The Human Life Review: Abortion in Northern Ireland

Bernadette Smyth recently spoke with Dr John Grondelski for the Human Life Review on the question of the current struggles over protection of the unborn in Northern Ireland.

 

Human Life Review (HLR):Few people know that, when the British Parliament passed the Abortion Act 1967, liberalizing abortion in the United Kingdom, its provisions explicitly did not extend to Northern Ireland.  Why not? And what is the state of abortion law there today? 

Bernadette Smyth: There has never been any political will to introduce the Abortion Act 1967 to Northern Ireland.

Firstly, let me tell you a little bit about the politics of Northern Ireland and how we have come to where we are today.

Between 1921 and 1971, Northern Ireland had its own Parliament. When the Abortion Act 1967 went through Westminster, the issue of abortion was left for the Northern Ireland Parliament to decide. It never took it up.

The Northern Ireland Parliament was abolished with the return of direct rule in 1973. At that time, Westminster pledged that it would not impose any change in abortion law on the people of Northern Ireland without consultation with their elected representatives, and that any change would come about only with broad support from a cross-section of the people of Northern Ireland.

As a result of the Good Friday Agreement of 1998, a devolved government was established in Northern Ireland. This is the Northern Ireland Assembly which has full legislative and executive authority for all matters that are the responsibility of its government departments, an example being criminal justice matters, which includes abortion.

The people of Northern Ireland have always made their voices heard on the subject of abortion – saying it would never occur in their name. That is why abortion is still a criminal offence here, governed by sections 58 and 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945. There is now, however, a concerted campaign to legalise abortion in Northern Ireland in cases where an unborn child has been diagnosed with a life-limiting disability.      

HLR: Many people outside Northern Ireland associate it with the long history of sectarian violence between Catholics and Protestants there.  But the pro-life/anti-life split is not along religious fault lines, is it?  Can you describe how the two main religious communities in Northern Ireland view abortion, and who is really pushing for legalizing it?

Bernadette Smyth: The pro-life and pro-abortion divide in Northern Ireland has nothing to do with a divide between Catholics and Protestants. In fact, the people clamouring for legalised abortion are primarily liberal-minded atheists, ‘pro-choice feminists’, and ‘human rights activists’ with a ferocious hostility to any person who stands by the principle that it is morally wrong to kill unborn children.

Amnesty International have found their very own ‘Jane Roe’ and have been exploiting the case of a young woman from Northern Ireland who travelled to England for an abortion when she discovered her unborn child had been diagnosed with anencephaly in October 2013.

Since then, the campaign for legalising abortion in cases of so-called ‘fatal foetal abnormality’ has been gaining momentum, with the Justice Minister launched a public consultation on legalising abortion in cases of ‘lethal foetal abnormality and sexual crime’ in October 2014.

Most recently, the Northern Ireland Human Rights Commission, with the support of Amnesty International, sought a judicial review of the law on abortion in Northern Ireland, claiming that the illegality of abortion in cases of rape, incest, and ‘serious malformation of the foetus’ was in breach of Articles 3, 8 and 14 of the European Convention on Human Rights.

The Catholic Church in Northern Ireland is, of course, unequivocally opposed to abortion. However, there is an urgent need for priests and bishops to be more active and to speak out more about abortion and warn their congregations of the current threat to unborn children in Northern Ireland.

To explain how the Protestant churches in Northern Ireland view abortion, it will be most helpful to draw your attention to how each denomination responded to the Justice Minister’s public consultation on abortion.

With regard to the proposal to legalise abortion in cases where an unborn child has been diagnosed with a life-limiting disability, neither the Free Presbyterian Church, the Presbyterian Church in Ireland, nor the Caleb Foundation, which is a lobby group representing the views of mainstream evangelical Christians in Northern Ireland, supported a change in the law. However, both the Church of Ireland and the Methodist Church in Ireland (MCI) supported a change in the law in these cases.[1]

With regard to the proposal to legalise abortion when pregnancy is the result of ‘sexual crime’, no Protestant denomination supported a change in the law.[2]

HLR:The Republic of Ireland is often a target of anti-life criticism because it, along with Poland, are the only two European Union countries with real pro-life protections in national laws.  How does Ireland’s pro-life position help or hinder Northern Ireland’s?

Bernadette Smyth: Let’s not forget the pro-life protections in Malta, where abortion is prohibited in all circumstances under the Criminal Code! 

In Poland, between 1956 and 1993 abortion was available on demand. In 1993, a new law was enacted to restrict abortion to the following cases in the first 12 weeks of pregnancy: when the mother’s life or health is in danger, when an unborn child has been conceived in rape or incest, and when an unborn child has been diagnosed with an ‘irreversible malformation’.  

In the Republic of Ireland, Article 40.3.3 of the Irish Constitution provides that “the State acknowledges the right to life of the unborn, and with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

However, the law on abortion was amended in the Republic of Ireland by the Irish Government under the so called ‘Protection of Life’ During Pregnancy Act 2013. Sadly, this piece of legislation repealed sections 58 and 59 of the Offences Against the Person Act 1861 (the Act which historically protected the unborn child from the moment of conception).

The Protection of Life During Pregnancy Act 2013 now permits abortion in cases where a pregnant woman’s life is in danger from a “physical illness” or when there is a “risk of loss of life due to suicide.”

For the past year there has also been a concerted campaign from the pro-abortion lobby to repeal Article 40.3.3 of the Irish Constitution – which would effectively strip the unborn child of ANY protection in the Republic of Ireland. The pro-abortion lobby are specifically campaigning for the legalisation of abortion in cases of where an unborn child has been diagnosed with a life-limiting disability.

HLR:What does this mean for Northern Ireland?

Bernadette Smyth: I have always said, “there is no border in this battle to protect Ireland’s unborn children.” Since 2007, the people of Ireland, both north and south, have united in their thousands at the All-Ireland Rally for Life which is held every year, alternating between Belfast and Dublin. While the Protection of Life During Pregnancy Bill was being debated in July 2013, a massive Rally for Life with 60,000 people from all across Ireland marched through the city of Dublin.

Prior to the passing of the Protection of Life During Pregnancy Act 2013, there were also cross-border meetings between political representatives in Northern Ireland and the Republic of Ireland where all agreed that the role of any government is to uphold the law which protects the weakest and most vulnerable in our society.

Sections 58 and 59 of the Offences Against the Person Act 1861 was an all-Ireland safeguard against abortion. Now that it has been repealed in the Republic of Ireland, this has unsteadied the politicians in the north who always had confidence in and reliance on the historic piece of legislation which protected unborn children both sides of the border.

If the laws protecting unborn children are weakened or if abortion is ever legalised on one side of the border, that will have foreboding consequences for unborn children on the other side of the border. That is why political representatives, pro-life groups, and the people in both Northern Ireland and the Republic of Ireland must continue to work together to fight back and defeat the current threats to unborn children diagnosed with life-limiting disabilities across the island of Ireland.

HLR:Marie Stopes advertises itself as the “first abortion clinic in the island of Ireland.”  In the United States, Planned Parenthood laments the “disappearance” of abortionists, especially outside of the East and West coasts, but the fact of the matter is that few physicians want to get involved in this activity, so that a number of “carpetbagger” abortionists fly around to provide their “services” at various clinics throughout America.  (This is also why they resist being required to have admitting privileges at local hospitals, since they have no community ties).  Can you tell us something about this clinic?  Can you also comment on the phenomenon of “abortion-at-sea” (floating abortion clinics in international waters) and whether this affects Northern Ireland? 

Bernadette Smyth: Marie Stopes International came into Northern Ireland under a cloak of darkness. No one knew that this notorious abortion giant was coming until it was announced by the media shortly before its arrival in Belfast on 18th October 2012. Since then staff at the Marie Stopes centre have been laughing in the face of the criminal law by proclaiming on their website that they offer the abortion pill up to nine weeks of pregnancy. In fact, in a meeting before the Justice Committee of the Northern Ireland Assembly in January 2013, Marie Stopes representatives boasted that ‘there is nothing stopping them’ from performing abortions up to birth. 

In 2007 Paul Cornellisson, the then Marie Stopes’ Programme Director in South Africa, admitted at an abortion conference in London that Marie Stopes “do illegal abortions all over the world.”[3] Marie Stopes does not wait for the law to change, but brazenly opens its doors in a country where abortion is illegal with the objective to soften individual consciences in preparation for a widespread push for legalised abortion.

Precious Life has been trying all legal and political means to close Marie Stopes. But unfortunately, this have proved unsuccessful because of political parties Sinn Fein, the Alliance Party and the Green Party who voted not once but twice to keep Marie Stopes open and ignored the voices of 35,000 people who made clear that Marie Stopes would never be wanted or needed in Northern Ireland. 

Precious Life’s ‘Stop Marie Stopes Campaign’ holds peaceful prayer vigils outside the Marie Stopes building every day it is open and our street counsellors to reach out to women using Marie Stopes with advice, information and support.

While Precious Life continues in its efforts to shut Marie Stopes, Stanton Healthcare Belfast, a brand new pregnancy care centre, has just opened to offer counselling and practical support for women faced with unplanned pregnancies in Northern Ireland. Please see Precious Life’s website:

http://www.preciouslife.com/news/231/new-womens-health-centre-stanton-healthcare-belfast-opened/

http://www.preciouslife.com/news/230/bernie-smyth-hopes-prolife-clinic-can-replace-marie-stopes/

http://www.preciouslife.com/news/229/us-congressman-chris-smith-to-talk-with-key-prolife-politicians/

HLR:In recent years, the British Parliament has been “devolving” various powers to national assemblies in Scotland, Wales, and Northern Ireland.  What consequence does this bode for abortion law in Northern Ireland?

Bernadette Smyth: Please see answer to Question 1.

HLR:Advocates of abortion legalization in Northern Ireland frequently seem to use arguments for “fatal fetal deformity” and “rape and incest” as cudgels to open the floodgates to abortion.  Can you describe the typical arguments being made for abortion in Northern Ireland?

Bernadette Smyth: The typical argument being made for legalised abortion in Northern Ireland is that ‘women’s rights’ are being violated by being ‘forced’ to carry ‘a foetus that won’t survive’ or ‘a product of a rapist’ or being ‘forced’ to travel to England or elsewhere for an abortion.

HLR:Recently, a Northern Ireland judge addressed the question of abortion law.  Can you tell us about that decision, on what basis it was prosecuted and decided? 

Bernadette Smyth: On 2nd February 2015, the Northern Ireland Human Rights Commission (the Commission) was granted leave for a judicial review of Northern Ireland’s abortion law. The Commission, with the support of Amnesty International, sought the legalisation of abortion in cases of rape, incest and ‘serious malformation of the foetus’, claiming that the requirement that pregnant women travel to Britain or elsewhere to ‘access services’ in such cases was in violation of the European Convention on Human Rights, namely: - 

• ·        Article 3 (prohibition of torture and degrading treatment);
• ·        Article 8 (respect for privacy and family life), and;
• ·        Article 14 (prohibition of discrimination).

The Commission sought a declaration of incompatibility of sections 58 and 59 of the Offences against the Person Act 1861 with articles 3, 8 and 14 of the European Convention on Human Rights.

Precious Life, the leading pro-life group in Northern Ireland, was a third party intervener on behalf of the unborn child in this landmark case.

30^th November 2015

After five months of deliberation, Mr Justice Mark Horner ruled that the illegality of abortion in cases of rape, incest, and when an unborn child has been diagnosed with a ‘fatal foetal abnormality’ was in violation of a woman’s right to “private and family life” under Article 8 of the European Convention on Human Rights.

Although Precious Life welcomed that Judge Horner acknowledged that there is no right to abortion in international human rights law and made clear that the illegality of abortion neither discriminates against the woman nor subjects her to inhumane and degrading treatment, we were appalled that he refused point-blankly to recognise that every unborn child, by virtue of his or her humanity, has a God-given right to life, which no judge can ever take away.

The judge spoke so coldly and cruelly about unborn children with life-limiting conditions. In his diabolical ruling he completely stripped these little ones of their very humanity, saying that there is ‘no human life to protect’. He also degraded every woman who became pregnant from rape by calling her ‘merely a receptacle’ and demonised her child as ‘the child of a rapist’. 

16 December 2015

On 16^th December Judge Horner reached his final conclusion in this case. He acknowledged that to interpret sections 58 and 59 of the Offences Against the Person Act 1861 to allow for abortion in cases of rape, incest, and when the unborn child has been diagnosed with a life-limiting disability would be “a step too far”. Instead, he made a ‘declaration of incompatibility’, meaning that the matter of introducing new legislation is now for the Northern Ireland Assembly to decide.

While there is no obligation on the Northern Ireland Assembly to act on this ruling or to legalise abortion in the above cases, it is the responsibility of the people of Northern Ireland to put pressure on the politicians to ensure that they do not bow down to this evil judgment.  That is why Precious Life has launched its FIGHT BACK campaign, to ensure that all unborn children continue to be protected in Northern Ireland.

Latest development

We have just learned this week that the Attorney General for Northern Ireland and the Department of Justice will be appealing Judge Horner’s judgment.

HLR:To what degree are European “human rights” provisions being used as ways to try to force abortion on Northern Ireland?

Bernadette Smyth: Article 8 of the European Convention on Human Rights – a woman’s ‘right to private and family life’ - is the human rights provision most often used to try to force the legalisation of abortion in Northern Ireland.

You can see that this right is being totally abused and can be argued in defence of any activity, no matter how morally reprehensible.

HLR:The Northern Ireland Government supposedly went through a “consultation” process on abortion legalization last year.  Can you describe that process and your evaluation of it?

Justice Minister David Ford’s public consultation on amending the law in Northern Ireland to allow abortion in cases of ‘lethal foetal abnormality and sexual crime’ was launched in October 2014. On 16^th April 2015, the Department of Justice published a summary of the responses.[4] Despite that 25,140 of the 25,320 responses to the consultation opposed any change to the law, David Ford announced that ‘after full and careful consideration of the evidence submitted’, he had concluded that ‘to change the law along the lines outlined in the consultation paper is the right thing to do’ and that he would seek the approval of the Northern Ireland Executive to legalise abortion in cases where an unborn child has been diagnosed with a terminal disability.

Following this announcement, Peter Robinson, the First Minister of Northern Ireland, retorted that David Ford’s proposals were ‘doomed’ as they ‘did not have the support needed to pass the Assembly’.

Since then, the Justice Minister’s proposals were put on hold. But now with the recent High Court ruling, the question of changing the law will now be put the political representatives once again.   

HLR: What do you see as the future of the protection of the unborn in Northern Ireland?

Bernadette Smyth: At this very moment we are facing the greatest onslaught ever seen in the history of the abortion battle in Ireland. At this urgent time there must be a public outcry from the people of Ireland, both north and south. There must also be massive prayer and vocal opposition from our Church leaders. A colossal amount of work now lies ahead to ensure that our politicians continue to uphold the right to life of all unborn children.

The months and years ahead are going to be very tough, but Precious Life and the pro-life people of Northern Ireland have faith that with God on our side, we can trust in Him that good will overcome evil, and that unborn children will continue to be protected in Northern Ireland.

HLR: Please tell us something about the pro-life movement in Ulster.

Bernadette Smyth: During this time when there is such a ferocious attack on unborn children in Northern Ireland, I would like to bring to your attention what Bishop Robert Barron said during his keynote speech at the World Meeting of Families conference in Philadelphia on 23^rd September 2015:

“The gates of hell will not prevail against you.” (Matthew 16:18)  

Bishop Barron explained that “We’re the ones on the march. Hell has something to fear from us.” It is we who are on the march in our campaign to bring the truth to the people around us. We will never stop being a voice for the unborn child and will do everything we can do ensure that unborn children continue to be protected in law, policy and practice.

The Northern Ireland Human Rights Commission and Amnesty International would be mistaken to think that they have won this battle. The pro-life movement in Northern Ireland is united, strong, and marching forward in this battle to protect mothers and their unborn children, and with God on our side, we will have the victory.  

 

« Back to News

Our Videos