Abortion (Northern Ireland) (No. 2) Regulations 2020 — 17 Jun 2020 at 19:30

The majority of MPs voted to continue to permit abortions in Northern Ireland where they are carried out in circumstances set out in regulations.

The motion supported by a majority of MPs in this vote was:

• That the Abortion (Northern Ireland) (No. 2) Regulations 2020 (S.l, 2020, No. 503), dated 12 May 2020, a copy of which was laid before this House on 13 May, be approved.

The regulations, which revoke and replace almost identical previous regulations, state^[1][2]:

• * A registered medical professional may terminate a pregnancy where a registered medical professional is of the opinion, formed in good faith, that the pregnancy has not exceeded its 12th week.
• * A registered medical professional may terminate a pregnancy where two registered medical professionals are of the opinion, formed in good faith, that— (a)the pregnancy has not exceeded its 24th week; and (b)the continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant woman which is greater than if the pregnancy were terminated.
• * A registered medical professional may terminate a [any] pregnancy in cases of immediate necessity, risk to life or grave permanent injury to physical or mental health of pregnant woman or severe fetal impairment or fatal fetal abnormality.
• * Notification of termination to Chief Medical Officer is required.

The regulations also amend the law so that no woman or girl can be prosecuted with respect to ending her own pregnancy and to remove the risk of criminal prosecution from those acting in-line with the regulations.

The regulations replace substantively identical Abortion (Northern Ireland) Regulations 2020 which did not continue in-force as they were not approved by resolution of each House of Parliament within the required period. The disruption to Parliamentary procedure caused by the covid-19 pandemic may have prevented the consideration of the previous regulations^[1].

If the regulations were not approved abortion in Northern Ireland would have remained criminalised both via Section 25 of the Criminal Justice Act (Northern Ireland) 1945 if the child was capable of being born alive and more generally via sections 58 and 59 of the Offences Against the Person Act 1861 with exceptions relating to the woman's health made via case law.^[1]

• [1] Explanatory memorandum to the Abortion (Northern Ireland) (No. 2) Regulations 2020, Legislation.gov.uk
• [2] the Abortion (Northern Ireland) (No. 2) Regulations 2020 (S.l, 2020, No. 503), Legislation.gov.uk

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