An anti-abortion protest in Belfast. Photo: Getty
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Have we reached the tipping point for abortion rights in Northern Ireland?

A new legal challenge to Northern Ireland’s restrictive abortion laws marks a huge success for the pro-choice movement.

Since Northern Ireland as a state first came into being almost a hundred years ago, stability and constancy have not been its strong suits.

As Northern Ireland self immolated into the violence and political unrest of The Troubles, it brought generations of political chaos for locals, but one element of politics has always remained a constant. Both sides of the conflict have always been able to agree on one common enemy – the woman who wants to choose.

Abortion is still illegal in Northern Ireland unless a termination is required to save a woman’s life or to avoid permanent and serious damage to her health. If the foetus is severely disabled, the woman was raped or conception was a result of incest – terminations are illegal. Access to abortion for Northern Irish women is forbidden under the 1861 Offences Against the Person Act and the 1945 Criminal Justice Act.

Thus, in 2015, we mark 70 years since Northern Ireland’s abortion laws were last altered. Since then, the laws have remained fundamentally touched, gathering dust on pages which are themselves naturally disintegrating through the material processes of time. Yet the laws themselves linger on, revered and perfectly preserved, like the relics of a saint.

Today, the High Court in Belfast will hear a legal challenge to the law.

A case brought by the Northern Ireland Human Rights Commission will be heard as the group argue that terminations should made possible for women who conceive as a result of rape or incest, or where there is “serious malformation of the foetus”. Regardless of whether the legal challenge is successful, merely having the case considered by the court is a huge success for many in the local pro-choice movement. It will be the first major challenge to the status quo in living memory, a once unimaginable point.

The hearing comes quickly on the heels of a number of momentous milestones in the struggle for women’s right to choose in Northern Ireland. The debate has surged forward in the last two years to a point where the law could now feasibly be altered in small, but meaningful ways.

In 2012, the unthinkable and unexpected happened when Marie Stopes opened a private clinic in Belfast city centre. They said they would provide medical, not surgical, abortions up to nine weeks gestation- which they argued was legal within the framework of UK law. Outrage swelled locally and the Northern Irish attorney general, who is chief legal advisor to the devolved power sharing assembly and a devout Catholic, called for an investigation into its legality. However, the clinic has refused to reveal if it has yet performed any terminations in the building and insisted that its actions were legal. After much fury from pro-life protestors, the clinic was officially registered with health authorities the following year and has been allowed to operate.

In December of last year, Justice Minister David Ford announced that he was launching a public consultation to alter the law in case of what he assured the public would be only “two very narrow sets of circumstances”. Namely, when a foetus has a fatal abnormality and is neither viable inside the womb or immediately after birth, or if conception had been a result of a sexual crime such as rape or incest.

A report by Amnesty International in October of last year revealed that 69 per cent of people living in Northern Ireland believe that accessing abortion locally should be an option in the case of a woman being raped. Interestingly, Protestants were more likely to be in favour than Catholics, 73 per cent compared to 62 per cent. 68 per cent of those surveyed felt it should be available in the case of incest, while 60 per cent agreed it should be an option when there was a fatal foetal abnormality.

At least behind closed doors and when responding to surveys in private, the religious rhetoric that once gripped Northern Ireland seems to have lost its grasp.

Yet despite the majority of locals wanting the law to be changed, politicians at Stormont continue to push forward the anti-choice agenda.

The Northern Irish live in a society whose cornerstones are rigid religion and all-knowing patriarchs who decide what is best for the rest of our community. For many of our politicians, their theological beliefs imbue them with the sense of a divine right to impose their religion on others, whilst the legacy of sectarian, bipartisan politics enacts itself here in the refusal to budge an inch from unflinching, absolutist stances. This culture has lead to politicians continuing to push a line which doesn’t reflect what its citizens want when it comes to modernising the abortion laws.

Only one in five members of the Northern Ireland Assembly are female, meaning that the state has the lowest numbers of female representation of any devolved institutions in Western Europe. This means that the voices of women in Northern Ireland often go unheard. Indeed, in response to Minister Ford’s consultation on changing the abortions laws, BBC Northern Ireland held a debate which saw a male interviewer discuss the issue with three men and one woman. It’s difficult to imagine the English BBC getting away with doing the same, but here no-one batted an eyelid at the idea of men dominating discussions on women’s rights.

The Republican party Sinn Fein is the only major political party to support changing the abortion law. The left of centre nationalist Social Democratic and Labour Party is theologically catholic and firmly “pro life”, while the hardline right wing Democratic Unionist Party holds the same view based on its Protestant values. Of the remaining major parties, the Ulster Unionist Party and the centre ground Alliance Party say that it is a matter of personal conscience for each of their politicians to decide.

Yet, while the men on Stormont Hill pout and pontificate on the matter, more than a thousand Northern Irish women fly above their heads each year on budget airline carriers destined for England, in order to access basic healthcare.

Northern Ireland lags severely behind the rest of the UK when it comes to social attitudes. The fight for reproductive rights will be a long battle. We’ve long passed the tipping point socially, and next week’s High Court hearing and the Justice Minister’s consultation could see this finally reflected legally.

Allowing women to have a termination after rape, incest or a fatal abnormality of the foetus, would not bring local women the rights of their sisters in the rest of the UK. But it would be a meaningful start. To alter Northern Ireland’s abortion laws for the first time in seventy years would be a hard won battle in a severely stagnant society.

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What is the EU customs union and will Brexit make us leave?

International trade secretary Liam Fox's job makes more sense if we leave the customs union. 

Brexiteers and Remoaners alike have spent the winter months talking of leaving the "customs union", and how this should be weighed up against the benefits of controlling immigration. But what does it actually mean, and how is it different from the EU single market?

Imagine a medieval town, with a busy marketplace where traders are buying and selling wares. Now imagine that the town is also protected by a city wall, with guards ready to slap charges on any outside traders who want to come in. That's how the customs union works.  

In essence, a customs union is an agreement between countries not to impose tariffs on imports from within the club, and at the same time impose common tariffs on goods coming in from outsiders. In other words, the countries decide to trade collectively with each other, and bargain collectively with everyone else. 

The EU isn't the only customs union, or even the first in Europe. In the 19th century, German-speaking states organised the Zollverein, or German Customs Union, which in turn paved the way for the unification of Germany. Other customs unions today include the Eurasian Economic Union of central Asian states and Russia. The EU also has a customs union with Turkey.

What is special about the EU customs union is the level of co-operation, with member states sharing commercial policies, and the size. So how would leaving it affect the UK post-Brexit?

The EU customs union in practice

The EU, acting on behalf of the UK and other member states, has negotiated trade deals with countries around the world which take years to complete. The EU is still mired in talks to try to pull off the controversial Transatlantic Trade and Investment Partnership (TTIP) with the US, and a similar EU-Japan trade deal. These two deals alone would cover a third of all EU trade.

The point of these deals is to make it easier for the EU's exporters to sell abroad, keep imports relatively cheap and at the same time protect the member states' own businesses and consumers as much as possible. 

The rules of the customs union require member states to let the EU negotiate on their behalf, rather than trying to cut their own deals. In theory, if the UK walks away from the customs union, we walk away from all these trade deals, but we also get a chance to strike our own. 

What are the UK's options?

The UK could perhaps come to an agreement with the EU where it continues to remain inside the customs union. But some analysts believe that door has already shut. 

One of Theresa May’s first acts as Prime Minister was to appoint Liam Fox, the Brexiteer, as the secretary of state for international trade. Why would she appoint him, so the logic goes, if there were no international trade deals to talk about? And Fox can only do this if the UK is outside the customs union. 

(Conversely, former Lib Dem leader Nick Clegg argues May will realise the customs union is too valuable and Fox will be gone within two years).

Fox has himself said the UK should leave the customs union but later seemed to backtrack, saying it is "important to have continuity in trade".

If the UK does leave the customs union, it will have the freedom to negotiate, but will it fare better or worse than the EU bloc?

On the one hand, the UK, as a single voice, can make speedy decisions, whereas the EU has a lengthy consultative process (the Belgian region of Wallonia recently blocked the entire EU-Canada trade deal). Incoming US President Donald Trump has already said he will try to come to a deal quickly

On the other, the UK economy is far smaller, and trade negotiators may discover they have far less leverage acting alone. 

Unintended consequences

There is also the question of the UK’s membership of the World Trade Organisation, which is currently governed by its membership of the customs union. According to the Institute for Government: “Many countries will want to be clear about the UK’s membership of the WTO before they open negotiations.”

And then there is the question of policing trade outside of the customs union. For example, if it was significantly cheaper to import goods from China into Ireland, a customs union member, than Northern Ireland, a smuggling network might emerge.

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.