Crime and Policing Bill

Baroness Thornton Excerpts

Report stage
Wednesday 18th March 2026 Lords Chamber

The question for us and for broader society is whether policy and law resolve both sides of a problem. Would we wish to pass a law that entirely removes any criminal sanction from rare but nevertheless potentially criminal acts, or not? As the noble Lord, Lord Hogan-Howe, said, when the police find a lifeless body which could be either a small infant or a late-stage foetus, they must investigate, because the police—

[Baroness Thornton (Lab)]

My Lords, I should like to ask the noble Baroness—

[Baroness Falkner of Margravine (CB)]

I do not think that we take interventions on Report, if I may refer to the Companion—but perhaps the Whip could assist us.

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[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?

[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.

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Such people should not be treated as criminals. I hope that the Minister will accept my amendment in the interests of the constitutional arrangements of the country and the equality of the sexes. It is not a benefit for someone who breaks the law to remain unpunished, whether the person is a man or a woman.

[Baroness Thornton (Lab)]

My Lords, I wish to speak to Amendment 426B in my name. Before I do that, I want to ask the question that I was trying to ask the noble Baroness, Lady Falkner; it was a perfectly ordinary question. Is the noble Baroness aware that, since 2022, there has been in place national oversight within the Crown Prosecution Service for the prosecution of abortion offences and that, under this framework, multiple women have been prosecuted, despite judges in the cases calling for the CPS to reconsider? That is all I wanted to ask the noble Baroness.

The amendment in my name has been signed by my noble friend Lord Hunt and the noble Baronesses, Lady Watkins and Lady Miller. It would insert a new clause that follows Clause 208 and is consequential on it. It seeks to pardon women who have had a conviction or a caution for the offence that Clause 208 applies to. It would remove their details from police systems, regardless of the outcome of their case. There are women who were convicted, and an even larger group of women who were not convicted but who were investigated. This means that they have permanently to disclose in a DBS check, because abortion offences are classed as violent crimes. When Clause 208 remains in this Bill, this is an issue that the Government will need to address, as they will need to do for the amendment tabled by the noble Baroness, Lady Barker, because both are technical matters when this clause passes into law. Can my noble friend the Minister confirm that this is indeed the case if this clause reaches the statute book?

I think we all wish to resolve this matter. We have had a significant amount of discussion about this clause, and I think it is safe to say that there is some disagreement between us. I would like to summarise what I think we need to do from the point of view of those of us supporting Clause 208. To protect this clause, we will need to reject Amendment 422E, in the name of the noble Baroness, Lady Falkner. We will need to oppose Amendment 423, in the name of the noble Viscount, Lord Hailsham. We will need to reject Amendment 423ZA, in the name of the noble Baroness, Lady Lawlor. We will need to reject Amendment 426C, in the name of the noble Baroness, Lady Wolf. All those amendments seek to continue the criminalisation of women in one form or another: a cruel idea, that women should be punished.

The amendment in the name of the noble Baroness, Lady Monckton, seeks to strike Amendment 208 from the Bill. The House has heard arguments, however, about the 50 countries where this works perfectly well, and where it does not increase abortion or offences. As my noble friend has said, all the royal colleges support this. We can safely say that what we are doing here is seeking to bring British law up to the same standard as other countries across the world. Amendment 424 seeks to place limits on a well-functioning, safe and early abortion through telemedicine. As my noble friend has said, it works. The amendment from the noble Baroness would place young people at risk. Women who need to go to a surgery for their medicine, but who live a long way away from it may start their miscarriage on the bus going home. Surely we want to avoid that.

Amendments 426C and 426D seek to restrict access and safeguarding in a way that will harm women, and young girls particularly. We must oppose those as well. I urge the House to reject all those amendments, to support Clause 208 and to support Amendments 423A and 426B.

[The Archbishop of Canterbury]

My Lords, many noble Lords will know that the Church of England’s view on abortion is one of principled opposition, recognising that there can be limited conditions under which abortion may be preferable to any available alternatives. This is based on the belief of the infinite worth and value of every human life, however old or young, and including life not yet born. The infinite value of human life is a fundamental Christian principle that underpins much of our legal system and has shaped existing laws on abortion. All life is precious. We therefore need to recognise that women confronted with the very complex and difficult decision to terminate a pregnancy deserve our utmost understanding, care and practical support as they face what is often a heart-wrenching decision.

However, I cannot support Clause 208. Though its intention may not be to change the 24-week abortion limit, it undoubtedly risks eroding the safeguards and enforcement of those legal limits and, inadvertently, undermining the value of human life.

I support Amendment 425 in the name of the noble Baroness, Lady Stroud, since it is not clear how the law can function in an enforceable way without in-person consultation before accessing early medical abortion. The risks of medical complications are, as we have heard, much greater if the pills for early abortion are taken beyond the 11-week limit. Although there are benefits to telemedicine—I do not dispute that—there are also flaws, and they are key to the debate on whether Clause 208 should pass.

As I have already said, this is not a debate on whether the legal abortion limit should change, but without the levers necessary to monitor and enforce the law, we are at risk of it becoming exactly that.

In the same vein, I support the amendment in the name of my right reverend friend the Bishop of Leicester, as we have a particular duty of care to those under 18 to ensure that they are properly cared for and supported while making such difficult decisions.

I am reminded of the call of the prophet Micah both to do justice and to love mercy. Balancing justice and mercy is the challenge that we are debating today. I do not think that women who act in relation to their own pregnancies should be prosecuted, but I also do not wish to see any increase in late-term abortions.

Although Clause 208 is well intentioned, it risks making an already imperfect situation worse. Therefore, I support Amendment 424 in the name of the noble Baroness, Lady Monckton.

Decriminalisation of abortion is a question of such legal, moral and practical complexity that it cannot be properly addressed in an amendment hastily added to another Bill. Consideration of any alteration to the abortion laws needs public consultation and robust parliamentary processes to ensure that every aspect of this debate is carefully considered and scrutinised.

There are many outstanding questions, which deserve greater attention, about the tone of policing in this area, about how we can best ensure that women suffering miscarriages can access the right care when they need it, and about how those who provide abortions outside the law will continue to be held accountable for doing so.

As I have said before in this place, we need a framework that supports women, not one that puts them and their unborn children in the way of greater harm. On that basis, I will support the amendments in the names of the noble Baronesses, Lady Monckton and Lady Stroud, and my right reverend friend the Bishop of Leicester should they push them to a vote.

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Moved by

[Baroness Thornton]

426B: After Clause 208, insert the following new Clause—
“Provisions for pardons and criminal records of women prosecuted under abortion law(1) The Policing and Crime Act 2017 is amended as followed.(2) After section 165 (Other pardons for convictions etc of certain abolished offences: England and Wales), insert—“165A Pardon and expungement of records for women under the law related to abortion(1) Subsections (2) and (3) apply in respect of a woman (whether living or deceased) who, when acting in relation to her own pregnancy, was convicted of, cautioned for, arrested for, or investigated on suspicion of, an offence under the law related to abortion, including sections 58 and 59 of the Offences Against the Person Act 1861, and the Infant Life (Preservation) Act 1929.(2) Where the woman has been convicted of, or cautioned for, an offence detailed in subsection (1), she is pardoned for the offence.(3) The Secretary of State must by notice direct the relevant data controller to delete details, contained in relevant official records, of a conviction, caution, arrest, or investigation detailed in subsection (1).(4) Expressions used in this section or section 167(1) (so far as relating to this section) and in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 167(1) as in that Chapter (see section 101 of that Act).”(3) In section 167 (Sections 164 to 166: supplementary)—(a) in subsection (1) after “165” insert “ or 165A”;(b) in subsection (2) after “165” insert “ or 165A”.” Member’s explanatory statement
Abortion offences are classed as violent crimes meaning they will permanently be disclosed as part of a DBS check. This amendment seeks to pardon women who have a conviction or caution for an offence which Clause 208 applies to. It would also ensure the removal of women’s details from police systems, regardless of the outcome of their case.

[Baroness Thornton (Lab)]

My Lords, I know that the amendment is defective, because my noble friend has said that. However, this is the only opportunity we have to address the issue. Now that we have agreed, as a House, to keep the clause in the Bill, if I press my amendment it will need to be dealt with by the Government between now and Third Reading. Therefore, I wish to test the opinion of the House.