Crime and Policing Bill

Debate between Baroness Miller of Chilthorne Domer and Baroness Eaton

Monday 2nd February 2026 Lords Chamber

[Baroness Eaton (Con)]

I remind the noble Lord that there is already an issue in this country: BPAS suggests online that it is not illegal to have sex-selective abortions, so there is some dispute about that information.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I have my name to Amendment 461—

[Baroness Eaton (Con)]

I have not finished. That was an intervention. Sorry; I have nearly finished.

[Baroness Eaton (Con)]

Yes, sorry, it is. I will just read the last paragraph. It is the interventions that have taken time.

Some of these examples may sound fanciful or seem extreme, but the worst consequences of a policy rarely announce themselves plainly at first sight; otherwise, we would always pass perfect laws, and we do not. We would be foolish not to learn from evidence in other jurisdictions. I contend that it would be far wiser to reject Clause 191 altogether. Doing so would protect women—both baby girls in the womb and the mothers who carry them.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I added my name to Amendment 461J, to which the noble Baroness, Lady Thornton, spoke so eloquently. It addresses the pardoning of women who have already been criminalised. When Clause 191 becomes law, I look forward to this amendment being part of it because, as your Lordships all know, having a criminal record precludes you from some jobs and from getting visas to some countries. It is a very serious thing, and this small amendment is well worth while.

The overwhelming support from the professional bodies must weigh heavily on your Lordships, even those who are doubtful about Clause 191. I am grateful to those in the Committee who have experience in this field. It struck me that if the Royal College of Nursing, the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists, and the Royal College of General Practitioners are all behind, who are we to raise many of these issues? That is not to say we should not debate the important points. However, where those involved in delivering healthcare for women are so overwhelmingly supportive, this seems to me to be the right course.

The noble Lord, Lord Bailey of Paddington, asked about surveys. Well, I have one from YouGov that cites 70% of the public as saying that women should not face criminal prosecutions for having abortions outside the set rules.

The noble Baroness, Lady Monckton, made the comment: what is the role of this House? Well, the role of this House, which I am glad to say it is undertaking very well this evening, is, as we know, not to overturn the will of the Commons, where the vote was 379 to 137.

There are many amendments in this first group that seem innocuous. We debated some of them a while ago—for example, the requirement to keep statistics—in the Bill by the noble Lord, Lord Moylan. But they are not innocuous; they are really just a back door into undermining the very idea of Clause 191.

My last point is about an issue addressed by the right reverend Prelate the Bishop of Lincoln. I have understood that decriminalisation does not encourage more, or later, abortion. In the countries that have practised it, such as Canada and New Zealand, it has not been the case that it has encouraged more or later abortion. Other noble Lords have eloquently made the point that abortion is not something that you, as a woman, just choose lightly. I have not had an abortion myself; I have had only a miscarriage, and I happily have two children besides, but that was enough to tell me that you would not lightly go and choose this. Getting rid of Clause 191 is an essential part of moving us into the 21st century and away from the very Victorian attitude that has prevailed until now.