The Offences Against the Person (Amendment) Bill 1980 amends section 47 A so as to specify certain of the general circumstances in which an abortion may be performed in the interests of the pregnant woman. The circumstances that are specified by the bill are:
(a) abnormality of the foetus;
(b) women under the age of 17; and
(c) victims of the following offences
(i)
(ii)
(iii)
(iv)
(v)
incest;
rape;
intercourse procured by threats;
intercourse procured by false pretences; intercourse procured by drugs.
Abnormality of the foetus
8
Clause 4(a) of the bill provides in new section 47 A(1)(b) that it shall not be unlawful to terminate a pregnancy, if two registered medical practitioners are of the opinion that there is a substantial risk that the child, upon birth, would have such physical or mental abnormalities as to be seriously handicapped.
Girls under the age of 17
9
Clause 4(b) provides in new subsection (2A)(a) that it will no longer be unlawful for registered medical practitioners to terminate the pregnancies of women who on the date of such termination are under the age of 17 years.
Victims of incest and rape
10
New subsection (2A)(b) in clause 4(b) provides for the termination of pregnancies caused by incest and rape as proposed in paragraph 18(e) of Annex A. The original period of 3 months proposed in paragraph 18(e) and endorsed by Members has been retained. This period which was recommended in the Working Party's Report is favoured by the Secretary for Social Services, and the Commissioner of Police has no objection to it, although the Legal Department would have preferred a shorter period.
11
New subsection 2A differs from the circumstances prescribed in new section 47A(1)(b) in which doctors may perform a therapeutic abortion in the interests of a pregnant woman, in that it will not be a prerequisite that doctors must be of the opinion formed in good faith that
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