Abortion Law: Guidance Published For Healthcare Professionals

The Government has published guidelines for medical professionals in Northern Ireland ahead of potential abortion law reforms.

Legislation passed in July obliged the UK Government to relax the strict local abortion laws if power sharing at Stormont is not restored by 21 October. In such an event, Government will set out to introduce new regulations that provide greater access and decriminalise abortion services by next April.

The new guidelines therefore cover the period from 22 October to 31 March 2020.

A key point from the document is confirmation that no criminal charges can be brought against those who have an abortion, or against healthcare professionals who provide or assist in such procedures.

Women in Northern Ireland will have access to funded terminations in England, with arrangements in place under the existing travel scheme, regardless of income.

At present, local women can only access an abortion if their life is at risk, or if a risk to serious mental or physical damage is present.

In the interim period, abortions in cases of fatal foetal abnormality will be allowed, while considerations have also been given to conscientious objections for medical professionals.

In England and Wales, the Courts have found that the scope of conscientious objection in relation to abortion is limited to participating in a 'hands-on' capacity in the course of medical treatment, which includes bringing about the termination of the pregnancy and does not include the ancillary, administrative and managerial tasks that may be associated.

Between 22 October and April 2020, anyone who has a conscientious objection to abortion may want to raise this with their employer, the guidance has advised. If they see a patient considering a termination, they should follow guidance from their professional body.

Legislation regarding the purchase of abortion medication online is not affected by these changes.

"Under medicine legislation, abortion pills are prescription only medicines, the sale and supply of which is unlawful without a prescription," the document states.

"Women who may require medical help following use of medical abortion pills bought on the internet will be able to seek medical assistance as needed within Northern Ireland.

"With the repeal of sections 58 and 59 of the Offences Against the Person Act 1861, there will be no offence to consider reporting. Health professionals will not be under any duty to report an offence."

The publication of abortion guidelines comes in the wake of a High Court ruling that Northern Ireland's abortion laws breach the UK's human rights commitments.

The NI (Executive Formation etc) Act 2019 also requires the UK Government to extend same sex marriage and opposite sex civil partnerships to Northern Ireland by 13 January 2020, and introduce a victims pension by the end of January, to be in force by the end of May 2020.