feature image of First Minister Nicola Sturgeon via Shutterstock
I’ll be blunt: the UK’s abortion laws are a disaster, and nowhere worse than in Northern Ireland. Internationally, people generally know that the Republic of Ireland’s abortion laws are terrible, but for the most part their neighbours to the North and West are overlooked. If people don’t forget that the North is still a part of the UK rather than the Republic (which, considering the history involved, is a bizarrely common mistake) they assume that everything is fine. After all, in the United Kingdom abortion is free on the NHS and available up to twenty four weeks — which is around when people stop listening and fail to notice the small print.
The Abortion Act 1967 on medical termination of pregnancy:
(1) Subject to the provisions of this section, a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith—
[F1(a) that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or
(b) that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or
(c) that the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; or
(d) that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.]
Technically, abortion in the UK is actually illegal, with certain medical exemptions. To access abortion on the mainland then you need to convince not one, but two – two! – doctors that you need one. That you really need one. And only with the consent of those two doctors can you move forward and access one. The penalty for accessing abortion outside of those channels is up to life imprisonment. I wish I was joking.
I can’t speak firsthand as to how difficult getting an abortion is in practise, but it seems to vary wildly by doctor and by region. Some doctors have actively obstructed patients access to abortion care for any number of reasons ranging from personal religious belief to apparent ignorance of the law itself to petty moralising. There are also doctors who find this entire thing farcical and consider any person asking for an abortion to be at risk of psychological injury if forced to continue the pregnancy, granting abortions to anyone who applies within the legal limits. Some doctors have even got into legal trouble for pre-signing forms to speed up the process, making it very clear that the law is about forcing women to jump through hoops to access reproductive healthcare and not about anything else. (Incidentally if you too find this obscene and would like to change it there’s a campaign you can involve yourself in here).
But all of this is irrelevant if you live in Northern Ireland, because the 1967 Abortion Act doesn’t apply there. Instead, their devolved parliament chose to keep in place the literal Victorian legislation that predated it, with small updates permitting abortion in cases where the mother’s life was in imminent danger and the fetus not yet viable. More recently, the law has again been updated to allow for abortion in cases where giving birth will cause both serious and long term or permanent harm to the gestational parent. But even if you meet the criteria, you still have to realise that you’re pregnant and navigate your way through the system before you make it to nine weeks, and good luck finding a doctor willing to help you out with that. Northern Ireland is small and extremely religious, and running an abortion clinic there is really quite a lot like doing the same thing in Texas.
So while abortion isn’t technically entirely illegal in Northern Ireland, it may as well be. The unwillingly pregnant have resorted to ordering the abortion pill online and carrying out DIY abortions at home, something which is obviously dangerous and also exactly what every pro-choice organisation told us would happen. So far no one’s been handed that potential life sentence, but prosecutions are still going ahead for patients who get caught.
Of course, because there’s always one rule for the rich and another for everyone else, there is a loophole available for anyone with the money to do it. It’s illegal to procure an abortion outside of official channels while in Northern Ireland, but there’s no law stopping pregnant people from leaving the country and getting one elsewhere. Dozens of Irish women from both sides of the border come to England every year for abortion care. In addition to the time off work and the travel and accommodation costs they also have to pay for the abortion out of pocket, because despite being National Insurance paying citizens the Northern Irish women still aren’t entitled to NHS abortion care on the mainland.
Except maybe not for much longer. Scotland’s First Minister and her cabinet have a history of progressive policies — from trialling basic income to protecting the rights of our unemployed and disabled citizens — and now they’ve turned their attention to the plight of Northern Ireland’s abortion patients. Last week a member of the Green party raised the issue in parliament and, though it was something of a politician’s answer, Nicola Sturgeon’s response was promising:
“I am happy to explore with the NHS what the situation is now in terms of the ability of women from Northern Ireland to access safe and legal abortion in NHS Scotland and whether any improvements can be made.
Like Patrick Harvie, I believe that women should have the right to choose, within the limits that are currently set down in law, and that that right should be defended. When a woman opts to have an abortion – I stress that that is never, ever an easy decision for any woman – the procedure should be available in a safe and legal way”
“I certainly agree that no woman should ever be stigmatised for having an abortion. No woman ever wants to have an abortion; there will be a variety of circumstances in which a woman finds herself in that position, and I absolutely agree that safe abortion is of paramount importance. I also agree that abortion should never be seen in isolation—it is a part of healthcare, and delivering abortion safely is a fundamental part of healthcare.”
This isn’t a guarantee of anything, of course, and even if she does come through and open NHS abortions to Northern Irish patients they’ll still have to find the money to come over here and find ways to explain their sudden absence to family and employers. It’s also disappointing that she’s defending the current laws as they stand and pushing the line that abortion should be, is always, an inherently difficult choice. But to make the sort of changes she’s being asked to make often requires that sort of appeasing language, at least at first, whether or not it’s in line with her own beliefs. Importantly, whether or not this leads directly to expanding abortion services for patients in Northern Ireland, it’s reopened the conversation around abortion rights and services and may provide a launching point for us to push for reform.
Great article! I’m always frustrated when people try to argue abortion is always a difficult decision or never a desired one. I understand it’s meant to be a counter to religious opponents, but it’s also a lie than perpetuates a great deal of stigma and needless personal struggle.
I hope you’ll keep us informed as this develops!
I’d love to do that, so here’s hoping it goes somewhere!
We may be small but I wouldn’t say that we are “extremely” religious, in fact recent polls show that 70% of people here want abortion laws changed. I would say that the main problem we have is the ironically named DUP, who use their veto power to block democracy and override the majority, marriage equality being another example, and who want to be British except when it comes to legislation that would create equality for women and the lgbtq community.
This is just what I was thinking. And this was not what the vetos were meant for.
Also, Nicola Sturgeon saying that people from NI can go to Scotland to access an abortion (which will still be unavailable to poorer women) is like giving homeless people a sleeping bag when they need a home.
Nicola is an awesome First Minister. Name another head of state who would even dream of offering free abortion services to another nation. Soar Alba!
She came to the Pulse vigil too, I can’t imagine any of the other UK heads of state doing that.
Also, I would like to point out that the Scottish National Party supports civic nationalism (not the isolationist racist type) please support the idea of an independent Scotland free from the conservative politics of Westminster
It’s not dozens of Irish women that go to the UK every year for an abortion, it’s thousands! 3,451 in 2015 from the Republic alone https://www.ifpa.ie/Hot-Topics/Abortion/Statistics – usually the figure used is 11 per day. #repealThe8th
If anyone would like to support a charity doing work in this area, Abortion Support Network are always in need of more funding. They provide financial and practical support to women in Northern Ireland and the Republic of Ireland so they can travel to the UK to access safe and legal abortions. https://www.asn.org.uk/
Yes, if you can amend it – it’s approx 11 women a day that travel! That’s around 4,000 per year. Glad to see NI being talked about otherwise, I think it gets dropped out of the abortion debate often.
Has anyone seen the ads the ‘pro-life’ campaign have on utube? They are comparing Repeal the 8th to Slavery and the Holocaust.
I genuinely thought that we were better off here in the UK abortion-law-wise, and that abortion was only illegal in mainland Ireland. I realise how misinformed I’ve been. Thank you, so much, for making more of us so much more aware of this situation. Going to look into ways to act on this, including helping to further spread awareness.
Just a note – the link up there to a campaign doesn’t seem to be working.
Yeah I think most British uterus owners aren’t aware of the actual state of the laws here. I’ve had to tell a surprising number of acquaintances over the years what they really are (I’m so much fun at parties).
You can get at it here (also information about a woman from England prosecuted for self inducing) http://www.telegraph.co.uk/women/life/womens-charities-call-to-end-cruel-abortion-laws-in-the-uk/
As someone who actually has had an abortion through the NHS in England it can be extremely straightforward and easy. I went to my GP who gave me several referral options and helped me pick the best one for me. Then I had a phone consultation (about when I was available, my size, health history etc) and had a small exam when getting my first set of pills. When it says you have to convince two doctors you actually just have to verify that you are certain and want to do it for your own reasons. My two doctors were my GP and my phone consultation. I think abortion law is one of those weird areas where there is far more wiggle room in practice than you’d expect from reading the letter of the law.
Also, I chuffing love Nicola Sturgeon and I really hope that this idea works and helps people get access to the healthcare they need
Its great that you’re experience was so straightforward and easy. You’ll notice I said it varies depending on the doctor and the region, so while some people share your experience other people have to jump backwards through fiery hoops.
I ask this genuinely- I’m not seeking to question the article- but do you know whether the variations in provision in mainland England depend on the region, or whether they just reflect individual partners’ preferences in a GP practice (as Phoebe’s comment below might suggest)? Like GeeAchTee I was surprised reading the article (as regards England, not NI). I’m ashamed to say that I had never realised that it was an issue here, and am wondering if that’s just because I’m from a liberal university town in the South.
Thank you for this Siobhan – there is so much to worry about that I had completely let abortion rights slide of my radar, assuming like many of us that the UK was doing okay on this front. Deeply appreciate this piece and the links to activism. Do please keep us posted (though I promise to make sure I get better informed about this issue.)
Also, the link up there is broken but here’s the eventual destination: http://www.wetrustwomen.org.uk/get-involved.
Firstly – yay for UK writers on Autostraddle! Secondly, I know that none of the doctors at my old doctors surgery(I have moved) would refer women for an abortion, as the partners wouldn’t allow it. As someone who knows that I definitely don’t want kids, and am terrified of being one of those women who don’t know their pregnant until they give birth, this is worrying – luckily its not something I have had to use before. I do know people who instead had to go to family planning clinics to see a doctor, even though the waiting list is longer.