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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The joy of only winning once: why England should be proud of 1966

We feel the glory of that triumphant moment, 50 years ago, all the more because of all the other occasions when we have failed to win.

There’s a phrase in football that I really hate. It used to be “Thirty years of hurt”. Each time the England team crashes out of a major tournament it gets regurgitated with extra years added. Rather predictably, when England lost to Iceland in Euro 2016, it became “Fifty years of hurt”. We’ve never won the European Championship and in 17 attempts to win the World Cup we have only won once. I’m going to tell you why that’s a record to cherish.

I was seven in 1966. Our telly was broken so I had to watch the World Cup final with a neighbour. I sat squeezed on my friend Colin’s settee as his dad cheered on England with phrases like “Sock it to them Bobby”, as old fashioned now as a football rattle. When England took the lead for the second time I remember thinking, what will it feel like, when we English are actually Champions of the World. Not long after I knew. It felt good.

Wembley Stadium, 30 July 1966, was our only ever World Cup win. But let’s imagine what it would be like if, as with our rivals, we’d won it many times? Brazil have been World Champions on five occasions, Germany four, and Italy four. Most England fans would be “over the moon” if they could boast a similarly glorious record. They’re wrong. I believe it’s wonderful that we’ve only triumphed once. We all share that one single powerful memory. Sometimes in life less is definitely more.

Something extraordinary has happened. Few of us are even old enough to remember, but somehow, we all know everything that happened that day. Even if you care little about the beautiful game, I’m going to bet that you can recall as many as five iconic moments from 50 years ago. You will have clearly in your mind the BBC commentator Kenneth Wolstenholme’s famous lines, as Geoff Hurst tore down the pitch to score his hat-trick: “Some people are on the pitch. They think it’s all over. It is now”. And it was. 4 - 2 to England against West Germany. Thirty minutes earlier the Germans had equalised in the dying moments of the second half to take the game to extra time.

More drama we all share: Geoff Hurst’s second goal. Or the goal that wasn’t, as technology has since, I think, conclusively proved. The shot that crashed off the cross bar and did or didn’t cross the line. Of course, even if you weren’t alive at the time, you will know that the linesman, one Tofiq Bakhramov, from Azerbaijan (often incorrectly referred to as “Russian”) could speak not a word of English, signalled it as a goal.

Then there’s the England Captain, the oh-so-young and handsome Bobby Moore. The very embodiment of the era. You can picture him now wiping his muddy hands on his white shorts before he shakes hands with a youthful Queen Elizabeth. Later you see him lifted aloft by his team mates holding the small golden Jules Rimet trophy.

How incredible, how simply marvellous that as a nation we share such golden memories. How sad for the Brazilians and Germans. Their more numerous triumphs are dissipated through the generations. In those countries each generation will remember each victory but not with the intensity with which we English still celebrate 1966. It’s as if sex was best the first time. The first cut is the deepest.

On Colin’s dad’s TV the pictures were black and white and so were the flags. Recently I looked at the full colour Pathe newsreel of the game. It’s the red, white and blue of the Union Jack that dominates. The red cross of Saint George didn’t really come into prominence until the Nineties. The left don’t like flags much, unless they’re “deepest red”. Certainly not the Union Flag. It smacks of imperialism perhaps. In 1966 we didn’t seem to know if we were English or British. Maybe there was, and still is, something admirable and casual about not knowing who we are or what is our proper flag. 

Twelve years later I’m in Cuba at the “World Festival of Youth” – the only occasion I’ve represented my country. It was my chance to march into a stadium under my nation’s flag. Sadly, it never happened as my fellow delegates argued for hours over what, if any, flag we British should walk behind. The delegation leaders – you will have heard of them now, but they were young and unknown then – Peter Mandelson, Trevor Phillips and Charles Clarke, had to find a way out of this impasse. In the end, each delegation walked into the stadium behind their flag, except the British. Poor Mandelson stood alone for hours holding Union Jack, sweltering in the tropical sun. No other country seemed to have a problem with their flag. I guess theirs speak of revolution; ours of colonialism.

On Saturday 30 July BBC Radio 2 will commemorate the 50th anniversary of the 1966 World Cup Final, live from Wembley Arena. Such a celebration is only possible because on 16 occasions we failed to win that trophy. Let’s banish this idea of “Fifty years of hurt” once and for all and embrace the joy of only winning once.

Phil Jones edits the Jeremy Vine Show on BBC Radio 2. On Saturday 30 July the station celebrates the 50th anniversary of the 1966 World Cup Final live from Wembley Arena, telling the story of football’s most famous match, minute by minuteTickets are available from: www.wc66.org