Can women in Northern Ireland have an abortion?

The 1967 Abortion Act, which governs abortion provision in Britain, only applies in England, Scotland and Wales. When the Act was debated and passed by Parliament in 1967 it was not extended to Northern Ireland. In stark contrast to how women can access services in the rest of the UK, it is virtually impossible for women in Northern Ireland to obtain an abortion on the NHS.

In Northern Ireland, abortion is only permitted in the most severe and exceptional circumstances. On average, 80 abortions are permitted on the NHS within Northern Ireland each year. Women from Northern Ireland who do not feel that they can continue their pregnancy, but do not satisfy these restrictions, have to travel to England where they organise and pay for their own abortion. This option is only available to those women who are able to raise the money to pay for their procedure within the legal time limits, as well as the costs of their travel and accommodation, which can add up to thousands of pounds.

Is there a demand for abortion within Northern Ireland?

Although politicians have been vocal in their opposition to abortion, apart from this recent snapshot by FPA, there have been no recent opinion polls on this issue in Northern Ireland, so public opinion is unclear. However, women have been silently voting with their feet since 1968. More than 50,000 women have travelled from Northern Ireland to England since the 1967 Abortion Act made abortion legal. Given that it is acknowledged that some women give false addresses this figure could be as high as 70,000.

International evidence shows that making abortions illegal only results in women resorting to unsafe abortion practices. Since Northern Ireland was excluded from the 1967 Act there have been at least five known deaths to unsafe abortion practices.

Calls to the FPA helpline reveal that some desperate women are accessing rogue internet sites to purchase the ‘abortion pill’. Often they receive an incomplete dosage which can result in medical complications requiring intervention by a health professional. This potentially places both the woman and the health professional at risk of prosecution as this could be legally interpreted as procuring an illegal abortion in Northern Ireland.

There is clearly a demand for abortion services in Northern Ireland, given the high numbers who travel to England for this reason each year. Other women who wish to have an abortion, but cannot afford to travel and pay for this procedure, suffer discrimination because of their low incomes.

Extending the 1967 Abortion Act to Northern Ireland would enable the women who do not want to continue their pregnancy to have an abortion near their homes, free of charge; it would also permit the women who cannot afford to travel to England and pay for an abortion the right to make these choices.

No woman would be forced to have an abortion, but it is fundamental that women in Northern Ireland have this choice.

Why is the law different from other parts of the UK?

When the Act went through Westminster in 1967, Northern Ireland had its own Parliament and the issue of abortion was left for it to decide. It never took up the issue. When Direct Rule returned in 1972, Westminster never extended abortion to Northern Ireland, and many Northern Irish MPs have been vocal in opposition to abortion. Whilst the Northern Ireland Assembly was reinstated almost 10 years ago, abortion remains a matter governed by Parliament in Westminster for all parts of the UK. The 1945 Criminal Justice (Northern Ireland) Act is the most recent piece of legislation which applies to abortion in Northern Ireland. This introduced the 1929 Infant Life Preservation Act, which was passed by the UK Parliament and allows the abortion of a child ‘capable of being born alive’ only where the mother’s life would be otherwise at risk.

The law on abortion in Northern Ireland is extremely unclear, which means that it is virtually impossible for women there to obtain an abortion on the NHS. FPA campaigns for women in Northern Ireland to be able to access abortion services there. In May 2001, FPA in Northern Ireland took the historic step of initiating legal action against the DHSSPS. FPA asked the courts to advise the DHSSPS that it was failing in its statutory duty to ensure that all women had equal access to reproductive healthcare services. In a landmark ruling on 13 June 2001, FPA won the right to the first judicial review of medical practices relating to abortion and the provision of abortion services in Northern Ireland. The judicial review took place in the High Court in Belfast on 21–22 March 2002. On 7 July 2003, Mr Justice Brian Kerr presented his judgement. While he found that the DHSSPS was not failing in its statutory duty to issue guidelines, he thought it would be prudent to do so. However, Mr Justice Kerr clearly stated that abortion is legal in Northern Ireland in certain circumstances. They are as follows:

• The continuance of the pregnancy threatens the life of the mother, or would adversely affect her mental or physical health.
• The adverse effect on her mental or physical health must be a “real and serious” one, and must also be “permanent or long-term”.
• In most cases, the risk of the adverse effect occurring would need to be a probability, but a possibility might be regarded as sufficient if the imminent death of the mother was the potential adverse effect.
• It will always be a question of fact and degree whether the perceived effect of a non-termination is sufficiently grave to warrant terminating the pregnancy in a particular case.

FPA appealed this decision and the Belfast Court of Appeal subsequently ruled that DHSSPS had failed to perform its duties under Article 4 of the Health and Personal Social Services of Northern Ireland Order 1972, to secure provision of integrated health and personal social services to women seeking lawful termination of pregnancy in Northern Ireland. In 2005, in response to the court's ruling, the DHSSPS instigated a formal investigation into the provision of termination services in Northern Ireland.

• FPA reacts to new Departmental guidance on abortion in Northern Ireland.
• The work of FPA in Northern Ireland.

What about abortion on the grounds of fetal abnormality?

Women who discover during their pregnancy, usually at around 20 weeks, that there is a severe problem with the development of their child are not entitled to have an abortion on grounds of fetal abnormality. This is because abortion on these grounds is allowed through a clause within the 1967 Act and does not apply to Northern Ireland. If the parents, following counselling and advice about the nature of the abnormality, can afford to travel to England and pay for a private abortion, this option is open to them up to 24 weeks. For many couples, the expense of this procedure at this stage means it is simply not an option.

Can doctors and nurses in Northern Ireland object to abortion on grounds of conscience?

The law on conscientious objection is part of the 1967 Abortion Act, and as this law is not extended to Northern Ireland, doctors and nurses in Northern Ireland cannot legally object to abortion on these grounds. Were the law to be extended to Northern Ireland, no medical practitioner with a religious or conscientious objection would be forced to refer a woman or perform an abortion, except if the woman’s life was imminently in danger.

What impact will a change in law have?

Extending the 1967 Abortion Act to Northern Ireland would mean that women in Northern Ireland would have the same rights as other women in the UK. They would be able to access abortion services free of charge, like other women in the UK, without having to spend thousands of pounds travelling to England, and without having to absent themselves from family, friends and work on false pretences.

It would mean that women who have a crisis pregnancy would not be restricted in their choices based on their incomes – many women, who wish to access abortion but simply cannot afford to travel to England and pay for this procedure, are forced into becoming parents against their will. Legalising abortion would also protect women from unsafe abortion practices.

Find out more about the FPA campaign for women's rights to abortion in Northern Ireland.