Access to abortion in Northern Ireland
Is abortion legal in Northern Ireland?
Women in Northern Ireland do not have the same access to abortion as women in mainland Britain. Abortion law in Northern Ireland remains as it was in England, Wales and Scotland before the 1967 Abortion Act was passed by Parliament. Legally an abortion can be carried out in exceptional circumstances if the physical or mental health of the mother is severely and permanently at risk. However, in mainland Britain before 1967, in practice clinicians are not prepared to carry out the procedure for fear of being prosecuted as the law is unclear.
The fpa (Family Planning Association) took the Northern Irish Department of Health, Social Services and Public Safety to court in order to force them to publish guidance on what abortion services could be provided within Northern Ireland’s restrictive law. While this was produced in 2007, it was then rejected by the Northern Ireland Assembly. Subsequently, on publication of the guidance in 2009 anti-abortion group SPUC (Society for the Protection of the Unborn Child) was granted permission to seek a judical review on the guidance, in order that it would be redrafted again. A full hearing of this case took place in October 2009. Healthcare professionals and women in Northern Ireland are still waiting for clarification so women are still forced to travel outside Northern Ireland, at their own cost, for medical care in this area.
What is the problem with the current law?
Women with an unintended pregnancy in Northern Ireland are often left in desperate situations as, for most, their only option is to continue the pregnancy whether or not they wish to, or have the support they need to do so. Others may attempt to bring about a clandestine abortion, for example, using websites to buy drugs which may not be effective or safe to use without medical supervision.
Most women in Northern Ireland seeking a safe, legal abortion must find the money to travel abroad, often to England, for the procedure as the NHS will not fund their treatment. BPAS sees several hundred clients each year who have travelled to Britain because abortion is illegal in their own country.
Typically, these women present at later gestations, often into the second trimester, having been delayed by the financial and other burdens associated with accessing information and travelling. Women in Northern Ireland are not dissuaded from having abortion by the legal situation but are more likely to have later procedures and therefore a higher risk of complications.