‘Guidance on the Termination of Pregnancy; the Law and Clinical Practice in Northern Ireland’ has been issued by the Department of Health, Social Services and Public Safety (DHSSPS). The guidance aims to clarify the circumstances in which a termination of pregnancy is legal in Northern Ireland.
The Department is required to issue guidance on termination of pregnancy following a Judicial Review instigated by the Family Planning Association in November 2004. Last January, draft guidance was issued for a three month consultation to health professionals and other interested organizations.
A spokesperson for the DHSSPS said: “The Department is required to produce guidance on the termination of pregnancy in Northern Ireland. It is important to note that his guidance does not and cannot change the current law on abortion in Northern Ireland. This guidance simply restates the legal position in Northern Ireland.
“The Abortion Act 1967 does not extend to Northern Ireland and the grounds on which abortions may be carried out here are more restricted than those in Great Britain. In Northern Ireland it is only lawful to perform a termination of pregnancy where there is a threat to the life of the woman, or a risk of real and serious harm to her long-term or permanent health (physical or mental).
“Health professionals involved in this area of work have told us they are uncertain about the law in relation to abortion and this guidance offers clinical advice and good practice advice to help them make informed decisions and take appropriate action. It is intended that, following consultation, the finalized guidance will be published in early October 2008.”
The consultation starts today and will run for 10 weeks. Letters will be issued to all MLAs, members of the Health Committee and key stakeholders to advise them of the consultation and to offer the opportunity to discuss the guidance with Departmental officials.
The spokesperson continued: “Since the earlier three-month consultation ended in April last, a working group has revised the guidance in light of comments received from a range of stakeholders and health professionals.
“While this public consultation is just short of the normal 12-week consultation period, the Department will be making every effort to meet with, and discuss the draft guidance with interested organisations or individuals. We will also be taking the guidance to the Health Committee to allow them to discuss any issues or concerns before the final guidance is published.”
Notes to Editors:
1. The guidance is available on the Department’s website at: http://www.dhsspsni.gov.uk/index/consultations/current_consultations.htm
2. Questions and Answers:
Q. Why is the Department issuing this guidance?
A. The Family Planning Association for Northern Ireland (fpa) instigated a Judicial Review which sought to require the Department to give guidance about the circumstances where abortion may be obtained in Northern Ireland and to investigate the difficulties in obtaining services for the termination of pregnancy. On 26 November 2004 the Court of Appeal Order asked the Department to consider what steps it should take to:
· Inquire into the adequacy of termination of pregnancy services provided in Northern Ireland (including aftercare); and
· Following such inquiry, and after appropriate consultation with concerned organisations, issuing appropriate guidance.
Q. What happened after the Court of Appeal Order?
A. The Department of Health and Social Services and Public Safety set up a Working Group with representatives from a wide range of professional and specialty backgrounds including nursing and midwifery, obstetrics and gynaecology, public health, psychiatry, clinical genetics, Family Planning doctors and General Practitioners to develop guidance on abortion in Northern Ireland.
The working group developed questionnaires for consultant obstetricians, midwives, GPs and Health and Social Services Trust Chief Executives in Northern Ireland to establish the level and extent of abortion services (including aftercare) available here and to capture views on what they felt should be included in guidance. Feedback from the questionnaires has been used to inform the guidance.
Q. What is the current position with regards to abortion in Northern Ireland?
A. The Abortion Act 1967 does not extend to Northern Ireland and the grounds on which abortions may be carried out in Northern Ireland are more restricted than those in Great Britain. Abortion law in Northern Ireland is contained in the Offences Against the Person Act 1861, the Criminal Justice Act (Northern Ireland) 1945, the Bourne Judgement case law (1939) and the common law.
Under the law of Northern Ireland, abortion is permitted here where it is necessary to save the life of the woman or where continuation of the pregnancy would involve risk of serious and long-term injury to her physical or mental health. The lawfulness of any proposed termination depends on the clinical judgment of the medical practitioner who is to carry out the termination.
There are no plans to extend the Abortion Act 1967 to Northern Ireland.
Health professionals have informed us that they are uncertain about the law in relation to Abortion. It is important that doctors, nurses, GPs, midwives and other health professionals working in this area have the appropriate guidance to help them make informed decisions and take appropriate action.
3. Media enquiries to the DHSSPS press office on 028 9052 0575. Out of hours please contact the Duty Press Officer via pager number 076 9971 5440 and your call will be returned.
