Crime and Policing Bill Debate

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Department: Northern Ireland Office
Baroness Levitt Portrait Baroness Levitt (Lab)
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I am saying that this amendment as drafted would criminalise those who receive that drug by post if they are using it for some purpose other than abortion. It may also be helpful for your Lordships to be aware that this amendment as drafted would make it an offence for a business such as a pharmacy or an abortion clinic to receive these drugs by post.

On Amendment 461G, tabled by the noble Baroness, Lady Maclean, your Lordships may wish to note that not all the information required under this amendment may be readily available. For example, it may not exist, it might require additional collection, or it may be held across different systems. It is unclear how there could be an accurate estimate of those who have illegally acquired abortifacients or the data that this estimate would be based on. Producing this annual report would therefore require the Ministry of Justice and other public bodies to take on additional responsibilities with associated costs.

On Amendment 461F in the name of the noble Lord, Lord Jackson of Peterborough, the Government remain neutral on changing the criminal law related to abortion, but it is important to note that Clause 191 does not decriminalise other offences such as manslaughter, murder or infanticide. These offences will continue to be investigated and prosecuted by the Crown Prosecution Service where the legal test is met. In addition, the police and the Crown Prosecution Service are operationally independent of government, and it would therefore not be appropriate for a Secretary of State to issue guidance. Similarly, the College of Policing and the National Police Chiefs’ Council are also responsible for guidance on investigations for policing.

Finally, I turn to Amendment 461J, tabled by my noble friend Lady Thornton. It is important to note that a pardon does not quash a conviction or a caution; what it does is remove the legal consequences that would otherwise attach to it. As with any pardon or expungement scheme, consideration would need to be given to how such a scheme would operate in practice; for example, how those individuals would be identified. There is no single centrally held record of all cases that may fall within scope of this amendment, so it has implications for how and when the duty to direct deletion would be triggered.

In addition, given the breadth of the amendment, which extends to any record of an arrest or investigation, the scale of the records potentially in scope is uncertain. Also, because the amendment is not time-limited, it would thus apply to dead women as well. Taken together, these factors may mean that implementing such a duty as drafted would carry substantial operational and resource implications for policing, His Majesty’s Courts & Tribunals Service and those responsible for maintaining national databases. The scale of the work required cannot be reliably estimated at this stage but it could be considerable.

Baroness Meyer Portrait Baroness Meyer (Con)
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My Lords, I thank all noble Lords who have spoken today. I particularly welcome and support the speeches of the noble Baronesses, Lady Monckton, Lady O’Loan and Lady Foster of Aghadrumsee, the noble Lord, Lord Alton, the right reverend Prelate the Bishop of Lincoln, and so many others who spoke so eloquently and passionately.

It has been a very useful debate, which also highlighted how little scrutiny Clause 191 has received and how significant its potential effects could be—legally, socially and morally. At times, the debate revealed that we were speaking at cross-purposes: balancing the rights of women and the rights or non-rights of viable babies; balancing the rights of vulnerable women versus those who abort for personal or blunt, selfish reasons. We have all heard of women who aborted their child because they were afraid that a pregnancy would ruin their figure.

The noble and learned Baroness, Lady Butler-Sloss, hit the nail on the head. If I may paraphrase badly, it went something like this: Clause 191 risks decriminalising abortions undertaken for personal reasons while failing to guarantee the protection of women who have been a victim of abuse or coercion. This is an issue of such importance that I feel it merits much further consideration and, as the noble Lord, Lord Cameron of Lochiel, highlighted, ultimately it should not be part of the Bill.

I personally remain concerned that Clause 191 could have tragic unintended consequences both for women and for babies able to survive outside the womb. I do not see this as a right to abort, but rather how we as legislators can better protect the vulnerable—vulnerable women and the unborn child. This is why I continue to support the noble Baroness, Lady Monckton, in proposing that this clause should not stand part of the Bill. But, for now, I beg leave to withdraw my amendment.

Amendment 455 withdrawn.