Crime and Policing Bill

Debate between Baroness Hazarika and Baroness O'Loan

Committee stage
Monday 2nd February 2026 Lords Chamber

[Baroness Hazarika (Lab)]

My Lords—

[Baroness O’Loan (CB)]

I wish to finish my sentence.

The woman may be unable to deliver it. It may get stuck in the birth canal. If it survives the attempt to terminate its life, it may be born alive, as babies still are. What then? What of the mother? When one gives birth, one is monitored by doctors to ensure no crises occur, if possible. Those crises can include haemorrhage, damage to the womb and bladder, and, in the worst cases, death.

If the Bill is passed and a mother chooses to terminate her baby other than as provided for in the Abortion Act, she will not be prosecuted. She may have been coerced into it, as we have heard at length, for a variety of reasons, but, despite being decriminalised, she may die or face life-changing injuries.

[Baroness Hazarika (Lab)]

The noble Baroness paints a very vivid picture of how traumatic it is for a woman to go through this once late-term. I am sure all of us would agree that nobody would do this lightly. Does that not reinforce why it is so important that the woman should not be in a position where she thought she could be investigated by the police at this point and why she should go and seek medical advice, safe in the knowledge that she was not potentially going to end up in prison?

[Baroness O’Loan (CB)]

There are situations in which the woman in that case, under the Abortion Act, can seek help. I would expect that she would, but there are situations in which she may not. I simply ask the Government how they expect it to happen. Doctors administer these drugs. Doctors look after us in childbirth. We do not do it ourselves.

I move to Amendment 461. A considerable danger associated with Clause 191 is the activities of abusers and exploiters. The shield, which would be reimposed if telemedicine were stopped, is a requirement for all women considering abortion. It is not possible on the telephone to ensure a woman’s privacy and that she is not being coerced, or to verify that the person seeking the medication is the person who will actually take it, particularly in cases involving domestic abuse, child abuse and trafficking. It is important that the medication is not taken by a woman whose pregnancy exceeds 10 weeks. The NHS reported in July 2025 that, since 2020, 54,000 women have been admitted to hospital in England for complications from birth pills. Last year alone, there were 12,000.

In removing the criminal status of abortion, as the noble and learned Baroness, Lady Butler-Sloss, says, we perversely incentivise abusers to pressure vulnerable women into dangerous, isolated and self-administered late-term abortions. My Amendment 461 is a safeguard against that, which I hope noble Lords will be minded to support. It would create a provision analogous to that found in Section 2 of the Suicide Act 1961—a special offence of encouraging or assisting an abortion which is unlawful under the terms of the Abortion Act.

The amendment would not chill medical advice or online information. It requires intent, which is a distinct threshold. Ordinary clinical counselling or neutral provision of information would not meet the test. The amendment does not engage with or change what is lawful under the Abortion Act. It concerns only unlawful terminations and intentional encouragement or assistance. If an abortion is lawful, the offence does not arise. Perhaps most importantly, its desired effect is safeguarding vulnerable women.

Under the current wording of Clause 191, there is a risk, if self-administering an abortion is no longer a crime, that the woman can be pressurised. By legislating expressly where safeguarding is paramount and creating a clear specific offence, we would send a strong protective signal for women. My amendment would require the Secretary of State to consult and to talk to clinicians, et cetera. It is a measured, reasonable and necessary response. I urge noble Lords to support it.