Westminster urged to step in on NI abortion provision

Author: Tara MclaughlinPublished 29th Jan 2021

There are calls for the Secretary of State to intervene over abortion services in Northern Ireland.

Terminations were legalised after Westminster legislation but there is currently no province-wide abortion service commissioned by the Department of Health.

Health trusts have set up temporary early medical abortion services but there is currently no funding or guidance.

In a statement the Department of Health said: "The Abortion (Northern Ireland) (No 2) Regulations 2020 provided a new legal basis for medical professionals in Northern Ireland to terminate pregnancies lawfully.

"Under the Regulations the Department is not required to commission the relevant services, however the Department has advised Trusts that the Regulations require such terminations to be carried out on Health and Social Care premises. Early Medical Abortion (EMA) pathways were put in place by Trusts starting from April 2020 in line with their statutory duties and functions to provide medical care and treatment in accordance with the needs of patients and subject to the law, however the service provided by the South Eastern Trust has been temporarily paused since early January.

"Under the Ministerial Code any matter which is significant or controversial and clearly outside the scope of the Programme for Government must be brought to the Executive for consideration.

"As proposals brought forward by the Health Minister in line with these criteria for an Early Medical Abortion service remain under consideration by the Executive, it is not possible at present to give a timescale for the introduction of a fully commissioned abortion service."

The Northern Ireland Human Rights Commission launched legal action over the issue, while Alliance MLA Stephen Farry is calling for Westminster to step in.

Last week Northern Ireland minister Robin Walker told the House of Commons that he would "consider further legislative action'' if services are not commissioned.

Now, Karin Smyth, shadow Northern Ireland minister, has written to the Secretary of State Brandon Lewis demanding that the Government takes urgent action.

Ms Smyth said women and girls in Northern Ireland are being "denied their legal rights.''

"Abortion services have not been commissioned or funded in Northern Ireland. Nor has any guidance to health and social care trusts on the provision of abortion services been issued,'' she wrote in her letter to Mr Lewis.

"This is leaving vulnerable women and girls to use unsafe, unregulated services or travel to high-risk areas in the middle of this pandemic.

"This is cruel and everyday that passes denies women and girls a safe, local service.

"Safe, legal abortions are the law of the land and these women and girls must have their rights upheld. I welcome the commitment of the minister, Robin Walker, to consider legislative action and that he stands ready to act.

"But I would stress that the situation is urgent, there is no reason to delay. We have a legal, and moral duty to act now and Labour will do all we can to support.''

A near blanket ban on terminations in the region ended in 2019 when MPs intervened and voted through a law change.

Although the Stormont Assembly backed a motion that rejected the "imposition'' of the new laws on the region, it had no impact on the legal status of the regulations and the guidelines that provide the legal framework for the provision of abortion services approved.

A UK Government spokesperson said: "The health and safety of women and girls remains paramount in accessing abortion services.

"While we note some services are available locally, we remain disappointed that the Northern Ireland Executive and Department of Health have not acted to ensure they deliver on these rights following the earlier change to the law.

"We are continuing to monitor the situation closely, including considering further legislative action at Westminster.

"The Secretary of State takes his moral and legal obligations in this regard very seriously, and is committed to ensuring his duties are complied with in full at the earliest opportunity.''

But Pro life groups are calling for all health staff to refuse to provide any early medical abortion services.

Liam Gibson is from the Society for the Protection of Unborn Children:

"Obstetricians, midwives, nurses and doctors they all have an obligation to do no harm, it's the first rule of medicine do no harm to any of their patients either born or unborn.

"They have a right under the European Convention of Human Rights article nine protects conscience so they have a legal right to refuse involvement in abortion."