to have a boy or a girl contrary to the wishes of their family. It can be used as an alternative reason to access the various grounds in that regard.

Obviously, we are covering a lot of issues in this one group, which might be a reminder to people that it they could be spread over a few more groups. But we need to tread carefully. I am conscious that the Commons passed this by a huge majority, but I felt that it was just very blanket—almost like they wanted to decriminalise abortion entirely. That was how it came across. Nevertheless, it is our role to consider whether this is where we want to head, or do we actually want to find a better way of upholding the law than we have today, without the unnecessary affliction that some expectant mothers may fear?

[Baroness Berridge (Con)]

I shall speak very briefly to Amendments 456 and 460. I have been saddened by the lack of appreciation of the protective role that the criminal law brings, and I appreciated the comments of the noble and learned Baroness, Lady Butler-Sloss. But it is important to consider some of the cases that have resulted in convictions and have not been controversial.

Sarah Catt, as reported by the BBC on 17 September 2012, aborted her baby at 39 weeks. She was prosecuted and sentenced for eight years; the body was never found—she disposed of it. The authorities realised because she had been for certain hospital appointments and no birth was registered; they went and investigated, and she said that she had had a legitimate abortion. It turned out that, when they searched her computer, because it was 2012, she had got pills from Mumbai and took those pills, and her husband knew nothing of what was happening. It is important to note that she was sentenced for eight years, and that is important particularly in relation to the amendments that seek to retrospectively pardon people. How will those connected to that lady, grandparents and potentially her husband, feel if that was no longer an offence because it was not controversial at the time? That is what we are dealing with here, that it would no longer be a crime at 39 weeks.

Having listened through many hours of debate now, I am unsure about the clarity and process of the law here. We have seen much suggestion that the pills by post are causing more investigations and heard about the nature of those investigations, but we need more detail and more evidence to legislate properly. Many noble Lords have tried to predict, “Women’s behaviour will do this” or “Women’s behaviour will do that” or “Things on the street”, as the noble Lord, Lord Bailey, said, “will be different”. But we do not know that because we have not had that really important pre-legislative process.

We have also had evidence that there is, in fact, sex-selective abortion going on, and we have had no equality impact assessment. I think that is a big flaw if we legislate on this. However, we do know from evidence in New Zealand that there could be an increase in late-term abortions, and we know that there have been more emergency calls as a result of more complications when the pills are taken after the 10-week window.

One point that has not been covered is that, obviously, the ambulance crew are often the first people through the door, so I would be grateful if the Minister could actually give some clarity and restate what the law is for those emergency providers faced with that situation. Concepts like birth, born alive and the first breath are not that easy to apply in this scenario. If you look at the Medical Law Review, there is a very interesting article by Elizabeth Romanis, in the winter 2020 edition, looking at advances in medical technology which mean that you can now operate on a foetus and there is a potential for having artificial wombs so this legal personality at the first breath might not be so easy to apply. Do the ambulance crew need to use all of their professional skills to ensure that that baby is born alive or not?

Also, the Nursing and Midwifery Order 2001, in Article 45, is very strict, unless it is a matter urgency or necessity, to ensure that people who are not medically qualified do not intervene in the birth of a baby; it is actually a criminal offence to do that. So I think we need to know from the Minister the boundary there as well, if there might be people with the woman as she is taking the pills in a late-stage abortion.

Finally, many noble Lords have said that this only had 46 minutes of Back-Bench time in the other place. I have pondered whether there is an opposite to the word “filibuster”, because I think it applies to this particular situation. It is a sadness now, I think, when one looks at Parliament’s granting of conscience issues to MPs and Peers, that somehow we have ended up in the position where these issues have lacked the pre-legislative scrutiny and consultation that are vital to ensure that we pass good laws. I do not think this one is fit, at the moment, without the involvement of the public in consultation, a White Paper, et cetera.

--- Later in debate ---

[Baroness Barker (LD)]

My Lords, I think my case has been made. These are a set of amendments which are designed to be unworkable. They are wrecking amendments, and I hope that we will not pass them.

[Baroness Coffey (Con)]

The thing about Amendment 461C, bearing in mind what the noble Baroness, Lady Thornton, has said, is that quite a lot of this data is collected. Clearly, it was late this year, and there would be no point in doing a JR on the basis of that.

I understand that not every abortion happens at the point at which the sex of the foetus is known, but that data would be worth collecting, given the concerns that exist about gender or sex-selective abortion. It might be worth the ONS adding the question to the questionnaire or HSA4 form in the future.

Last year, the collection rate on ethnicity was 92%, but it would be useful to understand what further work the ONS might be doing to try to get that up to 100%.

[Lord Cameron of Lochiel (Con)]

My Lords, I thank all those who have spoken in this debate, and my noble friend Lord Jackson of Peterborough for tabling these amendments. I have already set out at length the view of the official Opposition on what we see as the procedural issues with Clause 191 in my response to the previous group. I will not repeat myself, but simply refer your Lordships to my previous comments.

My noble friend’s amendments relate to the provision of information and statistics relating to abortions and complications arising from abortions. As has been highlighted by my noble friend Lord Moylan in his Private Member’s Bill on this topic, there is an issue with the collection of data for complications from abortions. To conclude, I hope the Minister will be able to set out what action the Government are taking to improve the collection of data for such complications.

--- Later in debate ---

[Lord Jackson of Peterborough (Con)]

I am very grateful for that guidance, and I apologise for starting to accept what I am sure would have been a sparkling intervention from the noble Baroness, Lady Bennett of Manor Castle.

There are huge gaps in our understanding, particularly in relation to complications, but I will not repeat the points I made on my previous amendments. Suffice to say, there is a pressing need for a more comprehensive and robust system of data collection. My noble friend Lord Moylan’s Bill, which is currently awaiting Report, seeks to address this deficiency by ensuring that complications are more accurately reported. It would be remiss to proceed with Clause 191 without first seeking to understand the consequences for the recording and monitoring of abortion outside a clinical setting, particularly when we know that the present framework fails to capture the true scale of complications.

Finally, it is deeply regrettable that we are being asked to approve the most far-reaching change to abortion law since 1967 without the public having first been consulted. A change of such moral, legal and societal consequence warrants proper consultation, yet the public have been afforded no such opportunity.

Whichever side of the debate one may be on, we can surely agree that this is a matter that should not be pursued without proper consultation and consideration on its likely impact. I therefore urge noble Lords to support my amendment. I beg to move.

[Baroness Coffey (Con)]

My Lords, I support my noble friend’s Amendment 562, particularly his proposed new subsection (13)(e). I did not hear from the Minister earlier about what they are going to do once Clause 191 goes ahead—assuming it does; we will decide on Report whether or not that will happen. I do not think that the Minister will answer that today.

Amendment 562 would require the Government to give some proper consideration to how this is going to work in practice before it is enacted. For that reason, it is a sensible way to get a bit of breathing space to open up what we are walking into and, for those where potential crimes are committed, given that one person in the arrangement has been decriminalised, what is going to happen to the people who have facilitated what could be a crime. That is why I support Amendment 562 at this stage.

[Baroness Thornton (Lab)]

As we have heard from the noble Lord, Lord Jackson, basically, this suite of amendments drives a coach and horses through abortion rights as a whole, as well as, of course, completely opposing the clause that is under discussion. For example, virtually zero abortions occur at 39 weeks’ gestation. Taking abortion pills at that stage of gestation would simply induce labour. To accept the amendment would mean continuing criminal offences for abortion for vulnerable women. The same applies to the other suite. There would be delays and reversals, and vulnerable women would continue to face life-changing and traumatic investigations.

Amendment 563 is a wrecking amendment linked to all the other amendments to delay the implementation of the change in law. So while the noble Lord might say that he is—

[Baroness Coffey (Con)]

Forgive me for interrupting the noble Baroness, it is just that the annunciator has still had my name for the last minute, when indeed it is the noble Baroness, Lady Thornton. It has just changed now.

[Baroness Thornton (Lab)]

I do not mind. At this stage, they are probably a bit tired too, changing the annunciator.

The noble Lord might say that he is not opposed to abortion but, frankly, these amendments suggest that he probably is.