Ministers’ failure to decriminalise abortion in Northern Ireland has created “confusion, fear and inequality” for vulnerable women, a new report has said.
The Commons’ Women and Equalities Committee has told the UK government to set out a six-month timetable for how it will act, after the UN found “grave” and “systematic” breaches of women’s rights last year.
As it stands, abortion remains illegal in the region, even in cases of rape or incest, unless the mother’s life is at risk.
The government, however, has resisted calls from campaigners and MPs to respond to the court rulings on the devolved administration’s behalf.
Stormont, which would ordinarily legislate on health matters in Northern Ireland, has been without a government since power-sharing talks between Sinn Fein and the DUP collapsed two years ago.
But since 2017, there have been numerous developments in abortion law.
A UN committee monitoring women’s rights found multiple human rights law breaches have been taking place. The UK Supreme Court also identified a breach of human rights in relation to cases of fatal foetal abnormality or where the pregnancy has resulted from rape or incest.
Tory MP Maria Miller, who chairs the Commons committee, said ministers must lay out a six-month timetable on how they would act as she paid tribute to people from Northern Ireland who gave evidence.
“These included doctors, nurses and midwives, lawyers, ministers and officials, organisations representing a range of views, and women who spoke to us about their own experiences,” she said.
“The lack of clarity about the current legal situation is creating confusion, fear and inequality. Our report sets out action which the government must take to address this.”
Individual victims, such as those who have suffered rape or incest, should not be forced to take their case to court, Miller added.
“The situation of a woman or girl who became pregnant as a result of rape or incest having to pursue a court case highlights precisely why it should not depend on an individual victim to take a case to court,” she said. “This must be rectified urgently.”
Sarah Ewart, a woman forced to travel to England for an abortion after being told her pregnancy had a fatal foetal diagnosis, has taken her case to Belfast High Court. A judgment has not yet been made.
She said: “Northern Ireland’s archaic abortion laws have left women like me suffering for far too long. The UK government has turned a blind eye and ignored the hurt caused to me and others in my circumstances.
“I hope the recommendations signal a turning point and finally brings an end to the harm caused.”
“The UK government cannot remain complicit in the harm caused by the existing abortion regime – the time for change is now.”
- Amnesty International
The report also recommended that the Government Equalities Office should publish its legal advice on the scheme funding women and girls from Northern Ireland to access abortions in England.
It also stated that the Department of Health for Northern Ireland should reissue guidance for healthcare professionals making it clear that referring patients to the funded scheme is not unlawful.
Miller added: “We heard of doctors facing a potential conflict between their duty of care to their patients and the law, and between their duty of confidentiality and the law.
“They still have not been given guidance on referring women to the UK government-funded scheme providing free abortions in England - which started in 2017. This must be published immediately.”
Speaking to HuffPost, MP Stella Creasy claimed the government was trying to “hide behind devolution” because “they want to please the DUP”.
“It’s time to end this injustice,” she said, adding: “It’s time for every woman in Northern Ireland to be treated with respect – not just Arlene Foster.”
Grainne Teggart, Amnesty International’s Northern Ireland campaign manager, said the report was a “welcome and urgent intervention”.
She said: “Devolution does not relieve the UK government of their obligation to protect and promote the rights of women in Northern Ireland.
“Inaction is no longer an option. The UK government cannot remain complicit in the harm caused by the existing abortion regime – the time for change is now.”