AN AMERICAN-BASED academic has described the Northern health department’s guidelines on abortion as “seriously misleading”.
Prof John Keown of the Kennedy Institute of Ethics, Georgetown University, Washington DC, made his comments in response to a legal query by the Association of Catholic Lawyers of Ireland (ACLI).
Prof Keown referred to the consultation process begun in July by the North’s Department of Health to try to establish when abortions were legal in Northern Ireland.
The 1967 British abortion Act does not apply to Northern Ireland and the four main parties oppose its extension to the North, although a number of Westminster MPs are attempting to introduce legislation this term that would extend the 1967 act to the North.
The Alliance for Choice group in the North has called on trade unions, women’s groups and community organisations to unite behind a campaign to extend the 1967 act.
Under current legislation, according to the department, abortions are permitted in the North where “there is a threat to the life of the woman, or a risk of real and serious harm to her long-term or permanent health (physical or mental)”.
Prof Keown referred to the opening statement of the department’s guidance which states that “within the scope of this guidance and the law in Northern Ireland, each health and social services trust must ensure that its patients have access to termination of pregnancy services”.
This was “seriously misleading”, he said. “The starting point of the guidance should be a clear statement of the illegality of abortion in Northern Ireland: that it is a crime punishable by a maximum of life imprisonment to use any means with intent to procure miscarriage,” he added.
“The guidance should then recall the central if not sole purpose of this prohibition: the protection of the unborn child, a purpose which has informed the law against abortion for over 700 years.
“Only when the rule has been stated should the scope of the exception be considered,” Prof Keown said.
Barrister Johanna Higgins of ACLI said Prof Keown had underlined “a fundamental flaw” in the department’s guidelines.