Northern Ireland
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The Abortion Act 1967 does not extend to Northern Ireland. The pieces of legislation governing abortion in Northern Ireland are sections 58 and 59 of the Offences against the Person Act 1861 and sections 25 and 26 of the Criminal Justice Act (Northern Ireland) 1945 (which are derived from the corresponding provisions of the Infant Life (Preservation) Act 1929).
The Infant Life (Preservation) Act 1929 allows abortion when necessary to protect the mother's physical and mental health. But, performing an abortion in Northern Ireland is an offence except in specific cases. Abortion in Northern Ireland is only legal in exceptional circumstances where the life of the pregnant woman is at immediate risk and if there is a long term or permanent risk to her physical or mental health. In Western Health and Social Services Board v CMB and the Official Solicitor (1995) unreported, Pringle J stated "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" In a written answer to Jim Allister the Northern Ireland health minister Edwin Poots disclosed that 394 abortions were carried out in Northern hospitals for the period 2005/06 to 2009/10 with the footnote that reasons for abortions were not gathered centrally.
In The Family Planning Association Of Northern Ireland, Appellant; -and- The Minister for Health, Social Services and Public Safety, Respondent; SPUC NI, Archbishop Sean Brady and The Northern Bishops, Precious Life, Life (NI), Interveners (8th October 2004) - Nicholson LJ stated at paragraph 73 - ‘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.’ Sheil LJ stated at paragraph 9 - ‘termination of a pregnancy based solely on abnormality of the foetus is unlawful and cannot lawfully be carried out in this jurisdiction’
An offence under section 58 is punishable with imprisonment for life or for any shorter term.
Politicians from the unionist and nationalist parties in Northern Ireland joined forces on 20 June 2000 to block any extension of the Abortion Act 1967 to Northern Ireland where terminations are only allowed on a restricted basis.
Read more about this topic: Abortion In The United Kingdom
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