Crime and Policing Bill

Baroness Monckton of Dallington Forest Excerpts

Report stage
Wednesday 18th March 2026 Lords Chamber

[Baroness Monckton of Dallington Forest (Con)]

My Lords, my Amendment 424 seeks to remove Clause 208. As my noble friend Lord Hailsham said, this clause passed the Commons without any evidence, scrutiny, public consultation or impact assessment, although it is momentous. It is a radical proposal with implications for the mental and physical health of the woman and lethal consequences for the viable unborn child. Clause 208 would allow mothers to self-administer the abortion of their unborn child for any reason, at any stage of pregnancy right up to full term. This is not just its consequential effect; it is its intended effect. The clause states:

“For the purposes of the law related to abortion … no offence is committed by a woman acting in relation to her own pregnancy”.


The unborn child, in many cases more developed than those successfully looked after in premature baby units, would have no legal protection. As my honourable friend Julia Lopez said in the other place:

“This is not pro or anti life. It is not extremist to want protections for viable babies, and it is not anti-women to say that coercion or dangerous self-medication should not be outside the reach of the law”.—[Official Report, Commons, 17/06/25; col. 330.]


This in part was a reference to the fact that a woman may be coerced into having an illegal abortion at home. The law as it stands—

[Baroness Ramsey of Wall Heath (Lab)]

Is the noble Baroness aware that, if Clause 208 became law, abortion law would continue to apply to doctors and healthcare professionals and they would still be subject to time limits and all other aspects of the current abortion law?

[Baroness Monckton of Dallington Forest (Con)]

Dr Alison Wright, president of the Royal College of Obstetricians and Gynaecologists, has written to Peers protesting that women may continue to face police investigations and criminal charges solely for ending their own pregnancy unless this clause is supported. She, speaking on behalf of the college, makes no distinction whatever between the abortion of a viable child at full term and a first-trimester termination. Indeed, the infant who without the intervention of lethal drugs would be fully a living person at that stage, if born, is completely unmentioned. It is as if this is unmentionable. Dr Wright describes the women concerned as being at the most vulnerable times in their lives. That may be true, but the most vulnerable and defenceless person here is the unborn viable child. Obviously, it is deeply distressing, as we have heard, for the mother to be questioned by the police in the aftermath of an illegal abortion. This should be done with compassion and sensitivity, but the police cannot act as if nothing has happened.

Clause 208 also endangers women by removing the current legal deterrent against administering an abortion away from a clinical setting right up to birth. Women may be incentivised to perform their own life-threatening abortion late in pregnancy. This is particularly the case given how easily women can obtain abortion pills through the pills by post scheme, beyond the legal limit and without a reliable gestational age check. These pills are not meant to be used after the 10th week of pregnancy for a very good reason. I encourage noble Lords to support Amendment 425 from the noble Baroness, Lady Stroud, which would reinstate mandatory in-person medical consultations and abolish the pills by post scheme, which was started during Covid lockdowns and should have been rescinded after the pandemic, as was originally intended.

More than 1,000 medical professionals have written to us opposing Clause 208, and I am grateful to the noble Baroness, Lady Hollins, former president of the British Medical Association, for her support for my amendment. One letter I received pointed out that—

[Baroness Bennett of Manor Castle (GP)]

The noble Baroness refers to 1,000 doctors writing, but is she aware that the British Medical Association has sent briefings to Members in support of the Bill as it now stands and that it alone represents more than 200,000 doctors?

[Baroness Monckton of Dallington Forest (Con)]

The British Medical Association is a trade union, not a royal college.

[Baroness Blackstone (Lab)]

My Lords—

[Baroness Monckton of Dallington Forest (Con)]

I am very sorry—I have to carry on or I am going to run out of time. This is Report and I am going to continue.

[Lord Katz (Lab)]

The noble Baroness is perfectly entitled not to take any interventions. We will make better progress if people just agree to take interventions or not, and then we will be able to hear from everyone.

[Baroness Monckton of Dallington Forest (Con)]

One letter I received pointed out that 22 week-plus babies aborted in a medical setting are clinically euthanised prior to surgery with a lethal injection into the heart. What would happen, she asked in her letter, to babies aborted at home and born alive? Would the baby be left to die? How would the baby be disposed of? Would the mother be charged with infanticide?

Clause 208, as confirmed by a legal opinion obtained by the Father of the House, Sir Edward Leigh, in the other place, would also make it legal for a woman to perform her own abortion on sex-selective grounds at any time. Data from NHS England shows that there is already an imbalance in the sex of children among certain communities that cannot be explained by pure chance. Do the proposers of this clause want to further facilitate what has been called femicide?

Let me be clear about what Clause 208 does not do. It does not, despite the claims of its promoters, leave the current law intact. If the 24-week limit can no longer be defended when women induce their own abortions, and they can obtain pills through the post via a phone call, the limit set by Parliament in 1990 is rendered meaningless. The reason why it was then lowered from 28 weeks was precisely because of concerns about the termination of viable children.

The most basic justification for all abortions is that the unborn child in question is unwanted. The slogan is that every child should be a wanted child, but we all know that there are so many couples who for medical reasons cannot have families themselves yet desperately want a family. When you think of the fate of a viable baby being aborted as unwanted when there are so many families yearning to provide that love and support via adoption, this clause is morally questionable, even on the purely utilitarian grounds of the greatest happiness of the greatest number.

The preamble to the UN Convention on the Rights of the Child states that

“the child … needs special safeguards and care, including appropriate legal protection, before as well as after birth”.

Removing the offence of a woman terminating her own pregnancy, even at full term, would remove the few remaining legal protections for unborn children.

I am sure that the proposers of Clause 208 genuinely believe that they will thereby create a kinder and more civilised society, but I fear that the consequences, if this is passed, will be precisely the opposite.

[Baroness Thornton (Lab)]

My Lords, it is normal to take questions and interventions as this is a debate so, before the noble Baroness sits down, can I ask her whether she believes that all 50 countries that have decriminalised abortion are wrong?

--- Later in debate ---

Moved by

[Baroness Monckton of Dallington Forest]

424: Leave out Clause 208

[Baroness Monckton of Dallington Forest (Con)]

I thank all noble Lords who have participated in this debate. I have listened to opinions from across the House but am not satisfied that the mother or the unborn baby is protected. I would therefore like to test the opinion of the House.