Crime and Policing Bill Debate

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Department: Northern Ireland Office
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Lab)
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My Lords, I rise with a certain level of trepidation and fear to convey a contribution during this debate, as I am not a mother. I have never enjoyed motherhood; therefore, I do not have the experiences of many women right across this Chamber. But I rise to support Amendment 460, to which I am pleased to be a signatory and to which the noble Baroness, Lady Foster, has already spoken, and the clause stand part notice on Clause 191 from the noble Baroness, Lady Monckton.

I support Amendment 460 because the health risks of obtaining abortion pills without adequate prior in-person checks are now well documented. I feel that if they are to be available—if that is the way you support—you need an ultrasound and a full investigation.

I simply add one further example to those which have already been cited. The Irish Medical Journal published an article in March 2024 explaining how a woman in Ireland nearly died from an ectopic pregnancy after taking abortion pills. The article reported that the case

“could have been prevented by an ultrasound”.

If women once again had mandatory in-person scans, it would protect them, allowing ectopic pregnancies and other possible health risks to be picked up more reliably.

However, as has been noted, the woman is not our only consideration. I agree that there is a need to protect the woman but also the unborn child. By allowing Clause 191 to stand, we would remove the legal safeguards that exist to protect an unborn baby after the point of viability, when a baby could survive outside the womb. I contend that this is a radical and unpopular proposal. Indeed, this is an issue that should unite those of us who are pro-life and those of us who are pro-choice. In an article for the Times entitled “I’ve always been pro-choice but this is too far”, the well-known pro-choice commentator Janice Turner wrote

“I find it discomforting that a woman could abort a full-term baby and face no sanctions”.

She is not alone. Polling in 2024 found that only 1% of women support abortion up to birth, while just 16% of the public support removing a legal deterrent after the 24-week limit. In fact, 70% of women would like to see a reduction in our abortion time limits, not permitting women to induce their own abortions up to birth, as would de facto become the case under Clause 191.

As a Northern Irish Peer, I echo the earlier comments from the noble Baroness, Lady Foster, regarding Northern Ireland. I was concerned to hear suggestions in the other place, during the truncated Report debate on this clause, that there are considerations about whether to introduce pills by post in Northern Ireland. I am deeply worried about this possibility. If supporters of Clause 191 really wish to bring England and Wales into line with Northern Ireland, as they claim, I make a simple suggestion that they ought to support Amendment 460 and reintroduce the in-person appointments that we rightly continue to have in Northern Ireland.

I finish by quoting the Times leading article, published two days after Clause 191 passed in the other place:

“Even the most ardent advocate of a woman’s right to choose must see that this change risks a host of unintended consequences. While women considering ultra-late termination must”—


I support them in this—“be regarded” and supported

“with the greatest understanding and sympathy”,

as well as with compassion and humanity,

“the possibility of a viable child being killed shortly before its birth is not a prospect to be treated lightly”.

I know there are different views on that issue right across the Chamber, but I hold my view, and I respect the views of others who take a different viewpoint. There has been no great public clamour, I believe, for this change. I very much hope that Clause 191 will not remain part of the Bill, and I also support Amendment 460 to which I am a signatory.

Baroness Eaton Portrait Baroness Eaton (Con)
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My Lords, I will speak to my Amendment 459 and in support of other amendments that have been tabled in this group, in particular the clause stand part notice in the name of the noble Baroness, Lady Monckton, and Amendment 460 in the name of the noble Baroness, Lady Stroud.

Clause 191, were it to become law, would open a Pandora’s box of unintended consequences. Although these consequences may be unintended, they are not unforeseen. After all, many of us warned about exactly what would happen if the pills by post scheme was introduced. Indeed, the only reason we are having this debate is because, tragically, those warnings proved to be accurate, and the supporters of pills by post now wish to decriminalise late-term, self-induced abortions as a result of and, dare I say, to conceal the results of this reckless scheme for which they lobbied.

Those consequences were foreseeable, and if Clause 191 makes it on to the statute book we can foresee what its consequences would be too. Although women ending the lives of their unborn children after the 24-week limit may be spared prosecution under the clause, I fear they will not be spared the grave resulting dangers to their physical health and the lasting trauma that would accompany such abortions. It is for this reason, and many of the others that have already been set out, that I wholeheartedly support Clause 191 not standing part of the Bill, and Amendment 460, which would reinstate in-person consultations with a medical professional before abortion pills can be obtained, should be approved.

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Baroness Bousted Portrait Baroness Bousted (Lab)
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My Lords, I ask the noble Baroness how criminalisation of the mother would provide any protection against abortions on sex-selective grounds. That is the argument she is making, it appears to me. How would criminalisation stop this?

Baroness Eaton Portrait Baroness Eaton (Con)
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The criminalisation is known by both the partner and the mother, and it gives the woman a reason to say that this is a dangerous process that easily could lead to one or both of them being accused of an illegal act.

Baroness Bousted Portrait Baroness Bousted (Lab)
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Can I say further—

Baroness Eaton Portrait Baroness Eaton (Con)
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The noble Baroness has had one intervention, and only one is allowed.

Lord Katz Portrait Lord Katz (Lab)
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To be clear, the noble Baroness can take as many or as few interventions as she wishes.

Baroness Eaton Portrait Baroness Eaton (Con)
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Well, that is not the information that was given earlier, but there we are. I think I have answered the question.

Baroness Bousted Portrait Baroness Bousted (Lab)
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Will the noble Baroness then take the intervention?

Baroness Eaton Portrait Baroness Eaton (Con)
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No, I have already had one, and I am happy with it, thank you.

This is not scaremongering. We need only to look at other countries to foresee what the consequences of decriminalisation would be. Sex-selective abortion has been a significant problem in Canada since abortion was decriminalised. An article in the Canadian Medical Association Journal has outlined that:

“Easy access to abortion and advances in prenatal sex determination have combined to make Canada a haven for parents who would terminate female fetuses in favour of having sons”.


Evidence of sex-selective abortions has also been found in Victoria, Australia, since decriminalisation—so much so that one doctor was investigated by the medical board of Victoria for failing to refer a woman for a sex-selective abortion. Australian broadcaster SBS reported that there are higher numbers of boys than girls being born in some ethnic communities in Australia since decriminalisation.

If we go down the path proposed by Clause 191, we could expect the same to happen here, risking profound social and demographic problems. Estimates suggest there are more than 140 million missing women and girls across the globe, in most part resulting from sex-selective abortion and postnatal sex-selection infanticide.

Sex-selective abortion in China, arising in part because of the country’s one-child policy, created enormous demographic challenge in the country, with media reports describing how millions of men have struggled find a wife in the country.

Lord Winston Portrait Lord Winston (Lab)
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Does the noble Baroness accept that sex selection has to be done under the auspices of the regulatory authority, the HFEA, and that it is illegal in this country and has remained illegal? It would be very difficult for clinics to use that technology without the support of the HFEA.

Baroness Eaton Portrait Baroness Eaton (Con)
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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 Portrait Baroness Miller of Chilthorne Domer (LD)
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My Lords, I have my name to Amendment 461—

Baroness Eaton Portrait Baroness Eaton (Con)
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I have not finished. That was an intervention. Sorry; I have nearly finished.

Lord Katz Portrait Lord Katz (Lab)
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I ask the noble Baroness to conclude her remarks: it is well over her 10 minutes.

Baroness Eaton Portrait Baroness Eaton (Con)
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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 Portrait Baroness Miller of Chilthorne Domer (LD)
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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.