North’s Justice Minister launches consultation on abortion

Paper recommends termination should be permitted in cases of lethal foetal abnormality

The North's Justice Minister David Ford has launched a period of consultation that could see abortion permitted in Northern Ireland in cases of lethal foetal abnormality and in instances of rape and incest.

Mr Ford has published a consultation paper which recommends that in cases such as anencephaly, where babies are stillborn or usually die within a few hours or days of birth, abortion can be allowed. Anencephaly is where there is an absence of a major part of the brain, skull and scalp in the foetus.

The paper makes no recommendation in relation to abortion in cases of sexual crime but asks people over the next 90 days to give their opinions on the matter.

“On lethal foetal abnormality, the paper recommends a proposal to allow clinical judgment to determine when a foetal condition is incompatible with life, meaning that no treatment will be offered after birth, as it is deemed impossible to improve the chances of survival,” said Mr Ford.

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“This would enable a woman to decide at the point when such a judgment is made, usually at the 20 week scan, whether or not she wanted to continue with the pregnancy,” he added.

“The second circumstance on which we want to hear views is to provide women, who have become pregnant as a result of a sexual crime, with a choice of terminating such a pregnancy,” said the Minister and Alliance party leader.

Mr Ford said in recent years "some very sad personal stories" have been heard of difficult pregnancies where the current law in Northern Ireland did not allow for abortion. He was referring to the case last year of a Northern Ireland woman, Sarah Ewart who went public to say she was pregnant with a baby with anencephaly. She was told that under Northern Ireland law she could not have an abortion in the North. She chose to travel to England for an abortion.

“I consider now is the right time to look at the criminal law to consider whether it should be lawful to have an abortion in circumstances where there is no prospect of the foetus being delivered and having a viable life,” said Mr Ford.

“Pregnancies which result from sexual crime, such as rape or incest, will also be considered under the consultation,” he added.

Said Mr Ford, “This is a very emotive area and I want to clearly state that this consultation paper in no way represents proposals for abortion on demand. It is not about the wider issues of abortion law, often labelled ‘pro-life’ and ‘pro-choice’. It is about considering legislative changes in two specific sets of circumstances.”

The paper allows for medical conscientious objection to abortion except in cases where termination is required to save the life of the mother.

The 1967 British abortion Act does not apply in the North where each year about 40 legal abortions take place. Termination is permitted in the North where it is "necessary to preserve the life of the woman or there is a risk of real and serious adverse effect on her physical or mental health, which is either long-term or permanent".

More than 1,000 women from Northern Ireland travel abroad each year for abortion.

Gerry Moriarty

Gerry Moriarty

Gerry Moriarty is the former Northern editor of The Irish Times