Crime and Policing Bill

Debate between Baroness Butler-Sloss and Lord Bishop of Lincoln

Monday 2nd February 2026 Lords Chamber

[The Lord Bishop of Lincoln]

My Lords, I am one of those old men. I am also a single man, so I have no children of my own, but I am regularly in contact with very young families through baptism. Only last Thursday, I was in hospital in an acute cardiac unit for babies, anointing a two week-old baby who had just had open-heart surgery. So I know quite a lot about babies through a very long ministry. I also offer my thanks to the noble Lord, Lord Winston, for a television series that he oversaw about seeing a pregnancy from conception to delivery some years ago. That series reinforced my conviction about the sanctity of life.

The fact that we are here today in this Chamber means that we must recognise that we are on precious ground. Of course we are here to support women who have been abused and coerced. I think that the amendment proposing that we should require the Attorney-General to intervene would be rather too late if there had been a year-long investigation of a woman in between. I have been investigating this with the Lincolnshire constabulary: we need to look at how police procedure can be changed and invested in, enabling us to move away from treating these women as criminals to treating them as witnesses and victims, so that the police activity is primarily engaged in going after coercers and bad actors. I therefore agree with the noble Baroness in how that should proceed.

At the same time, noble Lords will not be surprised to hear me say that I entirely endorse the Church of England’s principle position in opposing the abortion of late-term foetuses who are viable, unless otherwise affected by the Abortion Act. I would like to see a different way of interpreting the law, which is differently enforced, which does not decriminalise or take away investigation, precisely for the protection of women and the preservation of unborn life.

To do that, we need to look urgently at how we allow investigations to take place and how we seek to support a woman, often a woman going through acute distress and bereavement. I quite understand the point about unexplained deaths, and we need to make sure that women are protected. But I signed a letter with 200 other clergy, back when Clause 191 first came out, expressing our dismay at the way in which this decriminalisation could so easily lead inadvertently, even if it is only a small number of babies, to the termination of the lives of viable children into the future. That, I am afraid, I could never support.

[Baroness Butler-Sloss (CB)]

I am just wondering if the Committee would allow me to speak at my extreme age. I have put my name to the amendment of the noble Viscount, Lord Hailsham, and I do not propose to repeat anything he has said. But there are two aspects I will speak about, particularly those raised by the noble Lords, Lord Patel and Lord Pannick.

First, in what they are both saying, we are looking at women who are not guilty of any offence. We are being asked to pass a law to protect offenders for the sake of people who are not offenders. Speaking as a former lawyer, I find that an extraordinary proposal. I absolutely understand what the noble Lord, Lord Pannick, is saying, about the difficulty of balancing. But he is talking about the innocent. We are being asked to pass a law that would actually protect the guilty for the sake of the innocent. It is the first time anyone has pointed this out, and I find it rather extraordinary. We are being asked to look at women who have suffered a stillbirth or an abortion not at their request but because it has happened at a very late stage, who are now being investigated by the police. I gather the whole thing has gathered momentum after pills were being sent by post. Prior to that, the police did not investigate a lot of cases, but because of the pills being sent by post, the police are now investigating to a greater extent.

Particularly in relation to those who are suffering domestic abuse—this relates to the amendment the noble Viscount, Lord Hailsham, and I have put forward—it looks to me as though we are being asked to change the law because the police are taking a year to investigate, treating women extremely badly in the process. But surely, we should be looking at the guidance to the police. I am very relieved to hear the right reverend Prelate is going to get Lincolnshire Police to have a look at this. We should find out why the police are not looking at potential abusers or investigating the partner as well as the woman. We are being told again and again that the partners are not being investigated but the woman is being investigated. It is taking a year or longer—in some appalling cases, six years. But that is the failure of the police. We know they are overstretched, but it is an appalling failure, particularly if they do not investigate.