Northern Ireland

Stormont officials seeking legal advice on abortion referrals to Britain

Grainne Teggart of Amnesty Intrenational
Grainne Teggart of Amnesty Intrenational Grainne Teggart of Amnesty Intrenational

STORMONT officials are seeking legal advice on guidance for health workers following the British government's decision to allow Northern Ireland women free abortions in England.

Women in the north have been able to access NHS abortion services in England since June, while a similar change was introduced in Scotland in November.

The north's Department of Health (DoH) has previously brushed off calls to update guidance on what healthcare staff are allowed to tell women asking about abortions in Britain.

However, the department has now confirmed it is seeking legal advice.

Last year the director of public prosecutions (DPP) said there is "no risk of criminal prosecution" for health workers who refer women for abortions in Britain, and that any objections are a policy matter for the DoH.

But DoH's 2016 guidance says that while it is "not unlawful" to inform women about abortion services in other jurisdictions, "whether it is lawful to 'promote or advocate' the use of these services has not been considered by the Northern Ireland courts".

DoH permanent secretary Richard Pengelly last year said the "law on abortion in Northern Ireland has not changed" and the department's 2016 guidance "remains current".

But in a subsequent letter to Grainne Teggart, Amnesty International campaigns manager in Northern Ireland, the department has confirmed it is "seeking legal advice on this matter".

Ms Teggart called on civil servants to change the guidance.

"Guidance must be revised to clearly outline how healthcare professionals can lawfully assist women and girls in taking advantage of the provision of free termination services in England."

She questioned "why the guidance refers to 'advocating and promoting' abortions lawful in other jurisdictions".

"There is no basis for this in law in Northern Ireland which begs the question why it is in there.

"This is all the more important at a time when it has been left to abortion providers in England to look after women from Northern Ireland because devolved government has failed.

"The very least our Department of Health can do is facilitate that access through guidance for the medical profession."

In Northern Ireland, abortion is only permitted if the mother's life is at risk or there is a permanent or serious risk to her mental or physical health.

New DoH figures show 13 terminations of pregnancy were carried out in the north's hospitals during 2016/17, three fewer than the previous year.

Meanwhile, the Northern Ireland Office (NIO) yesterday dismissed speculation over advertising for a senior official to look at abortion and same-sex marriage.

The NIO is recruiting three senior policy advisers in the areas of 'rights and equality', 'elections policy' and 'legacy casework'.

The internal ad, obtained by the News Letter, says the equality role would involve "driving forward the government's approach to issues around equal marriage, abortion and human rights in the context of EU exit".

The move fuelled speculation of British government preparations for direct rule if Stormont power-sharing talks fail.

The NIO insisted these are "not newly created posts", although it refused to say how long they have existed.

A spokeswoman said the British government has "no plans to intervene in these areas of devolved competence".