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Abortion: DUP bill to stop terminations for non-fatal disabilities rejected

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woman with doctorImage source, Getty Images
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Northern Ireland's abortion laws changed significantly in 2020

A DUP bill to prevent abortions in Northern Ireland in cases of non-fatal disabilities has effectively fallen after a tight vote at Stormont.

Assembly members (MLAs) voted by 45 to 42 to reject the principles of the bill after its consideration stage debate.

Those against it included Sinn Féin, some SDLP, Alliance, Ulster Unionist, Green MLAs and People Before Profit.

The Traditional Unionist Voice (TUV) voted in favour of the Democratic Unionist Party (DUP) bill.

Northern Ireland's abortion laws changed significantly in 2020 following legislation passed at Westminster.

It meant there would be no time limit for terminations when there was a "substantial risk" a fetus would suffer a severe mental or physical impairment.

Campaigners had argued the law would allow abortions without time limit for conditions such as Down's syndrome.

The DUP had said its proposal was about removing discrimination against people with disabilities, but its opponents and pro-choice campaigners said it was an attempt to erode women's reproductive rights.

After the debate, MLAs were told that the bill would be referred to the Assembly Speaker, but it is understood the DUP is taking legal advice on whether it can be moved again.

'Not the end of the road'

The DUP is opposed to abortion and had vowed to oppose any development of abortion services in Northern Ireland.

Sinn Féin had previously expressed its support for abortion in most circumstances, but had faced some criticism for abstaining on the bill during its last stage in the assembly.

The SDLP, UUP and Alliance Party view abortion as a matter of conscience, so it is up to individual MLAs how they vote on the issue.

DUP MLA Christopher Stalford said he was disappointed that the Severe Fetal Impairment Abortion (Amendment) Bill had been rejected by the assembly.

"The bill would have made it illegal to abort a baby right up to birth (40+ weeks) for disabilities such as Down's syndrome, club foot or cleft lip," Mr Stalford said.

"That MLAs rejected this, is deeply worrying and sends an awful message about the value the Northern Ireland Assembly places on the life of an unborn disabled child."

Mr Stalford said it was "not the end of the road".

"We are a pro-life party. Every life must be valued," he said.

"We will continue to advocate for the policies which encourage the preservation of life both in the Northern Ireland Assembly and the Northern Ireland Executive."

But speaking during the debate, Sinn Féin vice president Michelle O'Neill MLA said: "We have had enough of women being exiled abroad or taking abortion pills, often alone and afraid, without medical supervision."

She added that it "reflects badly on everyone" that women still have to make such journeys in 2021.

"Westminster had to legislate for abortion services in the North because of the blockages created by the DUP, the very same people attempting to roll back on the progress made," Ms O'Neill said.

'Remarkable day'

People Before Profit MLA Gerry Carroll, who led off on the opposition to the bill in the chamber, called the result "people power in action".

Speaking after the assembly vote, he said the "mammoth effort of women and other pro-choice activists" delivered the vote and encouraged them to keep up momentum.

"I am beyond delighted that the DUP's attempt to restrict abortion in some of the most tragic cases has been defeated," he said.

"I want to pay tribute to the mammoth effort of women and pro-choice activists who build massive pressure on Sinn Féin to change their position and oppose the bill - this is people power in action.

Alliance MLA Paula Bradshaw said it was a remarkable day and a "significant day for trusting women".

"This is the first time the devolved legislature in Northern Ireland has voted clearly in favour of the woman's right to choose, recognising pregnant women in conjunction with health professionals are the best people to determine whether and how to proceed with pregnancy," she said.

The Green Party NI leader Clare Bailey also welcomed the result of the vote.

"This bill sought to roll back on the hard-won rights of women in Northern Ireland. This bill was not compliant with human rights. It was right for the assembly to 'kill the bill'," she said.

"However, the NI Executive continues to fail in its duty to provide free, safe and legal reproductive healthcare for women in Northern Ireland."

How did we get here?

In July 2019, MPs voted to decriminalise abortion in Northern Ireland and create new laws.

Stormont was not functioning due to a row between the main power-sharing parties.

A new framework for abortion services in Northern Ireland was then drawn up by the Northern Ireland Office and took effect last March.

It made terminations legal in all circumstances within the first 12 weeks of pregnancy.

A 24-week limit would apply in situations where continuing a pregnancy would involve risk of injury to the woman's physical or mental health.

But there is no term limit in cases of fatal fetal abnormality where there is a substantial risk that the fetus would die or, if born, would suffer a severe mental or physical impairment.

Last year, the Stormont assembly supported a non-binding motion rejecting the laws.

In July, the Northern Ireland Secretary Brandon Lewis issued a formal direction that Stormont must commission full abortion services by March 2022.

The Department of Health has said it is working to finalise proposals ahead of submitting them to the executive for approval.