Lords Scrutinise Abortion Decriminalisation Proposal
The House of Lords convened on Monday, February 2, 2026, for a Committee Stage debate on Clause 191 of the Crime and Policing Bill. This controversial clause proposes to decriminalise abortion for women in relation to their own pregnancy, potentially up to full term, marking what many consider the most significant alteration to UK abortion law since 1967.
Currently, abortion in England and Wales remains a criminal offence under the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929. The Abortion Act 1967 legalised abortion under specific conditions, including approval from two doctors, performance in approved premises, and meeting certain criteria, typically up to 23 weeks and 6 days of gestation.
Key Concerns Raised by Peers
During the debate, several peers voiced strong opposition to Clause 191. Baroness Monckton, supported by other members, called for the clause's removal, cautioning that it could lead to the reintroduction of unsafe 'back-street' abortions. She argued that if passed, 'the viable unborn child would have the moral status of property'.
Baroness Meyer also tabled an amendment aimed at preserving legal protection for viable unborn babies. She highlighted that Clause 191 'would remove protections where the death of a viable baby was caused by the mother, meaning that even a full-term baby could be aborted by the mother with no legal consequences'. Baroness Meyer further noted the stark difference between the legal protection afforded to a foetus close to birth and a newborn.
The Bishop of Lincoln, Stephen Conway, suggested that rather than altering criminal law, better police procedures should be implemented to safeguard women seeking late-term abortions.
Background and Public Sentiment
Clause 191 was initially introduced in the House of Commons by Labour MP Tonia Antoniazzi and passed in June 2025 by a majority of 242 votes after only 46 minutes of debate. Critics have pointed out the lack of public consultation, committee scrutiny, or evidence sessions prior to its passage in the Commons.
Concerns were also raised about the potential for the clause to allow abortions at any point up to and during birth, which some peers described as a 'radical step that is out of sync with public feeling'. Polling data cited during the debate indicated limited public support for abortion up to full term, with strong support for protection after viability.
Another point of contention was the link between recent prosecutions for illegal late-term abortions and the 'pills by post' scheme, which allows for abortions without in-person consultations. Peers like Baroness Stroud have proposed amendments to reinstate mandatory in-person consultations to ensure accurate gestational age assessment and address potential coercion.
Next Steps for the Bill
While the amendment to remove Clause 191 was withdrawn during the Committee Stage, the Crime and Policing Bill will continue its passage through the House of Lords. Further amendments are anticipated as the legislative process progresses.
3 Comments
Bella Ciao
I understand the desire to remove the criminal aspect for women, as it's a deeply personal decision, but the concerns about viable babies and late-term abortions are very serious. There must be a way to balance decriminalization with robust safeguards for later stages of pregnancy.
Muchacha
Decriminalization is essential. The 1861 law is archaic and has no place in modern society.
Mariposa
No public consultation? This is a dangerous overreach, pushed through without proper scrutiny.