CNA Staff, Mar 26, 2020 / 01:01 pm (CNA).- The British government has published its legal framework for abortion services in Northern Ireland, which will come into force March 31. It allows for elective abortions up to 12 weeks of pregnancy.
“Our guiding principles for this framework are to uphold the protection of women and girls, the promotion of their health and safety, and the provision of clarity and certainty for the healthcare profession, while being responsive and sensitive to the Northern Ireland Executive and Assembly being back up and running,” read a foreward to the framework written by Robin Walker, Minister of State for Northern Ireland.
The Abortion (Northern Ireland) Regulations 2020 also allow abortions up to 24 weeks “in cases where the continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant woman or girl, greater than the risk of terminating the pregnancy.”
Abortion access will be permitted with no time limit in cases of severe fetal impairment and fatal fetal abnormalities, i.e. when “there is a substantial risk that the condition of the fetus is such that the death of the fetus is likely before, during or shortly after birth; or if the child were born, it would suffer from such physical or mental impairment as to be seriously disabled,” and when “there is a risk to the life of the woman or girl, greater than if the pregnancy were terminated, or where necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman or girl, including in cases of immediate necessity.”
Doctors, registered nurses, and registered midwives will be allowed to perform abortions. They will be able to do so at General Practitioners premises, and Health and Social Care clinics and hospitals. The Northern Ireland Health Minister will be able to approve further locations for medical abortions.
In elective abortions or in cases of immediate necessity where there is a risk to the life of the mother, only one medical professional is needed to certify that there are lawful grounds for abortion. For abortion on other grounds, two medical professionals must make the certification.
In England, Wales, and Scotland, two medical professionals must certify in all cases that there were lawful grounds for abortion. While consulting on the framework, the government noted that only one doctor’s certification might be appropriate in Northern Ireland, “as it is likely that there will be a more significant number of people raising conscientious objections than in other parts of the UK. This could create practical difficulties, in particular delays in women accessing termination services, if two medical professionals … are required to certify the grounds for an abortion.”
Northern Ireland’s conscientious objection provisions will mirror those of the Abortion Act 1967, which legalized abortion in England, Wales, and Scotland. Under the provisions, “no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by the Regulations to which the person has a conscientious objection. The only exception will be where the participation in treatment is necessary to save the life or to prevent grave permanent injury to the physical or mental health of a pregnant woman or girl.”
Conscientious objection will not be extended to “ancillary, administrative and managerial tasks that might be associated” with abortions.
The government wrote that “broadening the scope ‘beyond the participation in treatment’ would have consequences on a practical level and would therefore undermine the effective provision of abortion services in Northern Ireland. For example, fewer people providing ancillary services in relation to abortion could result in fewer appointments and longer waiting times, creating de facto barriers to access, and almost certainly adversely impacting the quality of care and standard of services. The Government is satisfied that the current scope of the conscientious objection provision in the Abortion Act 1967 works satisfactorily in practice, is human rights compliant, and is therefore appropriate to apply in Northern Ireland to the provision of abortion services.
Performing an illegal abortion will be a criminal offense punishable with a fine of up to GBP 5,000 ($6,070), and intentional failure to comply with certification and notification will be punishable with a fine of up to GBP 2,500 ($3,035). These will not apply to the mother, or anyone acting in good faith to save the mother’s life or to prevent grave permanent injurty to her health.
Buffer zones will not be set up around locations where abortions are procured, barring protest in the locations’ immediate vicinity. The government has decided to wait and see what the situation will be, keeping the matter under review so it can “respond to any challenges as needed at the time.”
The new framework was adopted to implement to the Northern Ireland (Executive Formation etc) Act 2019, which decriminalized abortion in Northern Ireland and placed a moratorium on abortion-related criminal prosecutions, and obliged the UK government to create legal access to abortion in the region by March 31.
It was passed while the Northern Ireland Assembly was suspended, though the legislature resumed meeting in January.
Prior to the NI EF Act abortion was legally permitted in the region only if the mother’s life was at risk or if there was risk of long term or permanent, serious damage to her mental or physical health.
Walker wrote in his foreword that despite the restoration of the Northern Ireland Assembly, “the Government remains under a legal duty under section 9 of NI EF Act, and that the government “understands the strength of feeling on this issue and we have always been clear that the best way of bringing forward reform in this area would have been for the Executive and Assembly to take this forward, in the best interests of Northern Ireland.”
The framework was adopted following a consultation in November and December 2019 which asked 15 questions regarding particularities of how legal abortion provision should be made in Northern Ireland. The consultation was based on a proposed framework.
More than 21,200 responses to the consultation were received. Of the responses, 79% “expressed a view registering their general opposition to any abortion provision in Northern Ireland beyond that which is currently permitted.”
“The Government appreciates the wide range of consultation responses received and we are extremely thankful to all individuals and organisations who took the time to respond,” Walker wrote. “We also recognise that there are a wide range views on these sensitive policy issues, which we have carefully considered and sought to ensure are appropriately reflected in the Government’s response to the consultation.”
He said that “in considering the consultation responses, we have sought to balance the range of views against our legal obligations, and taken pragmatic decisions informed by evidence, in order to bring forward a new legislative framework that will be operationally sound, that works best for Northern Ireland and that delivers on the Government’s duty.”
The government said it “particularly reflected” on the consultations provided by “respondents with experience or expertise in terms of operational workability and proper access to services on the ground in Northern Ireland.”
The adopted framework closely mirrors the proposed framework.
The 12 week limit for elective abortions was adopted “to allow access for victims of sexual crime (i.e. rape and incest)” and because, the government said, “introducing a framework which creates barriers to access is unlikely to reduce the rate of terminations, but would rather be likely to lead to women buying abortion pills online, unlawfully, with attendant health risks, rather than accessing safe services.”
Many of the provisions were adopted to be in line with existing law in England, Wales, and Scotland.
Carla Lockhart, a newly-elected MP for a Northern Irish constituency who is a member of the Democratic Unionist Party, said the adopted framework “ignores the devolution settlement and the overwhelming viewpoint of the Northern Ireland people.”
Northern Ireland rejected the Abortion Act 1967, and bills to legalize abortion in cases of fatal fetal abnormality, rape, or incest failed in the Northern Ireland Assembly in 2016.
The amendment to the NI EF Act obliging the government to provide for legal abortion in Northern Ireland was introduced by Stella Creasy, a Labour MP who represents a London constituency.
In October 2019, the High Court in Belfast had ruled that the region’s ban on the abortion of unborn children with fatal abnormalities violated the UK’s human rights commitments.
Northern Irish women have been able to procure free National Health Service abortions in England, Scotland, and Wales since November 2017.
[…]
Be with us O Mary along the way – Guide every step we take.
Pray to God Almighty, in the name of Jesus Christ! Not Mary, that is an abomination to God. Folks, do what’s written in the Bible, not what the leader of a corrupted religion says.
God came to us through Mary, do you not think he would listen to those who come to HIM through her also? She only leads to Jesus.
May I suggest that you read Brent Pitre’s book Jesus and the Jewish Roots of Mary? Then when you understand the role of the Queen Mother in the Old Testament you will understand why we ask Our Lady to intercede for us.
Eve,
We believe in the Communion of Saints. Perhaps you do too?
If I ask you to pray for our protection against this virus it’s not an abomination. Nor if you ask me or if we ask that of Our Lord’s Mother.
I understand how it might seem confusing if you’re not Catholic but maybe this helps explain a little bit.
Can doctrine be an acceptable alternative to scriptural guidance? People can find comfort in tradition, yet is the apostolic tradition not the best for our eternal souls?
This has been a debate over the generations and if we depart from scripture, what will validate an alternative view? To endorse the perspective that (Mary may her name be blessed) is given a capacity that falls outside of the limits of the Bible, may not be paying proper obeisance to our Lord and saviour!?
The purpose is not to destroy another’s faith, rather, to put matters into the context of Holy Writ. Where do we find the Church doctrinal position confirmed in the Bible?
1 Peter 1:10-12 Concerning this salvation, the prophets who prophesied about the grace that was to be yours searched and inquired carefully, inquiring what person or time the Spirit of Christ in them was indicating when he predicted the sufferings of Christ and the subsequent glories. It was revealed to them that they were serving not themselves but you, in the things that have now been announced to you through those who preached the good news to you by the Holy Spirit sent from heaven, things into which angels long to look.
1 Corinthians 2:5 That your faith might not rest in the wisdom of men but in the power of God.
Romans 11:33 Oh, the depth of the riches and wisdom and knowledge of God! How unsearchable are his judgments and how inscrutable his ways!
With respect and appreciation.
I (and others) have addressed this several times already, Brian. You write: “and if we depart from scripture, what will validate an alternative view?” But when you accept the NT canon, you “depart” from Scripture, as Scripture does not tell us which books belong in, well, Scripture! But, Scripture does point us to “the household of God, which is the church of the living God, the pillar and bulwark of the truth” (1 Tim 3:15). Now, we know that this household of God, the Church, is not Protestant, as the Protestant Revolution took place in the 1500s. It’s not complicated. But it is life-changing, so I understand why you keep avoiding it.
Dear Carl:
After a fulsome day of celebrating the Lord, who turns up but your problem child? As we dialogue, our focus is to honour the Lord and clear up misunderstandings which are part and parcel of life.
“But when you accept the NT canon, you “depart” from Scripture, as Scripture does not tell us which books belong in, well, Scripture!”
Is the NT not the fulfillment of the OT? It is a well settled fact through the various councils, the NT is divinely inspired!
We will not look at the Apocrypha as Jerome didn’t consider it part of the canon, however others differed and it found its way in. Yet, did I read somewhere that it is not included in the updated Vulgate?
John 14:26 But the Helper, the Holy Spirit, whom the Father will send in my name, he will teach you all things and bring to your remembrance all that I have said to you.
1 Corinthians 2:10-13 these things God has revealed to us through the Spirit. For the Spirit searches everything, even the depths of God. For who knows a person’s thoughts except the spirit of that person, which is in him? So also no one comprehends the thoughts of God except the Spirit of God. Now we have received not the spirit of the world, but the Spirit who is from God, that we might understand the things freely given us by God. And we impart this in words not taught by human wisdom but taught by the Spirit, interpreting spiritual truths to those who are spiritual.
In any event, what is the scriptural basis on which the churches position is envisioned and extrapolated?
Once again thank you for taking the time, you bring out the best in yours truly (as meagre as it may be)!
Continued blessings,
Brian
1 Corinthians 2:10-13 these things God has revealed to us through the Spirit. For the Spirit searches everything, even the depths of God. For who knows a person’s thoughts except the spirit of that person, which is in him? So also no one comprehends the thoughts of God except the Spirit of God. Now we have received not the spirit of the world, but the Spirit who is from God, that we might understand the things freely given us by God. And we impart this in words not taught by human wisdom but taught by the Spirit, interpreting spiritual truths to those who are spiritual.
John 14:26 But the Helper, the Holy Spirit, whom the Father will send in my name, he will teach you all things and bring to your remembrance all that I have said to you.
“After a fulsome day of celebrating the Lord, who turns up but your problem child?”
Ha! I appreciate your sense of humor, Brian.
“Is the NT not the fulfillment of the OT?”
Yes, absolutely! We agree on this. But–on what basis do you accept the 27 books in the NT as inspired by Holy Spirit, etc.?
“It is a well settled fact through the various councils, the NT is divinely inspired!”
Ah, there you go. And were those councils Protestant?
Hello Carl:
God has given you energy in abundance. In reading your articles, He has also given you a quest for truth and the desire to educate.
Never the less, your alter ego presents itself as you deliver zingers to recalcitrant commenters on various topics. Yes indeed, it’s the “Papal Bull” in this corner, ladies and gentleman.
As you don your cape and step into the ring to address your challenging characters, a win for the Lord is the goal.
We can agree on a great deal as God leads us. The wonder of His love for us!
We know that Luther and Calvin didn’t show up at the councils, however we can postulate that some of their views may have been discussed long before they were born!
The New Vulgate and the versions used amongst protestant believers are much the same. Koine Greek is used to render the most accurate translation in both cases (NIV, Vulgate, etc)!
God bless you,
Brian
2 Timothy 3:16 All Scripture is breathed out by God and profitable for teaching, for reproof, for correction, and for training in righteousness,
Romans 15:4 For whatever was written in former days was written for our instruction, that through endurance and through the encouragement of the Scriptures we might have hope.
Hebrews 4:12 For the word of God is living and active, sharper than any two-edged sword, piercing to the division of soul and of spirit, of joints and of marrow, and discerning the thoughts and intentions of the heart.
2 Peter 1:19-21 And we have something more sure, the prophetic word, to which you will do well to pay attention as to a lamp shining in a dark place, until the day dawns and the morning star rises in your hearts, knowing this first of all, that no prophecy of Scripture comes from someone’s own interpretation. For no prophecy was ever produced by the will of man, but men spoke from God as they were carried along by the Holy Spirit.
Mark 12:24 Jesus said to them, “Is this not the reason you are wrong, because you know neither the Scriptures nor the power of God?
Psalm 19:7-11 The law of the Lord is perfect, reviving the soul; the testimony of the Lord is sure, making wise the simple; the precepts of the Lord are right, rejoicing the heart; the commandment of the Lord is pure, enlightening the eyes; the fear of the Lord is clean, enduring forever; the rules of the Lord are true, and righteous altogether. More to be desired are they than gold, even much fine gold; sweeter also than honey and drippings of the honeycomb. Moreover, by them is your servant warned; in keeping them there is great reward.