JOANNA GREGG, Sexual Health Forum member from Northern Ireland, reports on the situation regarding abortion and sexual offences in the province.

New abortion guidelines for NI due in autumn

The current 1967 Abortion Act does not apply to Northern Ireland. Instead, the 1945 Criminal Justice Act NI states that the abortion of a child capable of being born alive is permissible only where the mother’s life would otherwise be at risk. That makes it exceptionally difficult for women to have an abortion on the NHS.

The Family Planning Association in NI initiated a judicial review against the Department of Health, Social Services and Public Safety (DHSSPS) in 2001, on the basis that it was failing to ensure that all women had equal access to reproductive health care services. In 2003 the courts decreed that abortion is legal in NI in certain circumstances:*

  • The continuation of the pregnancy threatens the life of the mother or would adversely affect her mental or physical health.
  • The adverse effect on her mental or physical health must be permanent or long term.
  • In most cases, risk of the adverse effect occurring would need to be a probability, but the possibility might be regarded as sufficient if the imminent death of the mother was the potential adverse effect.

However the judge ruled that DHSSPS had not failed in its statutory duties with regard to women accessing abortion services. The fpa appealed this decision and in 2005 the decision was overturned by the Court of Appeal.

The DHSSPS was ordered by the court to carry out an investigation into the provision of abortion services and issue guidelines if appropriate. The fpa has now been informed by the DHSSPS that these guidelines will be issued at the beginning of October.

Sexual Offences Order 2008

On 30 June, the House of Lords passed the Sexual Offences (Northern Ireland) Order 2008 which will consolidate sexual offences law into one legal statute which will modernise, strengthen and harmonise the body of offences and penalties between NI and the rest of the UK.

This legislation will effectively bring NI into line with the other three countries in terms of the law relating to when young people are deemed able to consent to sexual activity. Specifically, the age of consent will be reduced from 17 to 16 years old. It will also introduce new offences of sexual abuse against children under 13.

Over the coming months, the NI Office will draw up guidance for social services and the courts about how to interpret the law when dealing with sexual offences against children as well as other aspects of the legislation about rape, sexual abuse against persons with a mental disorder and prostitution.

Meanwhile, the age of consent will remain at 17 until the law is brought into force – not until late December or early January 2009.

* Taken from Abortion in Northern Ireland – questions and answers at www.fpa.org.uk