A PROPOSED update to Jersey’s 27-year-old abortion law could remove the current residency require to ensure that “potentially vulnerable or isolated” people in the Island on work permits can access pregnancy terminations.
Assistant Health Minister Andy Howell, who is responsible for women’s health matters, also confirmed that “more extensive changes” to the decades-old abortion law were envisioned across the next two years.
It emerged earlier this year that the Termination of Pregnancy (Jersey) 1997 Law will not be updated until the end of 2026 because of “resourcing challenges” – despite previous announcements that new legislation would be voted on by States Members before the end of this year.
At the time, the Health Minister pledged that “one key change” to the law would be made before the end of 2024 to remove the current residency requirement to ensure that those who were in Jersey for the purposes of work, but who did not live here, could access abortion services.
Now, Deputy Howell has lodged a proposition to enshrine this change in law – although it is not scheduled for debate until January 2025.
If approved, the amendment would remove the 90-day minimum residency requirement that is currently in place to access an abortion in Jersey.
The Termination of Pregnancy (Jersey) 1997 Law requires a person to be either ordinarily resident in the Island, or have been resident for 90 days immediately preceding that day on which the abortion takes place. Under the current law, the limit for accessing an abortion on the grounds of distress is the end of the 12th week of pregnancy, which is equivalent to 84 days.
This, combined with the 90-day qualifying period for a non-ordinarily resident person, means that someone who is pregnant on arrival in Jersey or shortly after arrival is unable to access an abortion in the Island.
In the report accompanying her proposition, Deputy Howell explained: “This is known to create hardship for women who are in Jersey for the purposes of work but who ordinarily live elsewhere and are, therefore, potentially vulnerable or isolated.”
She used the examples of those in Jersey on six-month work permits, or people who were in the Island for an extended period of time while caring for a relative.
The Assistant Health Minister acknowledged that the removal of the current residency requirements made it “theoretically possible for a woman to come to Jersey solely for the purposes of having a termination in Jersey” – something which is known as “health tourism”.
“While this is a theoretical possibility, there will be very limited instances of people travelling to Jersey for a termination, having come via the UK or France, where terminations are available at a later gestation period,” said Deputy Howell.
The theoretical risk of health tourism is addressed in a proposed amendment to the law which requires the abortion patient to be present in Jersey during the two legally mandated pre-procedure consultations, she added.
Deputy Howell also explained that “there is a higher fee charged for non-resident women which acts to discourage health tourism”.
An abortion in Jersey currently costs £185 for those entitled to healthcare in the Island, and £511 for those who are not – usually due to not being a resident for long enough.
Certain groups are exempt from the charges – including those who are under 18, full-time students, on income support, where pregnancy is a result of rape or incest, and where fees have been waived upon outcome of an appeals process.
“It is anticipated that the removal of the existing residency requirement would only result in a small increase in the number of women accessing terminations in Jersey,” the Assistant Health Minister said.
Deputy Howell concluded: “The proposed amendment works to address, in the short term, a restriction in law which creates significant hardship for some groups of women.
“It is envisaged that more extensive changes to the law will be brought forward in 2025/2026, pending further development and public consultation.”
