Editing Abortion in the United Kingdom (section)

==Northern Ireland==
===Statute law before 2019===
Before significant changes in 2019, there were two main laws on abortion in Northern Ireland:
*the '''[[Offences Against the Person Act 1861]]''' (sections 58 and 59) prohibited attempts to cause a miscarriage;<ref name=1861act />
*the '''[[Criminal Justice Act (Northern Ireland) 1945]]''' (sections 25 and 26)<ref name=1945act-ni>{{OGL-attribution|version=3.0|{{cite web |title=Criminal Justice Act (Northern Ireland) 1945 |url=https://www.legislation.gov.uk/apni/1945/15  |website=www.legislation.gov.uk |publisher=National Archives |access-date=15 August 2022}}}}</ref> provided an exception for acting "in good faith for the purpose only of preserving the life of the mother" and also created the offence of child destruction i.e. to cause a child to die "before it has an existence independent of its mother".

===Case law before 2019===
Between 1993 and 1999, a series of court cases had interpreted the law as also allowing for abortion in cases where, for the pregnant woman, "there is a risk of real and serious adverse effect on her physical or mental health, which is either long term or permanent".<ref>{{cite web |title=Guidance for HSC professionals on termination of pregnancy in Northern Ireland |url=https://www.health-ni.gov.uk/sites/default/files/publications/dhssps/guidance-termination-pregnancy.pdf |website=www.health-ni.gov.uk |publisher=Department of Health (Northern Ireland) |access-date=2 August 2019 |pages=36–37 |date=24 March 2016 |archive-date=6 August 2019 |archive-url=https://web.archive.org/web/20190806071508/https://www.health-ni.gov.uk/sites/default/files/publications/dhssps/guidance-termination-pregnancy.pdf |url-status=dead }}</ref><ref>''R v Bourne'' [1939] 1 KB 687</ref><ref>''[http://www.courtsni.gov.uk/en-gb/judicial%20decisions/publishedbyyear/documents/2004/2004%20nica%2039/j_j_nicc5061.htm Family Planning Association of Northern Ireland v Minister for Health, Social Services and Public Safety] {{Webarchive|url=https://web.archive.org/web/20150120155151/http://www.courtsni.gov.uk/en-gb/judicial%20decisions/publishedbyyear/documents/2004/2004%20nica%2039/j_j_nicc5061.htm |date=20 January 2015 }}'' [2004] NICA 39 at paragraph [51], per Nicholson LJ</ref>

In ''Northern Ireland Health and Social Services Board v A and Others'' [1994] NIJB 1, [[John MacDermott (judge)|Lord Justice MacDermott]] said that he was "satisfied that the statutory phrase, 'for the purpose only of preserving the life of the mother' does not relate only to some life-threatening situation. Life in this context means that physical or mental health or well-being of the mother and the doctor's act is lawful where the continuance of the pregnancy would adversely affect the mental or physical health of the mother. The adverse effect must however be a real and serious one and there will always be a question of fact and degree whether the perceived effect of non-termination is sufficiently grave to warrant terminating the unborn child."

In ''Western Health and Social Services Board v CMB and the Official Solicitor'' (1995, unreported), Mr Justice Pringle stated that "the adverse effect must be permanent or long-term and cannot be short term ... in most cases the adverse effect would need to be a probable risk of non-termination but a possible risk might be sufficient if the imminent death of the mother was a risk in question".<ref>Quoted by Nicholson LJ at paragraph 56 of ''Family Planning Association of Northern Ireland v Minister for Health, Social Services and Public Safety'' [http://www.courtsni.gov.uk/en-gb/judicial%20decisions/publishedbyyear/documents/2004/2004%20nica%2039/j_j_nicc5061.htm {{bracket|2004}} NICA 39] {{Webarchive|url=https://web.archive.org/web/20150120155151/http://www.courtsni.gov.uk/en-gb/judicial%20decisions/publishedbyyear/documents/2004/2004%20nica%2039/j_j_nicc5061.htm |date=20 January 2015 }}</ref>

In ''Family Planning Association of Northern Ireland v Minister for Health, Social Services and Public Safety'' (October 2004), Lord Justice Nicholson stated that "it is unlawful to procure a miscarriage where the foetus is abnormal but viable, unless there is a risk that the mother may die or is likely to suffer long-term harm, which is serious, to her physical or mental health".<ref>{{cite web | title = Family Planning Association of Northern Ireland v. The Minister for Health, Social Services and Public Safety (ref: 2004 NICA 39) | url = http://www.courtsni.gov.uk/en-gb/judicial%20decisions/publishedbyyear/documents/2004/2004%20nica%2039/j_j_nicc5061.htm | publisher = [[Court of Appeal (Northern Ireland)|Northern Ireland Court of Appeal]] (NICA) | date = 8 October 2004 | access-date = 20 January 2015 | archive-date = 20 January 2015 | archive-url = https://web.archive.org/web/20150120155151/http://www.courtsni.gov.uk/en-gb/judicial%20decisions/publishedbyyear/documents/2004/2004%20nica%2039/j_j_nicc5061.htm | url-status = dead }}</ref> In the same case, Lord Justice Sheil stated that "termination of a pregnancy based solely on abnormality of the foetus is unlawful and cannot lawfully be carried out in this jurisdiction".<ref>{{cite web | title = Family Planning Association of Northern Ireland v. The Minister for Health, Social Services and Public Safety (ref: 2004 NICA 37) | url = http://www.courtsni.gov.uk/en-gb/judicial%20decisions/publishedbyyear/documents/2004/2004%20nica%2037/j_j_shef5066.htm | publisher = [[Court of Appeal (Northern Ireland)|Northern Ireland Court of Appeal]] (NICA) | date = 8 October 2004 | access-date = 20 January 2015 | archive-date = 20 January 2015 | archive-url = https://web.archive.org/web/20150120165916/http://www.courtsni.gov.uk/en-gb/judicial%20decisions/publishedbyyear/documents/2004/2004%20nica%2037/j_j_shef5066.htm | url-status = dead }}</ref>

In November 2015, Lord Justice Horner made a [[declaration of incompatibility]] under the [[Human Rights Act 1998]] to the effect that Northern Ireland's law on abortion (specifically its lack of provision in cases of fatal foetal abnormality or where the pregnancy is the result of rape or incest) could not be interpreted in a manner consistent with [[Article 8 of the European Convention on Human Rights]] i.e. a right to respect for his private and family life, his home and his correspondence; the convention also protects a right to life in [[Article 2 of the European Convention on Human Rights|Article 2]].<ref>{{cite BAILII |litigants = The Northern Ireland Human Rights Commission's Application |court = NIHC |division = QB |year = 2015 |num = 96 |date = 30 November 2015 |courtname = auto |parallelcite = [2015] NIQB 96}}</ref> In June 2017, the declaration of incompatibility was quashed by the [[Court of Appeal of Northern Ireland|Court of Appeal]] on the grounds that "a broad margin of appreciation must be accorded to the state" and "a fair balance has been struck by the law as it presently stands until the legislature decides otherwise".<ref>{{cite BAILII|litigants=Attorney General for Northern Ireland & The Department for Justice v The Northern Ireland Human Rights Commission|link=|court=NICA|year=2017|num=42|date=29 June 2017|courtname=[[Court of Appeal in Northern Ireland]]|juris=Northern Ireland}}</ref><ref>{{cite news|url=https://www.theguardian.com/world/2017/jun/29/northern-irish-appeal-court-refuses-limited-lifting-of-abortion-ban|newspaper=[[The Guardian]]|title=Northern Irish appeal court refuses limited lifting of abortion ban|last=McDonald|first=Henry|date=29 June 2017|access-date=8 June 2018}}</ref> In June 2018, the [[Supreme Court of the United Kingdom]] held that the law of Northern Ireland was incompatible with the right to respect for private and family life, insofar as the law prohibited abortion in cases of rape, incest and fatal foetal abnormality. However, the court did not restore the declaration of incompatibility as it also held that the claimant did not have standing to bring the proceedings and accordingly the court had no jurisdiction to make a declaration of incompatibility reflect its view on the compatibility issues.<ref>{{cite web|url=https://www.supremecourt.uk/cases/docs/uksc-2017-0131-judgment.pdf|title=In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland)|website=www.supremecourt.uk|publisher=The Supreme Court|language=en|access-date=2018-06-10}}</ref><ref>{{Cite news|url=https://www.independent.co.uk/news/uk/home-news/northern-ireland-abortion-law-supreme-court-human-rights-violation-ruling-dup-latest-a8387206.html |archive-url=https://web.archive.org/web/20180613011224/https://www.independent.co.uk/news/uk/home-news/northern-ireland-abortion-law-supreme-court-human-rights-violation-ruling-dup-latest-a8387206.html |archive-date=2018-06-13 |url-access=limited |url-status=live|title=Supreme Court rules Northern Ireland's abortion law breaches human rights but rejects challenge on technical grounds|work=The Independent|access-date=2018-06-10|language=en-GB}}</ref> The judgments of the Supreme Court acknowledged that the court lacked jurisdiction to issue a declaration of incompatibility but included a [[Obiter dictum|non-binding opinion]] that an incompatibility existed, and that a future case in which the applicant had the necessary standing would be likely to succeed. It also urged the authorities "responsible for ensuring the compatibility of Northern Ireland law with the Convention rights" to "recognise and take account of these conclusions ... by considering whether and how to amend the law".<ref>{{cite news|url=https://m.belfasttelegraph.co.uk/news/northern-ireland/all-eyes-are-now-on-government-after-supreme-court-rule-northern-ireland-abortion-laws-incompatible-with-human-rights-laws-36985876.html|newspaper=Belfast Telegraph|title='All eyes are now on Government' after Supreme Court rule Northern Ireland abortion laws 'incompatible' with human rights laws|date=7 June 2018|access-date=8 June 2018}}</ref><ref>{{cite BAILII|litigants=Human Rights Commission for Judicial Review (Northern Ireland: Abortion) |link=|court=UKSC|reporter=|scotcase=|year=2018|volume=|firstpage=|num=27|format=|parallelcite=|date=7 June 2018|courtname=[[Supreme Court of the United Kingdom|Supreme Court]]|juris=United Kingdom|ref=}}</ref>

=== Changes in law: 2019–2020 ===
The law on abortion in Northern Ireland was changed by [[Parliament of the United Kingdom|Parliament]] during a suspension of the [[Northern Ireland Executive]], which took place between 2017 and 2020. Recommendations to liberalise abortion law in Northern Ireland were published in February 2018 by the [[United Nations]] [[Committee on the Elimination of Discrimination against Women]] (CEDAW) in the report of its Inquiry concerning the United Kingdom (under Article 8 of the Optional Protocol to the [[Convention on the Elimination of All Forms of Discrimination against Women]]).<ref>{{cite web |last1=Committee on the Elimination of Discrimination against Women (CEDAW) |title=Report of the inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women |url=https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fOP.8%2fGBR%2f1&Lang=en |website=www.ohchr.org |publisher=Office of the United Nations High Commissioner for Human Rights (OHCHR) |access-date=24 December 2021 |date=23 February 2018}}</ref>

The '''[[Northern Ireland (Executive Formation etc) Act 2019]]''', enacted on 24 July 2019, extended the deadline for the restoration of the Executive to 21 October 2019. Under a private member's amendment introduced by [[Stella Creasy]] MP, if an Executive were not restored by that date, the Act would:

* require the Secretary of State for Northern Ireland to implement recommendations regarding abortion made in the CEDAW report;
* repeal sections 58 and 59 of the [[Offences Against the Person Act 1861]] under the law of Northern Ireland; and
* require the Secretary of State, by regulation, to make further changes in the law for complying with the recommendations with those regulations coming into force on 31 March 2020.<ref name=2019act>{{OGL-attribution|version=3.0|{{cite web |title=Northern Ireland (Executive Formation etc) Act 2019, section 9 |url=https://www.legislation.gov.uk/ukpga/2019/22/section/9 |website=www.legislation.gov.uk |publisher=National Archives |access-date=21 August 2019}}}}</ref>

On 21 October 2019, as a result of the Executive not being restored, sections 58 and 59 of the 1861 Act were repealed.<ref>{{cite news |title=Northern Ireland abortion and same-sex marriage laws change |url=https://www.bbc.co.uk/news/uk-northern-ireland-50128860 |publisher= BBC News |access-date=3 February 2020}}</ref> Legal protection for the life of a child who was "capable of being born alive" continued under the [[Criminal Justice Act (Northern Ireland) 1945]].

The Executive was restored in January 2020, but since this was past the deadline of 21 October 2019, legislation on abortion continued to be implemented through Westminster. The '''Abortion (Northern Ireland) Regulations 2020''' were laid before Parliament on 25 March 2020 and took effect on 31 March 2020.<ref>{{cite news |last1=McCormack |first1=Jayne |title=NI to offer unrestricted abortion up to 12 weeks |url=https://www.bbc.co.uk/news/uk-northern-ireland-52040694 |access-date=25 March 2020 |work=BBC News |date=25 March 2020}}</ref><ref>{{cite web |title=Changes to the law in Northern Ireland: updated information |url=https://www.gov.uk/government/news/changes-to-the-law-in-northern-ireland-updated-information |website=GOV.UK |access-date=25 March 2020 |language=en}}</ref> The Regulations allowed for abortion in Northern Ireland in the following circumstances:

* where the pregnancy has not exceeded its twelfth week;
* a risk of injury to the physical or mental health of the pregnant woman (up to a term limit of 24 weeks);
* a risk to life or risk of grave permanent injury to physical or mental health of the pregnant woman;
* a severe fetal impairment – "a substantial risk that if the child were born, it would suffer from such physical or mental impairment as to be seriously disabled" (with no term limit); or
* a fatal fetal abnormality – "a substantial risk that the death of the fetus is likely before, during or shortly after birth" (with no term limit).<ref name=2020niregsinitial>{{OGL-attribution|version=3.0|{{cite web |title=Abortion (Northern Ireland) Regulations 2020 |url=https://www.legislation.gov.uk/uksi/2020/345/contents/made |website=www.legislation.gov.uk |publisher=National Archives |access-date=15 August 2022}}}}</ref>

A person who intentionally terminates or procures the termination of a pregnancy other than in accordance with the Regulations commits an offence; this does not apply to a pregnant woman or where the act which caused the termination was done in good faith for the purpose only of saving the woman's life or preventing grave permanent injury. The 1945 Act remains in law, including the offence of child destruction, although this no longer applies to a pregnant woman, or a registered medical professional acting in accordance with the Regulations.<ref name=2020niregsinitial />

The Regulations were replaced by the '''Abortion (Northern Ireland) (No. 2) Regulations 2020''', which were materially the same with minor corrections and came into force on 14 May 2020.<ref name=2020niregsfinal /> In May 2022, just over two years after the change in the law, it was reported that abortion clinics and treatments available in Northern Ireland were limited and women seeking to have abortions continued to travel to Great Britain (mainly England).<ref>{{Cite web |date=2022-05-04 |title=Abortion services in Northern Ireland almost non-existent despite legalisation |url=https://www.theguardian.com/world/2022/may/04/abortion-services-in-northern-ireland-almost-nonexistent-despite-legalisation |access-date=2022-06-28 |website=The Guardian |language=en}}</ref><ref>{{Cite web |last=Mallis |first=Adam |date=2023-02-28 |title=Abortion in the UK - Medical Interview Hot Topics {{!}} TheUKCATPeople |url=https://www.theukcatpeople.co.uk/post/abortion-uk-nhs-medicine-interview-hot-topics |access-date=2023-03-05 |website=The UKCAT People |language=en}}</ref> By 2024, abortion services were now available in all five hospital trusts in Northern Ireland, enabling the majority of demand to be met locally.<ref>{{cite news |last=Carroll |first=Rory |date=2024-03-21 |title=Siege days are over: how Northern Ireland came to lead the UK on abortion |url=https://www.theguardian.com/world/2024/mar/21/how-northern-ireland-came-to-lead-the-uk-on-abortion |access-date=2024-05-06 |work=The Guardian |issn=0261-3077}}</ref>