Baroness Stroud
Main Page: Baroness Stroud (Conservative - Life peer)Department Debates - View all Baroness Stroud's debates with the Ministry of Justice
(1 day, 12 hours ago)
Lords ChamberMy 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?
Baroness Stroud (Con)
My Lords, I support Amendment 424 from the noble Baroness, Lady Monckton, for the reasons that she has so clearly set out. I will not repeat them but instead seek to offer in my Amendment 425 a more judicious response than Clause 208 to the small number of prosecutions that have occurred in recent years.
When we pass laws as parliamentarians, we have a responsibility to ensure that those laws are as safe as possible, while legislating with the most difficult or even most nefarious scenarios in mind. It is with that in mind that I have tabled Amendment 425. The only reason why we are having this debate today and why there has been this push for Clause 208—not from the public but from abortion providers—is that the current law around how women can access abortion is not as safe as it should be and does not protect women in difficult or nefarious situations.
When the abortion pills by post scheme was introduced, I and many others warned of its risks. Sadly, those warnings have proven prescient, with one consequence being that a small number of women have faced prosecution for illegal abortions after the statutory time limit. Those prosecutions have led to the same groups who assured us back in 2020 and 2022 that pills by post was safe to lobby for the introduction of Clause 208, essentially trying to paper over the consequences of that scheme.
While women might no longer be prosecuted under Clause 208, the grave risks to women will not go away. Cases of women administering their own abortions late in pregnancy will likely increase without a legal deterrent. We will then hear calls for the full decriminalisation of abortion up to birth. It would be far safer to reintroduce in-person consultations with a medical professional before women can obtain abortion pills, as was mandatory before the pandemic. Amendment 425 would do this. It is not seeking to reverse the convenience of pills by post. It is only seeking to introduce safeguards for women. The amendment is deliberately moderate. It still permits at-home abortions but requires a prior confidential face-to-face appointment with a medical professional.
I draw colleagues’ attention to three reasons why this is important. First, in-person consultations allow women’s gestational age to be reliably verified. This would protect women because of the dangers associated with abortions away from the clinical context late in pregnancy. Those who argued for the Abortion Act in 1967 did so to prevent the back-street abortion. Under Clause 208, the DIY back-street abortion will be back for any woman who is more than 24 weeks pregnant.
In 2023, Carla Foster was convicted of an illegal abortion after she admitted lying to the abortion provider BPAS about her gestational age, claiming to be seven weeks pregnant when her gestation was actually between 32 and 34 weeks. Carla Foster was both a perpetrator—ending the life of a baby capable of living outside the womb—and a victim. She was a victim of a scheme that meant she could obtain abortion pills with no meaningful safeguards or medical care. After calling paramedics, she described being traumatised by the face of her dead baby. An in-person gestational age check would have both saved the life of her baby and spared the trauma caused by her actions.
Baroness Stroud (Con)
I am not giving way; I am sorry.
Secondly, in-person consultations protect against coercion and abuse. Far from protecting victims of abuse, as is claimed, the lack of such consultations is a traffickers’ charter, allowing traffickers and abusers to cover up the effects of sexual exploitation by coercing their victims to phone up and ask for abortion pills. In-person appointments prior to an abortion in a confidential setting mean that such abuse is more likely to be detected. The disturbing case of Stuart Worby emphasises this need.
Baroness Stroud (Con)
I am just carrying on; I am sorry.
Mr Worby was jailed in December 2024 after arranging for a friend’s girlfriend to pretend to be pregnant and acquire abortion pills for him via the pills by post scheme. He then spiked a woman’s drink with those pills to induce an abortion against her knowledge. Again, he could not have obtained the pills if in-person appointments were still mandatory.
Thirdly, in-person appointments allow for possible health risks to be checked to assess whether it is safe for a woman to undergo a medical, rather than a surgical, abortion.
The problems with the pills by post scheme are well documented, with FoI requests suggesting that one in 17 women requires hospital treatment afterwards. These risks were strikingly drawn to our attention by a letter, which has already been mentioned, from more than 1,000 medical professionals who support Amendments 424 and 425. I am glad too for the support of Dr Caroline Johnson MP, who still practises as a paediatrician and brought forward the same amendment in the other place.
The seriousness of this issue was brought home to me when I had the opportunity, in January, to meet with a woman whose sister tragically died after taking abortion pills via the pills by post scheme, leaving behind young children. The medical conditions the woman had, which meant she should have been deemed high risk, may well have been picked up in a clinical context. However, after a telephone consultation, she was sent pills in the post by BPAS and died suddenly minutes after taking the final set of pills.
Baroness Stroud (Con)
I am sorry; I am going to keep going.
This amendment would ensure that women are offered the best possible care at in-person appointments, where medical history can be discussed with a woman.
Amendment 425 is not about whether we are pro-life or pro-choice; it is about safeguarding women. Polling last summer found that two-thirds of women support the return of in-person appointments; a mere 4% support the status quo. Abortion providers provided abortion services before the pandemic, with no major problems for access. I urge colleagues to support Amendment 425, which is a far more proportionate response to the handful of court cases that have occurred in recent years than that offered by Clause 208, which makes matters worse and removes legal protections for unborn babies up to birth. Amendment 425 would not reduce access to abortion for women, but it would ensure that their health needs are properly catered for.
My Lords, I declare an interest: I am the chair of the Royal College of Obstetricians and Gynaecologists. I hope that the noble Baroness who has just spoken will accept that sometimes the expertise of people who are directly involved on a daily basis with the treatment of women seeking an abortion is really rather important. I found it distressing when the noble Baroness, Lady Monckton, refused to acknowledge that, in fact, many representatives of the medical profession strongly adhere to what lies behind Clause 208. I strongly support that clause because it seeks to ensure that women in England and Wales will no longer be subject to long investigations and criminal charges, which are very often exceedingly distressing.
I also support Amendment 423A to stop ongoing investigations and Amendment 426B to grant historical pardons to women. However, I will focus my comments today on the safety of the telemedicine service for early medical abortion and, in particular, my opposition to Amendment 425, which the noble Baroness, Lady Stroud, just spoke to.
There have been extraordinary suggestions that the creation of the telemedicine service is the reason for the increase in criminal investigations. This is not true. There were cases of women being sent to prison before the telemedicine pathway was even created. Since the vote in the House of Commons last year, several women have been investigated, including a woman who experienced a miscarriage when she was 17 weeks pregnant. Surely that is something we should seek to avoid.
I turn to a landmark study of more than 50,000 abortions in England and Wales, which concluded that telemedical abortion is effective, safe and improves access to care. Waiting times fell, the mean gestational age of treatment declined and effectiveness increased, with 98.8% of abortions successfully completed after medication. The scare stories we have just heard are exceedingly rare and we should not take them as a reason for rejecting the telemedical service that exists.
Safety is not only about clinical outcomes; it is also about safeguarding. Women accessing early medical abortion through a licensed provider will speak to a doctor, a nurse or a midwife who follows established safeguarding protocols, asking an agreed list of questions to verify what the woman seeking an abortion has said. In fact, abortion providers operate within one of the most tightly regulated areas of medicine. Where concerns arise, patients are always brought face to face to receive care by that method. Indeed, about 50% have a face-to-face appointment when they seek a telemedical abortion and the drugs that are concerned.
It is important to note that telemedicine has not removed face-to-face care. If a woman chooses to attend a clinic or hospital, she is able to do so. Telemedicine has simply broadened choice for women, and that is something we should also take very seriously as a huge benefit. We must consider what would happen if the option for telemedicine—
Baroness Stroud