Consultation briefing, the “Criminal law on abortion in Northern Ireland” (Updated February 2016)

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BRIEFING 2016

ABORTION IN NORTHERN IRELAND Amendments to Justice (No.2) Bill February 2016 on ‘fatal foetal abnormality, rape, incest and sexual crime.’ KEY POINTS: •

The law on abortion in Northern Ireland is unique and very different to abortion laws in Great Britain and the rest of Western Europe.

Abortion in Northern Ireland is permitted only where the continuance of the pregnancy threatens the life of the woman, or would adversely affect her physical or mental health in a manner that is real and serious and permanent or long term.

We celebrate this distinctive law in Northern Ireland which attempts to strike a delicate balance between protecting the life and wellbeing of the mother and her unborn child.

The cases of life-limiting conditions and pregnancy resulting from sexual crime are incredibly complex and emotive. In this highly sensitive and polarised space we advocate for the life and dignity of each woman and unborn child. We refuse to be drawn into a false dichotomy which pits a woman’s rights against those of her child. We seek the flourishing, life and wellbeing of each woman, her family, unborn child and the wider community. We reflect this in our language, policy and practice.

It is important to give context to the background to these proposed amendments. In early 2014 the Department of Justice (DOJ) consulted on changing the law on changing the law around ‘lethal foetal abnormality and sexual crime.’ During this consultation the Northern Ireland Human Rights Commission (NIHRC) launched a legal case against the Department of Justice because they believed the law on Northern Ireland was incompatible with the European Convention on Human Rights (ECHR). Following the consultation the DOJ recommended a change in the law to allow abortion in case of ‘lethal foetal abnormality’ but not sexual crime however no legislation was brought forward. In November 2015, Justice Horner delivered his opinion in the NIHRC case. He ruled that the law in Northern Ireland was ‘incompatible’ with the ECHR regarding abortion relating to ‘fatal foetal abnormality and sexual crime’. Last month the Attorney General NI and the Department of Justice both decided to appeal this decision. These proposed amendments come unexpectedly and confuse an already complex ongoing legal situation.

The proposed amendments to the Justice Bill are being brought by Stewart Dickson, Trevor Lunn and Anna Lo from the Alliance Party, Basil McCrea from NI21 and Stephen Agnew from the Green Party. The amendments, if accepted, would essentially change the law to allow abortion in Northern Ireland on the grounds of lethal foetal abnormality and sexual crime and introduce a statutory conscientious objection clause.

We do not support a change in the law on abortion. Rather we seek to work with others to change the culture around pregnancy crisis care.

Practically we are calling on the DHSSPSNI to issue guidelines for medical professionals and to offer a comprehensive and tailored pathway of care to each woman who is facing a pregnancy crisis. Woman, baby and family require a co-ordinated multi-disciplinary team approach from medical practitioners, counsellors, social workers, financial/benefits advisors, chaplaincy care etc.

We are seeking to shift the narrative from death to life; from abortion to the affirmation of life found in adoption, perinatal hospice care and relational support services.


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Consultation briefing, the “Criminal law on abortion in Northern Ireland” (Updated February 2016) by Evangelical Alliance - Issuu