POLITICIANS responsible for scrutinising health policy have backed a proposed update to Jersey’s abortion law which would remove the current residency requirement to ensure that “potentially vulnerable or isolated” people in the Island on work permits can access pregnancy terminations.
The Health and Social Security Scrutiny Panel recently published comments on Assistant Health Minister Andy Howell’s proposition, which is due to be debated at this week’s States sitting.
In November, Deputy Howell lodged a proposition to remove the current residency requirement to ensure that those who are in Jersey for the purposes of work, but who do not live here, can access abortion services.
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.”
Commenting on the proposals, the Scrutiny panel said: “This inequity currently causes significant hardship for some groups of women.”
The panel added that it did not think the amendment would result in people travelling to the Island solely for the purposes of getting an abortion due to the two legally mandated pre-procedure consultations with an approved registered medical professional.
“If these consultations are with a GP, the average cost per consultation is £30, this cost along with the fee associated with the procedure – £185 for someone who is entitled to health care in Jersey and £511 for someone who is not entitled to health care – plus travel to the Island and accommodation may prove prohibitive, particularly considering that neighbouring jurisdictions allow terminations at a later gestation period,” the report said.
The panel also called for regular updates on further amendments to the Island’s “outdated” abortion law – funding for which was agreed during the Government’s Budget debate last month.
“The panel expect regular updates on the progression of this workstream and anticipate the urgently required amendments to be lodged prior to the end of 2025 as agreed,” the report said.
“The amendments will ensure the feedback from the Government of Jersey’s 2023 public consultation is acknowledged, and the law reflects societal values, takes steps to improve women’s health and wellbeing, aligns with medical advancements and addresses inequalities and legal and ethical issues.”
